UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 30, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0489/AR. U.S. v. Alan T. Wheeler. CCA 20160387.

No. 17-0490/AF. U.S. v. Jacob A. Chambers. CCA 38975.

No. 17-0491/AR. U.S. v. Nicholas S. Marcum. CCA 20150500.

 

Mandates Issued

 

No. 16-0546/AF. U.S. v. Rodney B. Boyce. CCA 38673.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 28, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0291/NA. U.S. v. Darin G. Lopez. CCA 201400373.

No. 17-0387/AR. U.S. v. Timothy A. Petroshus. CCA 20160034.

No. 17-0414/AR. U.S. v. Steven T. Thompson. CCA 20150372.

No. 17-0426/AR. U.S. v. Ruben D. Fuentes, Jr. CCA 20160780.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 27, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0484/AR. U.S. v. Anthony C. Brown, Jr. CCA 20160232.

No. 17-0485/AR. U.S. v. Patrick A. Battles. CCA 20140399.

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

No. 17-0487/AR. U.S. v. Brian J. Jackson. CCA 20160208.

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0370/AR. U.S. v. Adam G. Koenig. CCA 20150225. 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.

 

Interlocutory Orders

 

No. 17-0291/NA. U.S. v. Darin G. Lopez. CCA 201400373. Appellant's motion to supplement the record is denied.

 

No. 17-0387/AR. U.S. v. Timothy A. Petroshus. CCA 20160034. Appellee's motion to file a 10-day response out of time is denied.

 

No. 17-0481/MC. U.S. v. Cameron Miller. CCA 201600392. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 17, 2017.

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 26, 2017

 

Petitions for Grant of Review Filed

 

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

No. 17-0480/NA. U.S. v. Raiden J. Andrews. CCA 201600208.

No. 17-0481/MC. U.S. v. Cameron Miller. CCA 201600392.

No. 17-0482/AF. U.S. v. Kenneth W. Frank, Jr. CCA 38854.

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

 

Petitions for Grant of Review Denied

 

No. 17-0420/AR. U.S. v. Richard F. Fouts IV. CCA 20160260.

No. 17-0424/AR. U.S. v. Cornelius D. Bailey. CCA 20160498.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0353/AR. U.S. v. Jeremy C. Bardin. CCA 20150378. 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 Court of Criminal Appeals is affirmed.

 

Interlocutory Orders

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. On consideration of Appellant's consolidated motion to compel funding for learned counsel, a mitigation specialist, and a fact investigator, for appointment of appellate team members, and for a stay of proceedings, we note that Dep't of the Army, Reg. 27-10, Legal Services, Military Justice para. 28-6(c) (May 11, 2016) provides under its "suggested capital litigation teams" that "[t]he defense team should consist of members whose duties are substantially dedicated to the capital case and shall include at least two experienced, qualified defense counsel, and one paralegal (GS-9 or E-6)." By the lead appellate defense counsel's own admission, he is neither experienced nor qualified as defined by the applicable regulation, and has significant other demands on his time. Accordingly, it is ordered that within 30 days from the date of this order, Appellee will show cause why it has not provided Appellant with defense assistance that comports with the qualifications suggested by paragraph 28-6(c) of AR Reg. 27-10. The Court will consider Appellee's response and the pending consolidated motion and will issue an order that addresses that motion and establishes a briefing schedule.

 

No. 17-0474/AR. U.S. v. Carl H. Weicht, Jr. CCA 20160376. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 12, 2017.

 

No. 17-0477/AR. U.S. v. Robert J. Carr. CCA 20150529. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 11, 2017.

 

No. 17-0478/AR. U.S. v. Mark A. Greschel. CCA 20150575. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 13, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 23, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0476/AF. U.S. v. David C. Carpenter II. CCA 38995.

No. 17-0477/AR. U.S. v. Robert J. Carr. CCA 20150529.

No. 17-0478/AR. U.S. v. Mark A. Greschel. CCA 20150575.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 22, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0473/AR. U.S. v. Joseph K. Felton. CCA 20150510.

No. 17-0474/AR. U.S. v. Carl H. Weicht, Jr. CCA 20160376.

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

 

Petitions for Grant of Review Denied

 

No. 17-0371/AR. U.S. v. David I. Martinez. CCA 20160084.

