UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 31, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0536/AR. U.S. v. Mario E. Fernandez. CCA 20160403.

 

Petitions for Grant of Review Denied

 

No. 17-0486/AR. U.S. v. Isaac L. Boykin. CCA 20160136.

 

Certificates for Review Filed

 

No. 17-0537/MC. United States, Appellant v. James A. Hale, Appellee. CCA 201600015. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date on the following issue:

 

WHAT IS THE CORRECT TEST WHEN ANALYZING AN INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM BASED UPON A CONFLICT OF INTEREST NOT INVOLVING MULTIPLE REPRESENTATION.

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 30th day of August, 2017.

 

Orders Granting Petition for Review

 

No. 17-0434/AF. U.S. v. Edzel D. Mangahas. CCA 2016-10. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. 862, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE LOWER COURT ERRED IN FINDING NO DUE PROCESS VIOLATION WHEN THE GOVERNMENT WAS INACTIVE FOR OVER 17 YEARS BEFORE INVESTIGATING A CLAIM OF RAPE, VIOLATING LTCOL MANGAHAS' FIFTH AMENDMENT RIGHT TO A SPEEDY TRIAL.

 

Pursuant to Rule 19(a)(7)(A), no further pleadings will be filed.

 

Interlocutory Orders

 

No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. On consideration of the motion filed by Protect Our Defenders to file an amicus curiae brief in support of Appellee, it is ordered that said motion is hereby granted.

 

No. 17-0434/AF. U.S. v. Edzel D. Mangahas. CCA 2016-10. On consideration of Appellant's motion to supplement the record and motion to stay court-martial proceedings, it is ordered that said motion to supplement the record is hereby denied, that said motion to stay court-martial proceedings is hereby granted, and said court-martial proceedings are hereby stayed until further order of the Court.

 

No. 17-0534/AR. U.S. v. Matthew M. Smith. CCA 20150254. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 16, 2017.

 

Petitions for Reconsideration Denied

 

No. 17-0423/AR. U.S. v. Tyler D. Milligan. CCA 20160440. Appellant's petition for reconsideration of the Court's order issued July 10, 2017, is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 28, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0535/AR. U.S. v. Payton K. Cork. CCA 20160674.

 

Petitions for Grant of Review Denied

 

No. 17-0472/AR. U.S. v. Eric D. Simon. CCA 20160312.

No. 17-0488/AR. U.S. v. Darrin V. Morris. CCA 20160379.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 27, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0533/AR. U.S. v. Jarrett D. Brooks. CCA 20160556.

No. 17-0534/AR. U.S. v. Matthew M. Smith. CCA 20150254.

 

Petitions for Grant of Review Denied

 

No. 17-0401/AF. U.S. v. Adam P. Cohen. CCA 38472.

No. 17-0479/AR. U.S. v. Jhon R. Heath. CCA 20150690.

No. 17-0483/AR. U.S. v. Patrick L. Clark. CCA 20160121.

 

Petition for Grant of Review - Summary Disposition

 

No. 17-0395/AR. U.S. v. Noel G. Aguiar-Perez. CCA 20140715. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, bearing USCA Docket Number 17-0395/AR, it is ordered that so much of the order of this Court dated March 3, 2017 and relating to USCA Docket Number 17-0167/AR, which affirmed the remaining findings is hereby vacated. The decision of the United States Army Court of Criminal Appeals on the remaining findings is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

Appeals - Summary Dispositions

 

No. 16-0716/AR. U.S. v. Manuel Ortiz III. CCA 20150267. On further consideration of the granted issue, 75 M.J. 494 (C.A.A.F. 2016), it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

No. 17-0037/AF. U.S. v. Cory D. Phillips. CCA S38771. On further consideration of the granted issue, 76 M.J. 57 (C.A.A.F. 2017), and the briefs of the parties, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

No. 17-0041/AR. U.S. v. Justin M. Gurczynski. CCA 20140518. On further consideration of the granted issues, (United States v. Gurczynski, 76 M.J. 42 (C.A.A.F. 2016) (order granting review in No. 17-0041)), and in view of United States v. Ortiz, 76 M.J. 189 (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals in No. ARMY 20140518, dated August 31, 2016, is hereby affirmed.

