UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 31, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0429/AF. U.S. v. Clarence Anderson III. CCA 39023.

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

 

Interlocutory Orders

 

No. 17-0408/AR. U.S. v. Erik P. Jacobsen. CCA 20160786. Appellant's motion to extend time to file a reply brief granted to June 5, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 30, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0379/AF. U.S. v. Gabriel J. Ross. CCA 38974.

 

Mandates Issued

 

No. 16-0306/AR. U.S. v. Joshua C. Davis. CCA 20130996.

No. 16-0705/AR. U.S. v. Sean R. Erikson. CCA 20150130.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 26, 2017

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0235/AR. U.S. v. Joshua P. Maez. CCA 20150810. 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. 17-0259/AR. U.S. v. Erick A. Medrano. CCA 20140167. 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. 17-0354/AR. U.S. v. Mack R. Goss III. CCA 20150024. 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. 17-0077/AR. U.S. v. Salvador Jimenez-Victoria. CCA 20140733. On further consideration of the granted issues, 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 is hereby affirmed.

 

Orders Granting Petition for Review

 

No. 17-0347/AF. U.S. v. Robert L. Honea III. CCA 38905. 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. IMMEDIATELY BEFORE THE DEFENSE RESTED ITS CASE, THE MILITARY JUDGE INVITED THE PARTIES' ATTENTION TO R.C.M. 910, AND DIRECTED THE DEFENSE TO PROVIDE THE MILITARY JUDGE WITH A DRAFT SPECIFICATION OF ASSAULT CONSUMMATED BY A BATTERY. DID THE LOWER COURT ERR WHEN IT HELD THAT THE DEFENSE'S COMPLIANCE WITH THE MILITARY JUDGE'S DIRECTIVE CONSTITUTED A DE FACTO DEFENSE REQUEST TO MODIFY THE SPECIFICATION PURSUANT TO R.C.M. 603 WHERE THERE IS NO EVIDENCE THAT EITHER THE DEFENSE OR THE CONVENING AUTHORITY WERE AWARE THE CHARGE WAS BEING AMENDED PURSUANT TO R.C.M. 603?

 

II. THE MILITARY JUDGE DISMISSED SPECIFICATION 2 OF CHARGE II, ABUSIVE SEXUAL CONTACT BY CAUSING BODILY HARM, FOR FAILURE TO STATE AN OFFENSE, BUT SHE ALLOWED THE GOVERNMENT TO PROCEED TO TRIAL ON THE PURPORTED LESSER INCLUDED OFFENSE OF ASSAULT CONSUMMATED BY A BATTERY. DID THE MILITARY JUDGE ERR?

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 25, 2017

 

Petitions for Grant of Review Filed

 

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

No. 17-0428/AR. U.S. v. Raymond P. Pasay. CCA 20140930.

 

Petitions for Grant of Review Denied

 

No. 17-0261/AF. U.S. v. Jose H. Gallegos. CCA 38738.

No. 17-0331/AF. U.S. v. Markus A. Milner. CCA S32338.

 

Miscellaneous Docket - Summary Dispositions

 

No. 17-0366/AR. Ronald E.V. Layton, Appellant v. United States, Appellee. CCA 20160756. On consideration of the writ-appeal petition, it is ordered that said writ-appeal petition is hereby dismissed for lack of jurisdiction.

 

Interlocutory Orders

 

No. 17-0077/AR. U.S. v. Salvador Jimenez-Victoria. CCA 20140733. On consideration of Appellant's motion for abeyance of petition and motion for appellate discovery in light of Pena-Rodriguez v. Colorado, 580 U.S. __, 137 S. Ct. 855 (2017), it is ordered that said motions are hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 24, 2017

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

No. 17-0343/AR. U.S. v. Jeffrey N. Bravo. CCA 20140318.

 

Interlocutory Orders

 

No. 17-0171/CG. U.S. v. Koda M. Harpole. CCA 1420. Appellant's motion to extend time to file a brief granted to June 28, 2017.

 

No. 17-0208/CG. U.S. v. John C. Riesbeck. CCA 1374. Appellant's motion to extend time to file a brief and the joint appendix granted to June 12, 2017.

 

No. 17-0326/AF. United States, Appellant/Cross-Appellee v. Joshua Katso, Appellee/Cross-Appellant. CCA 38005. On consideration of Appellant/Cross-Appellee's motion to extend time to file a brief, it is ordered that said motion is hereby granted to June 16, 2017.

 

No. 17-0393/AF. U.S. v. Collin M. Lee. CCA 38888. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to June 13, 2017.

 

No. 17-0408/AR. United States, Appellant v. Erik P. Jacobsen, Appellee. CCA 20160786. Appellant's motion to amend the joint appendix is granted.