 

Petitions for Reconsideration Denied

 

No. 16-0546/AF. U.S. v. Rodney B. Boyce. CCA 38673. On consideration of Appellee's petition for reconsideration of this Court's decision, 76 M.J. 242 (C.A.A.F. 2017), and the motion filed by Protect Our Defenders to file an amicus curie brief out of time in support of Appellee's petition for reconsideration, it is ordered that said motion filed by Protect Our Defenders to file an amicus curiae brief out of time is hereby denied, and said petition for reconsideration is hereby denied.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0373/AR. U.S. v. David M. Ozoskey. CCA 20160085. 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.

 

Orders Granting Petition for Review

 

No. 17-0323/AR. U.S. v. Antonio T. Moore. CCA 20140875. 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 on the following issue:

 

WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRONEOUSLY FOUND THERE WAS NO REASONABLE POSSIBILITY THE IMPROPER PROPENSITY INSTRUCTION INVALIDATED BY THIS COURT IN UNITED STATES v. HILLS, 75 M.J. 360 (C.A.A.F. 2016), COULD HAVE AFFECTED THE PANEL'S GUILTY FINDING FOR SPECIFICATION 1 OF ADDITIONAL CHARGE I.

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0347/AF. U.S. v. Robert L. Honea III. CCA 38905. Appellant's motion to extend time to file a brief is granted to July 11, 2017.

 

No. 17-0353/AR. U.S. v. Jeremy C. Bardin. CCA 20150378. Appellee's motion to file a 10-day letter out of time is denied.

 

Mandates Issued

 

No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939.

No. 17-0079 &17-0086 AF. U.S. v. Patrick Carter. CCA 38708.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 21, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0471/AR. U.S. v. Eric D. Simon. CCA 20160312.

No. 17-0472/AR. U.S. v. Terrance B. Wells. CCA 20160211.

 

Petitions for Grant of Review Denied

 

No. 17-0415/AR. U.S. v. Roberto Rabelo. CCA 20160406.

No. 17-0417/AR. U.S. v. D' Anthony J. Williams. CCA 20140604.

 

Court Closure

 

By order of the Chief Judge, the United States Court of Appeals for the Armed Forces will be closed all day on Monday, July 3, 2017. For purposes of computation of time and motions to enlarge time under the Court's Rules of Practice and Procedure, July 3, 2017, will be considered a day when the Court is officially closed.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 20, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0465/AR. U.S. v. Nigel S. Jones. CCA 20160421.

No. 17-0466/AF. U.S. v. Ryan A. Campbell. CCA 38906.

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

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

No. 17-0469/AR. U.S. v. Orval W. Gould. Jr. CCA 20120727.

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

 

Interlocutory Orders

 

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. On consideration of the motion filed by Frank J. Spinner, Esq., for leave to withdraw as appellate defense counsel, supported by Appellant's memorandum of June 12, 2017, releasing Mr. Spinner from further representation of Appellant and proceeding with representation by Captain Cody Cheek, it is ordered that said motion is hereby granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 19, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0377/AR. U.S. v. Casey A. Phillips. CCA 20150373.

No. 17-0403/AR. U.S. v. Marc A. Salonga. CCA 20160413.

No. 17-0410/AR. U.S. v. Justyn M. Mack. CCA 20160078.

No. 17-0411/AR. U.S. v. Kelsey E.R. Suff. CCA 20160524.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. On consideration of Appellant's petition for reconsideration of this Court's order of April 27, 2017, summarily affirming the decision of the United States Navy-Marine Corps Court of Criminal Appeals, Appellant's motions to appoint a special master, to supplement the record, and for oral argument, and Appellee's motion to remand for new post-trial processing, we note that Appellant has presented an affidavit from the convening authority averring that he felt pressure from senior civilian and military leaders to approve the findings in this case. In order to resolve this allegation of unlawful command influence, we conclude that further factfinding must be conducted pursuant to United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967). Accordingly, it is ordered that the petition for reconsideration is granted, this Court's order of April 27, 2017, is vacated, and the petition for grant of review is granted on the following issue:

WHETHER SENIOR CIVILIAN AND MILITARY LEADERS EXERTED UNLAWFUL COMMAND INFLUENCE ON THE CONVENING AUTHORITY.

In addition, the motion to appoint a special master is denied, the motions to supplement the record are granted, the motion for oral argument is denied, and the motion to remand for new post-trial processing is denied. The record of trial is returned to the Judge Advocate General of the Navy for remand to a convening authority other than the one who convened the court-martial concerned and one who is at a higher echelon of command. This convening authority shall order a factfinding hearing pursuant to DuBay. The presiding officer at this hearing shall be a military judge from an armed force other than the United States Navy or United States Marine Corps. See Rule for Court-Martial 503(b)(3).