 

No. 17-0084/AR. U.S. v. James N. Costigan. CCA 20150052. On further consideration of the granted issue, 76 M.J. 65 (C.A.A.F. 2017), and the briefs of the parties, it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

No. 17-0087/AR. U.S. v. Jameson T. Hazelbower. CCA 20150335. On further consideration of the granted issue, 76 M.J. 63 (C.A.A.F. 2017), and the briefs of the parties, it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

No. 17-0222/AF. U.S. v. Yogendra Rambharose. CCA 38769. On further consideration of the granted issue, 76 M.J. 262 (C.A.A.F. 2017), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

No. 17-0253/AR. U.S. v. Douglas E. Reynolds, Jr. CCA 20140856. On further consideration of the granted issue, 76 M.J. 259 (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

No. 17-0319/AR. U.S. v. Eric A. Ramos-Cruz. CCA 20150292. On further consideration of the granted issue, __ M.J. __ (C.A.A.F. 2017) (order granting review, May 10, 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 26, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0529/NA. U.S. v. Darrius D. Upshaw. CCA 201600053.

No. 17-0530/AF. U.S. v. Taylor L. Johnson. CCA 39016.

No. 17-0531/AR. U.S. v. Kyle J. Collins. CCA 20160696.

No. 17-0532/AR. U.S. v. Tristan D. Nicholson. CCA 20160317.

 

Petitions for Grant of Review Denied

 

No. 17-0446/AR. U.S. v. Jacob P. Henderson. CCA 20140081.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0282/AF. U.S. v. Michael R. Lightsey. CCA 38851. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

No. 17-0298/AR. U.S. v. Dwight D. Harris. CCA 20131045. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

No. 17-0333/AR. U.S. v. Arturo A. Tafoya. CCA 20140798. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

No. 17-0341/AR. U.S. v. Vincent P. Degregori III. CCA 20150581. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

No. 17-0381/AF. U.S. v. Corey J. Campbell. CCA 38875. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).

 

Interlocutory Orders

 

No. 17-0401/AF. U.S. v. Adam P. Cohen. CCA 38472. Appellant's motion to supplement the record is denied.

 

No. 17-0495/MC. U.S. v. Benjamin D. Luna. CCA 201500423. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to August 2, 2017.

 

No. 17-0528/AR. U.S. v. Tony L. Bishop. CCA 20150441. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 14, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 25, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0524/AR. U.S. v. Jeremy A. Neeley. CCA 20160365.

No. 17-0526/AF. U.S. v. Ricardo S. Barbary. CCA 38941.

No. 17-0527/AF. U.S. v. William B.C. Kyle. CCA S32411.

No. 17-0528/AR. U.S. v. Tony L. Bishop. CCA 20150441.

 

Petitions for Grant of Review Denied

 

No. 17-0470/AR. U.S. v. John F. Sellers. CCA 20150045.

No. 17-0475/AR. U.S. v. Brandon K. Murray. CCA 20160622.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0376/AR. U.S. v. Torie A. Cash. CCA 20150484. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

Miscellaneous Docket - Filings

 

No. 17-0525/AR. U.S. v. Ronald Gray. CCA 20160775. Notice is hereby given that a pleading styled as "Notice of Mandatory Review," which this Court construes as a writ-appeal petition of the decision of the United States Army Court of Criminal Appeals on a petition for extraordinary relief in the nature of a writ of error coram nobis, was filed on July 12, 2017, and placed on the docket this 25th day of July, 2017. Appellee shall file an answer no later than 10 days from the date of this notice. Appellant may file a reply no later than 5 days thereafter.

 

Additionally, counsel for Appellant filed a motion with the Court on July 12, 2017, to appear Pro Hac Vice. That motion bears the docketing number assigned to another motion docketed that date, (USCA No. 17-0502/AR), but the substance of the motion will be considered applicable to all matters filed by Appellant on July 12, 2017. That motion has been also placed on the docket on this date.

 

Orders Granting Petition for Review

 

No. 17-0405/AF. U.S. v. Sean C. Mooney. CCA 38929. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE CONVENING AUTHORITY'S ACTION IS VOID AB INITIO WHERE IT PURPORTS TO ORDER APPELLANT'S ADJUDGED COURT-MARTIAL SENTENCE TO RUN CONSECUTIVE TO HIS PREVIOUSLY ADJUDGED FEDERAL SENTENCE INSTEAD OF CONCURRENTLY AS REQUIRED BY ARTICLE 57, UCMJ.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 24, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0522/AR. U.S. v. Kyle T. Buss. CCA 20150834.

No. 17-0523/NA. U.S. v. Shanon L. Best. CCA 201600134.