 

No. 17-0419/AF. U.S. v. Kyree D. Pulliam. CCA S32379. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 12, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 23, 2017

 

Petitions for Grant of Review Filed

 

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

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

No. 17-0422/AR. U.S. v. Timothy R. Slack. CCA 20150352.

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

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

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0350/AR. U.S. v. Leroy A. Greene. CCA 20150228. 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.

 

Hearings

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 22, 2017

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

No. 17-0287/NA. U.S. v. Andrew P. Sholtes. CCA 201500230.

No. 17-0359/AF. U.S. v. Alexander C. Norwood. CCA 39015.

No. 17-0361/MC. U.S. v. Walter J. Wagers III. CCA 201600180.

No. 17-0362/AF. U.S. v. Willie J. Holt III. CCA 38890.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0312/AR. U.S. v. Thomas J. Watford. CCA 20150549. 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. 17-0314/AR. U.S. v. Michael J. Rosadodejesus. CCA 20140087. 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. 17-0254/AR. U.S. v. Michael D. Thompson. CCA 20140974. On consideration of Appellant's motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motion is hereby granted.

 

No. 17-0388/AR. U.S. v. George D. MacDonald. CCA 20091118. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to June 6, 2017.

 

No. 17-0412/AF. U.S. v. Tyrone R. Brooks, Jr. CCA S32394. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 12, 2017.

 

No. 17-0413/AR. U.S. v. Eduardo Marquez. CCA 20150604. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 8, 2017.

 

No. 17-0418/AF. U.S. v. Todd A. Miller. CCA 38922. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 8, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 19, 2017

 

Petitions for Grant of Review Filed

 

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

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

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

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

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

No. 17-0418/AF. U.S. v. Todd A. Miller. CCA 38922.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 18, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0412/AF. U.S. v. Tyrone R. Brooks, Jr. CCA S32394.

 

Petitions for Grant of Review Denied

 

No. 17-0325/AR. U.S. v. Jonathan R. Tremper. CCA 20150357.

No. 17-0351/CG. U.S. v. Christopher C. Burke. CCA 1431.

No. 17-0358/MC. U.S. v. Johnathan S. Arthurton. CCA 201600228.

 

Interlocutory Orders

 

No. 17-0171/CG. U.S. v. Koda M. Harpole. CCA 1420. Appellant's motion for leave to file an amended supplement with an additional assignment of error out of time is granted.

 

No. 17-0203/AR. U.S. v. David L. Jerkins. CCA 20140071. Appellee's motion to file a supplemental joint appendix is granted.

 

No. 17-0409/MC. U.S. v. Jason J. Williams. CCA 201500296. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to June 6, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 17, 2017

 

Petitions for Grant of Review Filed

 

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

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.

 

Appeals - Summary Dispositions

 

No. 16-0497/MC. U.S. v. Reece N. Tso. CCA 201400379. On further consideration of the granted issues, and in light of United States v. McClour, 76 M.J. 23 (C.A.A.F. 2017), and United States v. Bartee, 76 M.J.141 (C.A.A.F. 2017), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

 

No. 17-0112/AR. U.S. v. Jason R. Crews. CCA 20130766. On further consideration of the granted issues, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 16, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0286/AF. U.S. v. Eldridge S. Jones, Jr. CCA 38859.

No. 17-0335/AF. U.S. v. Alexander J. Rowe. CCA 38880.

No. 17-0346/AF. U.S. v. Thomas E. Parks, Jr. CCA 38867.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0205/AR. U.S. v. Kenneth B. Boyd. CCA 20150632.

No. 17-0207/AR. U.S. v. David Montoya. CCA 20150211.

No. 17-0302/AR. U.S. v. Michael S. Knoop. CCA 20160353.

 

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.

 

Interlocutory Orders

 

No. 17-0112/AR. U.S. v. Jason R. Crews. CCA 20130766. On consideration of Appellant's motion to file supplemental matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motion is hereby denied.

 

No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. On consideration of the motion filed by Lieutenant Christopher C. McMahon to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new counsel has assumed representation of said Appellant. Accordingly, it is ordered that said motion is hereby granted.

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellee's motion to extend time to file an answer to Appellant's consolidation motion granted to May 24, 2017.

 

No. 17-0369/AF. U.S. v. Michael R. Hassell. CCA 38903. Appellant's second motion to extend time to file a supplement to the petition for grant of review granted to May 18, 2017.

 

No. 17-0399/AR. U.S. v. Isaiah L. Davis. CCA 20150587. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to June 1, 2017.

 

No. 17-0400/AR. U.S. v. Joshua W. James. CCA 20160631. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to June 1, 2017.

 

No. 17-0401/AF. U.S. v. Adam P. Cohen. CCA 38472. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to June 1, 2017.