 

This military judge shall inquire fully and make findings of fact and conclusions of law related to the alleged unlawful command influence matter underlying the granted issue. At the conclusion of the DuBay hearing, the military judge will return the record directly to this Court for further review of the granted issue under Article 67, Uniform Code of Military Justice, 10 U.S.C. 867 (2012). The hearing shall be completed and the record returned to this Court no later than November 1, 2017.*

 

* It is noted that the military judge neglected to seal the transcript of the Military Rule of Evidence (MRE) 513 hearing and some of the associated pleadings, contrary to the requirements of MRE 513(e)(5). Accordingly, the Clerk is directed to seal the MRE 513 matters (pages 26-47 and 57-61 and AE V and VIII of the record of trial).

 

Interlocutory Orders

 

No. 17-0464/CG. U.S. v. Michael W. Kirby. CCA 1433. Appellant's motion to extend time to file the supplement to the petition for grant of review to July 6, 2017.

 

Mandates Issued

 

No. 16-0731/AR. U.S. v. Austin L. Hendrix. CCA 20140476.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 16, 2017

 

Petitions for Grant of Review Filed

 

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.

No. 17-0464/CG. U.S. v. Michael W. Kirby. CCA 1433.

 

Interlocutory Orders

 

No. 17-0460/AF. U.S. v. Mark A. Anderson. CCA 38959. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 5, 2017.

 

Mandates Issued

 

No. 16-0530/AF. U.S. v. Patrick A. Shea. CCA S32225.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 15, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0460/AF. U.S. v. Mark A. Anderson. CCA 38959.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0428/AR. U.S. v. Raymond P. Pasay. CCA 20140930. On consideration of Appellant's motion to dismiss the petition for grant of review pending reconsideration at the United States Army Court of Criminal Appeals, and subsequent motion to dismiss the petition for grant of review, or in the alternative, to file the supplement out of time, it is ordered that Appellant's motion to dismiss the petition for grant of review dated May 30, 2017, is hereby granted without prejudice, and Appellant's motion to dismiss the petition for grant of review, or in the alternative, to file the supplement out of time dated June 13, 2017, is hereby denied as moot.

 

Petitions for Reconsideration Denied

 

No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939. On consideration of Appellee's petition for reconsideration of this Court's decision, United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017), it is ordered that said petition for reconsideration be, and the same is, hereby denied.

 

Interlocutory Orders

 

No. 17-0458/AF. U.S. v. Chad A. Blatney. CCA 2016-16. Appellant's motion to extend time to file supplement to the petition for grant of review granted to July 5, 2017.

 

Mandates Issued

 

No. 16-0484/AF. U.S. v. Christopher L. Oliver. CCA 38481.

No. 17-0160/AR. U.S. v. Steven M. Tucker. CCA 20150634.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 14, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0457/AF. U.S. v. Derrick M. Hacker. CCA 38972.

No. 17-0458/AF. U.S. v. Chad A. Blatney. CCA 2016-16.

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

 

Interlocutory Orders

 

No. 17-0049/MC. U.S. v. Tanner J. Forrester. CCA 201500295. On consideration of the motion filed by Major Benjamin A. Robles to withdraw as appellate defense attorney, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new attorney has assumed the representation of said Appellant. Accordingly, it is ordered that said motion is hereby granted.

 

No. 17-0429/AF. U.S. v. Clarence Anderson III. CCA 39023. On consideration of Appellant's motion for leave to file the supplement to the petition for grant of review that complies with Rule 24(c) but does not comply with Rule 21(b), and motion to file the supplement under seal, it is ordered that said motions are hereby granted.

 

No. 17-0434/AF. U.S. v. Edzel D. Mangahas. CCA 2016-10. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to July 7, 2017.

 

No. 17-0443/AF. U.S. v. Brandon M. Hardee. CCA S32360. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 3, 2017.

 

No. 17-0444/AF. U.S. v. James R. Stortz. CCA S32377. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 3, 2017.

 

No. 17-0457/AF. U.S. v. Derrick M. Hacker. CCA 38972. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to July 5, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 13, 2017

 

Petitions for Grant of Review Filed

 

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

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

No. 17-0448/AR. U.S. v. Eric M. Miles. CCA 20150415.

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. 17-0451/AR. U.S. v. Isaiah E. Saunders. CCA 20160346.