 

Interlocutory Orders

 

No. 17-0208/CG. U.S. v. John C. Riesbeck. CCA 1374. Appellant's motion to extend time to file a reply brief is granted to August 3, 2017.

 

No. 17-0392/AF. U.S. v. Robert A. Condon. CCA 38765. Appellant's motion to extend time to file a brief is granted to September 18, 2017.

 

No. 17-0518/AR. U.S. v. James H. Lee. CCA 20140309. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 7, 2017.

 

No. 17-0520/AF. U.S. v. Harold D. Johnson III. CCA 2017-01. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 10, 2017.

 

Petitions for Reconsideration Denied

 

No. 17-0414/AR. U.S. v. Steven T. Thompson. CCA 20150372. On consideration of Appellant's petition for reconsideration of the Court's order issued June 28, 2017, it is ordered that said petition for reconsideration is hereby denied.

 

Mandates Issued

 

No. 17-0148/AF. U.S. v. Stephan H. Claxton. CCA 38188.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 21, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0520/AF. U.S. v. Harold D. Johnson III. CCA 2017-01.

No. 17-0521/AR. U.S. v. Brandon S. Ellison. CCA 20150621.

 

Petitions for Grant of Review Denied

 

No. 17-0349/AR. U.S. v. Kahlan Maki. CCA 20150210.

No. 17-0421/AR. U.S. v. Andrew J.P. Gomez. CCA 20150450.

No. 17-0425/AR. U.S. v. Willie J. Bostick. CCA 20140880.

No. 17-0467/AR. U.S. v. McKinley P. Armour. CCA 20160698.

No. 17-0468/AR. U.S. v. Bryan A. Kegler. CCA 20150773.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 20, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0517/AR. U.S. v. Stanley J. McClain. CCA 20160303.

No. 17-0518/AR. U.S. v. James H. Lee. CCA 20140309.

No. 17-0519/AF. U.S. v. Daniel A. Duran. CCA S32407.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 19, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0514/AR. U.S. v. Keondrey V. Horace. CCA 20160257.

No. 17-0515/AR. U.S. v. Joshua M. Snow. CCA 20150481.

No. 17-0516/AR. U.S. v. Robier Ramon. CCA 20150564.

 

Orders Granting Petition for Review

 

No. 17-0306/AF. U.S. v. Joseph A. Pugh. CCA 2016-11. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that the petition is hereby granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED IN FINDING THAT AFI 90-507 SERVES NO VALID MILITARY PURPOSE AND DISMISSING THE ADDITIONAL CHARGE AND ITS SPECIFICATION.

 

Although ordinarily an appeal pursuant to Article 62, Uniform Code of Military Justice, 10 U.S.C. 862 (2012), does not require additional pleadings, because the granted issue differs from the assigned issue, additional briefing is necessary. See CAAF Rules 19(a)(7)(A) and 25. Accordingly, Appellant's brief on this issue shall be filed within 20 days of the date of this order. Appellee's brief shall be filed within 20 days of the filing of Appellant's brief. A reply may be filed by Appellant within 5 days of Appellee's brief. Absence extraordinary circumstances, extensions of time to file the briefs will not be granted.

 

No. 17-0392/AF. U.S. v. Robert A. Condon. CCA 38765. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue raised by appellate defense counsel:

 

I. UPON REQUEST BY THE DEFENSE COUNSEL AND UTILIZING A DEFENSE PROPOSED INSTRUCTION, SHOULD THE MILITARY JUDGE HAVE PROVIDED THE MEMBERS WITH AN EXPLANATION OF THE TERM "INCAPABLE"?

 

And the following issue specified by the Court:

 

II. WHETHER THE MILITARY JUDGE ERRED IN ADMITTING APPELLANT'S INVOCATION OF HIS RIGHT TO COUNSEL IN HIS AFOSI INTERVIEW AT TRIAL OVER DEFENSE OBJECTION, AND IF SO, WHETHER THAT ERROR WAS HARMLESS BEYOND A REASONABLE DOUBT.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0231/AR. U.S. v. Torrence A. Robinson. CCA 20140785. On consideration of the motion filed by Protect Our Defenders to file a brief as amicus curiae in support of Appellee, it is ordered that said motion is hereby granted.

 

No. 17-0347/AF. U.S. v. Robert L. Honea III. CCA 38905. Appellant's motion to file a brief and the joint appendix under seal is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 18, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0513/AR. U.S. v. Benjamin S. Moffitt. CCA 20160186.

 

Interlocutory Orders

 

No. 17-0392/AF. U.S. v. Robert A. Condon. CCA 38765. On consideration of Appellant's motion for appellate discovery filed June 12, 2017, motion to attach documents and motion to submit supplemental assignment of error filed June 14, 2017, motion to attach documents filed June 19, 2017, motion to file motion to attach documents under seal, and motion to attach documents filed under seal filed June 21, 2017, it is ordered that said motions are hereby denied.

 

Mandates Issued

 

No. 16-0555/AR. U.S. v. Jason M. Commisso. CCA 20140205.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 17, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0510/MC. U.S. v. Derrick L. Dinger. CCA 201600108.

No. 17-0511/MC. U.S. v. Frank A. Dellacamera III. CCA 201600230.

No. 17-0512/AR. U.S. v. Jonathan J. Hines. CCA 20140890.

 

Petitions for Grant of Review Denied

 

No. 17-0389/AR. U.S. v. Glen R. Urik. CCA 20140844.

No. 17-0427/AR. U.S. v. Dustin L. Starner. CCA 20140370.

No. 17-0436/AR. U.S. v. Trystan L. Fleenor. CCA 20160764.

No. 17-0459/AR. U.S. v. Joshua R. McLemore. CCA 20160725.

No. 17-0461/AR. U.S. v. Jonathan R. Aguiar. CCA 20160302.

No. 17-0462/AR. U.S. v. Lawson L. Ho-Shing. CCA 20150167.

No. 17-0463/AR. U.S. v. Durell J. Stewart. CCA 20160128.

 

Interlocutory Orders

 

No. 17-0482/AF. U.S. v. Kenneth W. Frank, Jr. CCA 38854. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to August 1, 2017.

 

No. 17-0487/AR. U.S. v. Brian J. Jackson. CCA 20160208. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 1, 2017.

 

No. 17-0488/AR. U.S. v. Darrin V. Morris. CCA 20160379. Appellee's motion to file a 10-day letter out of time is denied.

 

No. 17-0508/AF. U.S. v. Nelson W. Meurer. CCA S32406. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 3, 2017.

 

No. 17-0509/AF. U.S. v. Zakery J. Schram. CCA 38954. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 3, 2017.

 

No. 17-0510/MC. U.S. v. Derrick L. Dinger. CCA 201600108. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 7, 2017.

 

No. 17-0511/MC. U.S. v. Frank A. Dellacamera III. CCA 201600230. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 7, 2017.

 

Petitions for Reconsideration Denied

 

No. 17-0417/AR. U.S. v. D' Anthony J. Williams. CCA 20140604. On consideration of Appellant's petition for reconsideration of the Court's order issued June 21, 2017, it is ordered that said petition for reconsideration is denied.

 

No. 17-0424/AR. U.S. v. Cornelius D. Bailey. CCA 20160498. On consideration of Appellant's petition for reconsideration of the Court's order issued June 26, 2017, it is ordered that said petition for reconsideration is denied.

 

No. 17-0426/AR. U.S. v. Ruben D. Fuentes, Jr. CCA 20160780. On consideration of Appellant's petition for reconsideration of the Court's order issued June 28, 2017, it is ordered that said petition for reconsideration is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 14, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0506/AF. U.S. v. Dennis D. Bailey. CCA S32375.

No. 17-0508/AF. U.S. v. Nelson W. Meurer. CCA S32406.

No. 17-0509/AF. U.S. v. Zakery J. Schram. CCA 38954.

 

Petitions for Grant of Review Denied

 

No. 17-0388/AR. U.S. v. George D. MacDonald. CCA 20091118.

No. 17-0435/AR. U.S. v. Cory J. Brown. CCA 20170069.

No. 17-0445/AF. U.S. v. Michael T. Maher. CCA 38955.

No. 17-0447/AR. U.S. v. Anthony L. Moore. CCA 20160597.

No. 17-0449/AR. U.S. v. Nicholas A. Osborne. CCA 20160285.

No. 17-0450/AR. U.S. v. Charles R. Spence, Jr. CCA 20170036.

No. 17-0452/AR. U.S. v. Fredrick J. Smith. CCA 20160316.

No. 17-0453/AR. U.S. v. Christopher D. Bush. CCA 20150610.

No. 17-0455/AF. U.S. v. Steven S. Contreras. CCA 39007.