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. 17-0454/AR. U.S. v. Perry J. Byrd. CCA 20160565.

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

No. 17-0456/AF. U.S. v. Alexander S. Wheeler. CCA 38908.

 

Petitions for Grant of Review Denied

 

No. 17-0398/AR. U.S. v. Nicholas R. Carlin. CCA 20160095.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 12, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0443/AF. U.S. v. Brandon M. Hardee. CCA S32360.

No. 17-0444/AF. U.S. v. James R. Stortz. CCA S32377.

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

 

Petitions for Grant of Review Denied

 

No. 17-0330/AR. U.S. v. Corey J. Robinson. CCA 20150088.

No. 17-0396/AF. U.S. v. Jerry G. Tolbert, Jr. CCA S32373.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0241/AR. U.S. v. Shawn E. Earle. CCA 20150184.

No. 17-0244/AR. U.S. v. Joseph Kargbo. CCA 20150011.

No. 17-0363/AR. U.S. v. David Garman. CCA 20150164.

 

In the above referenced cases, 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.

 

Orders Granting Petition for Review

 

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. 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 on the following issue:

 

WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRONEOUSLY FOUND THAT THE PROPENSITY INSTRUCTION GIVEN IN THIS CASE FALLS WITHIN AN EXCEPTION TO THE HOLDING IN UNITED STATES v. HILLS, 75 M.J. 350 (C.A.A.F. 2016).

 

Briefs will be filed under Rule 25.

 

No. 17-0364/AF. U.S. v. Tyler G. Eppes. CCA 38881. 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 issues:

 

I.   WHETHER THE SEARCH OF APPELLANT'S PERSONAL BAGS EXCEEDED THE SCOPE OF THE SEARCH AUTHORIZATION WHERE THE AGENT REQUESTED AUTHORITY TO SEARCH APPELLANT'S PERSON, PERSONAL BAGS, AND AUTOMOBILE, BUT THE MILITARY MAGISTRATE AUTHORIZED ONLY THE SEARCH OF APPELLANT'S PERSON AND AUTOMOBILE AND DID NOT AUTHORIZE THE SEARCH OF APPELLANT'S PERSONAL BAGS.

 

II.  WHETHER APPELLANT'S RIGHT TO FREEDOM FROM UNREASONABLE SEARCH AND SEIZURE UNDER THE FOURTH AMENDMENT WAS VIOLATED WHEN THERE WAS NO PROBABLE CAUSE FOR THE 7 DECEMBER 2012 WARRANT.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 9, 2017

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

No. 17-0357/AF. U.S. v. Daniel V. Roblero. CCA 38874.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0374/AR. U.S. v. Anthony C. Toney. CCA 20150565. 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.

 

Interlocutory Orders

 

No. 17-0241/AR. U.S. v. Shawn E. Earle. CCA 20150184. On consideration of Appellant's motion to file a supplement to the petition for grant of review out of time, and motion to file out of time and motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motions are hereby denied.

 

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellee's motion to file a 10-day letter out of time is denied.

 

No. 17-0290/AF. U.S. v. Andrew I. Lutcza. CCA 2016-13. 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, and Appellee's motion to supplement the record, it is ordered said motion is hereby granted, and said petition is hereby denied.

 

No. 17-0400/AR. U.S. v. Joshua W. James. CCA 20160631. Appellant's motion to consider matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 17-0402/AR. U.S. v. Dakota A. Bragan. CCA 20160124. Appellant's motion to consider matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 17-0438/AR. U.S. v. Thomas C. Flesher. CCA 20110449. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 26, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 8, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0441/AF. U.S. v. Michael R. Henry. CCA 38886.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0252/AR. U.S. v. Nicholas A. Solt. CCA 20130029.

No. 17-0375/AR. U.S. v. David C. Robinson. CCA 20150120.

No. 17-0380/AR. U.S. v. Bianca L. Koth. CCA 20150179.

 

In the above referenced cases, 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.

 

Petitions for Reconsideration Denied

 

No. 17-0109/AR. U.S. v. Charles Bonilla. CCA 20131084. Appellant's petition for reconsideration of this Court's order issued May 3, 2017 is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 7, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0289/AR. U.S. v. Francis A. Carista, Jr. CCA 20150243.

No. 17-0317/AF. U.S. v. Jaren T. Bishop. CCA 38879.

No. 17-0324/AR. U.S. v. Antonio T. Moore. CCA 20150007.

No. 17-0368/NA. U.S. v. David B. Olson. CCA 201600025.