 

Certificate for Review Filed

 

No. 17-0507/AR. U.S. v. Orval W. Gould, Jr. CCA 20120727. Notice is hereby given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

 

I. WHETHER THE ARMY COURT OF CRIMINAL APPEALS IMPERMISSIBLY EXCEEDED THE LIMITATIONS OF ITS AUTHORITY ON REMAND FROM THIS COURT BY CONDUCTING A FACTUAL SUFFICIENCY REVIEW.

 

II. WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED BY FINDING SPECIFICATION 1 OF CHARGE II FACTUALLY AND LEGALLY INSUFFICIENT.

 

III. WHETHER NUDITY IS A PER SE REQUIREMENT FOR AN IMAGE TO CONSTITUTE A "LASCIVIOUS EXHIBITION OF THE GENITALS OR PUBIC AREA" IN 18 U.S.C. 2256(8)(A).

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before August 14, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 13, 2017

 

Orders Granting Petition for Review

 

No. 17-0476/AF. U.S. v. David C. Carpenter II. CCA 38995. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN LIMITING THE CROSS-EXAMINATION OF THE COMPLAINING WITNESS UNDER MILITARY RULE OF EVIDENCE 412 ON AN ISSUE SHOWING THAT APPELLANT'S SUBJECTIVE MISTAKE OF FACT AS TO THE COMPLAINING WITNESS'S AGE WAS OBJECTIVELY REASONABLE.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0504/AF. U.S. v. Hank W. Robinson. CCA 38942. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 1, 2017.

 

No. 17-0505/AF. U.S. v. Tefera M. Workneh. CCA 38928. Appellant's motion to extend time to file the supplement to the petition for granted of review granted to August 1, 2017.

 

Petitions for Reconsideration Denied

 

No. 16-0599/AR. U.S. v. Jared D. Herrmann. CCA 20131064. On consideration of Appellant's petition for reconsideration of the Court's decision, 76 M.J. 304 (C.A.A.F. 2017), it is ordered that said petition for reconsideration is hereby denied.

 

No. 17-0398/AR. U.S. v. Nicholas R. Carlin. CCA 20160095. On consideration of Appellant's petition for reconsideration of the Court's order issued June 13, 2017, it is ordered that said petition for reconsideration is hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 12, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0503/AF. U.S. v. Benjamin A. Doerr. CCA 38963.

No. 17-0504/AF. U.S. v. Hank W. Robinson. CCA 38942.

No. 17-0505/AF. U.S. v. Tefera M. Workneh. CCA 38928.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0441/AF. U.S. v. Michael R. Henry. CCA 38886. On consideration of Appellee's motion to dismiss the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals for lack of jurisdiction, it is noted that the Court of Criminal Appeals affirmed several of the findings of guilty, set aside other findings of guilty and the sentence, and remanded the record with a rehearing authorized. Under Article 67(c), UCMJ, this Court has jurisdiction to consider the petition. However, given the possibility of a rehearing, the petition is not ripe for review at this time. Accordingly, it is ordered that the motion to dismiss the petition for lack of jurisdiction is hereby denied, and the petition for grant of review is denied without prejudice to Appellant's right to raise the matters asserted during the normal course of appellate review.

 

Miscellaneous Docket - Filings

 

No. 17-0502/AR. Ronald Gray, Petitioner v. United States, Respondent. Notice is hereby given that a motion to file an overlength petition for extraordinary relief in the nature of error coram nobis was filed under Rule 30 on this date.

 

Interlocutory Orders

 

No. 17-0474/AR. U.S. v. Carl H. Weicht, Jr. CCA 20160376. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to July 31, 2017.

 

No. 17-0485/AR. U.S. v. Patrick A. Battles. CCA 20140399. On consideration of Appellee's motion to dismiss the petition for grant of review, it is ordered that said motion is hereby granted without prejudice to Appellant's right to refile the petition during the course of normal appellate review.

 

No. 17-0501/AF. U.S. v. William E. Smith. CCA 38971. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 1, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 11, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0501/AF. U.S. v. William E. Smith. CCA 38971.

 

Petitions for Grant of Review Denied

 

No. 17-0360/AF. U.S. v. Donald W. Cox. CCA 38885.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 10, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0498/AR. U.S. v. Michelle Santiago-Lopez. CCA 20160315.

No. 17-0499/AR. U.S. v. Trevor M. Williams. CCA 20160170.

No. 17-0500/AR. U.S. v. Anthony C. Entwistle. CCA 20160309.

 

Petitions for Grant of Review Denied

 

No. 17-0367/NA. U.S. v. Russell Coble. CCA 201600130.

No. 17-0378/NA. U.S. v. Darrell T. Peterson. CCA 201500340.

No. 17-0413/AR. U.S. v. Eduardo Marquez. CCA 20150604.

No. 17-0416/AR. U.S. v. Terrance L. Gaddy. CCA 20150227.

No. 17-0419/AF. U.S. v. Kyree D. Pulliam. CCA S32379.

No. 17-0423/AR. U.S. v. Tyler D. Milligan. CCA 20160440.

No. 17-0442/AR. U.S. v. Gregory L. McQueen, Jr. CCA 20150166.

 

Interlocutory Orders

 

No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. Appellant' s motion to file a reply brief under seal granted.

No. 17-0495/MC. U.S. v. Benjamin D. Luna. CCA 201500423. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 26, 2017.

 

No. 17-0496/MC. U.S. v. Mark A. Levrie. CCA 201500375. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 27, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 7, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0496/MC. U.S. v. Mark A. Levrie. CCA 201500375.

No. 17-0497/AF. U.S. v. Steven R. Bickham, Jr. CCA S32400.

 

Petitions for Grant of Review Denied

 

No. 17-0365/AF. U.S. v. Drew D. Parenteau-Hefner. CCA 38884.

No. 17-0390/AR. U.S. v. Randal C. Rucker. CCA 20140845.

No. 17-0394/AF. U.S. v. Travone J. Alford. CCA 38992.

No. 17-0409/MC. U.S. v. Jason J. Williams. CCA 201500296.

No. 17-0437/NA. U.S. v. Nathaniel Bracewell. CCA 201600060.

No. 17-0439/AF. U.S. v. Ryan M. Troester. CCA S32385.

 

Mandates Issued

 

No. 16-0586/MC. U.S. v. Nhubu C. Chikaka. CCA 201400251.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 6, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0495/MC. U.S. v. Benjamin D. Luna. CCA 201500423.

 

Interlocutory Orders

 

No. 17-0329/AR. U.S. v. Randy L. Simpson Jr. CCA 20140126. On consideration of Appellee's motion to dismiss the certificate for grant of review and motion to attach appellate exhibits, it is ordered that said motion to dismiss the certificate is hereby denied, and said motion to attach appellate exhibits is hereby granted in part to admit defense appellate exhibits A and C, but denied in part to attach defense appellate exhibit B.

 

No. 17-0493/AF. U.S. v. Chad M. Williams. CCA S32368. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 25, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 5, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0492/AR. U.S. v. William G. Inman. CCA 20150042.

No. 17-0493/AF. U.S. v. Chad M. Williams. CCA S32368.

No. 17-0494/AF. U.S. v. Ryan D. Means. CCA 38947.

 

Petitions for Grant of Review Denied

 

No. 17-0322/MC. U.S. v. Christopher Clugston. CCA 201500326.

No. 17-0397/AF. U.S. v. Latisha K. Wells. CCA S32372.

No. 17-0400/AR. U.S. v. Joshua W. James. CCA 20160631.

No. 17-0402/AR. U.S. v. Dakota A. Bragan. CCA 20160124.

No. 17-0406/NA. U.S. v. Andrew J. Wright. CCA 201600098.

No. 17-0430/AR. U.S. v. Tahron D. Davis. CCA 20160521.

No. 17-0431/AR. U.S. v. David A. Velasquez II. CCA 20160570.

 

Interlocutory Orders

 

No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. Appellee's motion to file a brief under seal is granted. Appellant's motion to extend time to file a reply brief is granted to July 7, 2017.

 

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's motion to extend time to file a brief is granted to July 27, 2017.

 

No. 17-0460/AF. U.S. v. Mark A. Anderson. CCA 38959. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to July 20, 2017.

 

No. 17-0489/AR. U.S. v. Alan T. Wheeler. CCA 20160387. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 14, 2017.

 

No. 17-0490/AF. U.S. v. Jacob A. Chambers. CCA 38975. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 17, 2017.

 

No. 17-0491/AR. U.S. v. Nicholas S. Marcum. CCA 20150500. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 17, 2017.

 

Mandates Issued

 

No. 17-0028/CG. U.S. v. Shane E. Reese. CCA 1422.



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