No. 17-0386/AR. U.S. v. Robert J. Casados. CCA 20160116.

No. 17-0391/AF. U.S. v. Willie L. Curry, Jr. CCA 38636.

No. 17-0399/AR. U.S. v. Isaiah L. Davis. CCA 20150587.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0240/AR. U.S. v. Stephen B. Perry. CCA 20140904.

No. 17-0280/AR. U.S. v. Joshua A. Kundradurham. CCA 20160059.

No. 17-0320/AR. U.S. v. Eric K. McFadden. CCA 20140815.

No. 17-0321/AR. U.S. v. Carlton D. Sharpe. CCA 20150101.

 

In the above reference cases, 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.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 6, 2017

 

Petitions for Grant of Review Filed

 

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

No. 17-0438/AR. U.S. v. Thomas C. Flesher. CCA 20110449.

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

No. 17-0440/AF. U.S. v. Joshua D. Hnatiuk. CCA 38923.

 

Petitions for Grant of Review Denied

 

No. 17-0299/AR. U.S. v. Jacob B. Powell. CCA 20150775.

No. 17-0352/NA. U.S. v. Matthew R. Beltran. CCA 201500270.

No. 17-0384/AR. U.S. v. Edward T. Johnson. CCA 20160575.

No. 17-0385/AR. U.S. v. Jonas B. Bywater. CCA 20160707.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0342/AR. U.S. v. Thomas D. Rodgers. CCA 20150706. 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.

 

Appeals - Summary Dispositions

 

No. 17-0407/AF. U.S. v. Thomas P.J. Drayton. CCA S32374. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, we note that the Court of Criminal Appeals stated that Appellant's approved sentence included a bad-conduct discharge, confinement for 12 months, forfeiture of $850.00 pay per month for 12 months, and reduction to E-1. It then affirmed that sentence. In fact, the sentence approved by the convening authority reduced the confinement to 8 months. Accordingly, it is ordered that said petition is hereby granted, and the decision of the United States Air Force Court of Criminal Appeals is affirmed as to findings and to only so much of the sentence as provides for confinement for 8 months, forfeiture of $850.00 pay per month for 12 months, reduction to E-1, and a bad-conduct discharge.

 

Interlocutory Orders

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellant's second motion to extend time to file a brief is granted to June 30, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 5, 2017

 

Petitions for Grant of Review Filed

 

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

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

 

Petitions for Grant of Review Denied

 

No. 17-0309/AR. U.S. v. Michael A. Updegrove. CCA 20160166.

 

Interlocutory Orders

 

No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. Appellant's motion to file a brief and volume 2 of the joint appendix under seal is granted.


No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's motion to amend matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 17-0404/AF. U.S. v. Vashaun M. Blanks. CCA 38891. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to June 19, 2017.

 

No. 17-0408/AR. U.S. v. Erik P. Jacobsen. CCA 20160786. Appellant's motion for a stay of trial proceedings is granted and trial proceedings are hereby stayed pending further order of the Court.

 

No. 17-0429/AF. U.S. v. Clarence Anderson III. CCA 39023. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted June 20, 2017.

 

No. 17-0434/AF. U.S. v. Edzel D. Mangahas. CCA 2016-10. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 22, 2017.

 

Mandates Issued

 

No. 17-0035/AR. U.S. v. Jeffry A. Feliciano, Jr. CCA 20140766.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 2, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0432/CG. U.S. v. Michael A. Heximer. CCA 1434.

No. 17-0433/AR. U.S. v. Jeremiah D. Hill. CCA 20150310.

No. 17-0434/AF. U.S. v. Edzel D. Mangahas. CCA 2016-10.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 1, 2017

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0337/AR. U.S. v. Dontae D. Stanford. CCA 20150745. 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.

 

No. 17-0338/AR. U.S. v. Matthew S. Dejesus. CCA 20150666. 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.

 

No. 17-0355/AR. U.S. v. Jose L. Cuellar. CCA 20150375. 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.

 

No. 17-0372/AR. U.S. v. Lawrence E. Gore. CCA 20160275. 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.

 

Appeals - Summary Dispositions

 

No. 17-0055/AR. U.S. v. Mitchell L. Brantley. CCA 20150199. On further consideration of the granted issue (76 M.J. 62 (C.A.A.F. 2017)), the briefs of the parties, and oral argument, 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. Sager, 76 M.J. 158 (C.A.A.F. March 21, 2017).



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