 

No. 17-0402/AR. U.S. v. Dakota A. Bragan. CCA 20160124. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to June 1, 2017.

 

No. 17-0404/AF. U.S. v. Vashaun M. Blanks. CCA 38891. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to June 5, 2017.

 

No. 17-0405/AF. U.S. v. Sean C. Mooney. CCA 38929. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to June 5, 2017.

 

No. 17-0406/NA. U.S. v. Andrew J. Wright. CCA 201600098. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to June 5, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 15, 2017

 

Petitions for Grant of Review Filed

 

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

No. 17-0404/AF. U.S. v. Vashaun M. Blanks. CCA 38891.

No. 17-0405/AF. U.S. v. Sean C. Mooney. CCA 38929.

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

No. 17-0407/AF. U.S. v. Thomas P.J. Drayton. CCA S32374.

 

Petitions for Grant of Review Denied

 

No. 17-0284/MC. U.S. v. Victor A. Hurtado. CCA 201500051.

 

Certificates for Review Filed

 

No. 17-0408/AR. United States, Appellant v. Erik P. Jacobsen, Appellee. CCA 20160786. Notice is hereby given that a certificate for review of the decision of the United States Army Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, and a supporting brief were filed under Rule 22, together with a motion to stay trial proceedings on this date on the following issue:

 

WHETHER THE TRIAL COUNSEL'S CERTIFICATION THAT EVIDENCE IS "SUBSTANTIAL PROOF OF A FACT MATERIAL IN THE PROCEEDING" IS CONCLUSIVE FOR PURPOSES OF ESTABLISHING APPELLATE JURISDICTION UNDER ARTICLE 62(a)(1)(B), UNIFORM CODE OF MILITARY JUSTICE.

 

Appellee will file an answer under Rule 22(b) on or before May 25, 2017.

 

Mandates Issued

 

No. 16-0407/AR. U.S. v. Justin P. Swift. CCA 20100196.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 12, 2017

 

Petitions for Grant of Review Filed

 

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

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

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

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

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

 

Petitions for Grant of Review Denied

 

No. 17-0295/AR. U.S. v. Harry J. Ciborowski. CCA 20150544.

No. 17-0344/AF. U.S. v. Anthony L. Jones. CCA S32343.

 

Mandates Issued

 

No. 16-0423/AR. U.S. v. Joseph R. Haverty. CCA 20130559.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 11, 2017

 

Petitions for Grant of Review Filed

 

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

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

 

Petitions for Grant of Review Denied

 

No. 17-0283/NA. U.S. v. Jeffery J. Quichocho. CCA 201500297.

No. 17-0313/AR. U.S. v. Richard A. Brooks. CCA 20160261.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 10, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0297/AR. U.S. v. Aaron M. Yepezstash. CCA 20160552.

No. 17-0300/AR. U.S. v. Joseph B. Campbell. CCA 20140305.

No. 17-0301/AR. U.S. v. Mario C. Samaniego. CCA 20160135.

No. 17-0304/AR. U.S. v. Jeremy J. Edwards. CCA 20160432.

No. 17-0339/AR. U.S. v. Bradley S. McMullen. CCA 20150588.

 

Orders Granting Petition for Review

 

No. 17-0319/AR. U.S. v. Eric A. Ramos-Cruz. CCA 20150292. 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, IN A COURT-MARTIAL TRIED BY MILITARY JUDGE ALONE, THE MILITARY JUDGE ABUSED HIS DISCRETION BY GRANTING THE GOVERNMENT'S MOTION TO USE THE CHARGED SEXUAL MISCONDUCT FOR MILITARY RULE OF EVIDENCE 413 PURPOSES TO PROVE PROPENSITY TO COMMIT THE CHARGED SEXUAL MISCONDUCT.

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0393/AF. U.S. v. Collin M. Lee. CCA 38888. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 30, 2017.

 

Hearings

 

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

No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 20150010.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 9, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0392/AF. U.S. v. Robert A. Condon. CCA 38765.

No. 17-0393/AF. U.S. v. Collin M. Lee. CCA 38888.

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

No. 17-0395/AR. U.S. v. Noel G. Aguiar-Perez. CCA 20140715.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0192/AR. U.S. v. Jermaine C. Sampson. CCA 20140841.

No. 17-0210/AR. U.S. v. Randon P. Mazzie, Jr. CCA 20140923.

No. 17-0216/AR. U.S. v. Luis A. Torres-Garza. CCA 20160142.

No. 17-0228/AR. U.S. v. Jeffrey T. Murdorf II. CCA 20150038.

No. 17-0242/AR. U.S. v. Nicholas J. Majetich. CCA 20150085.

No. 17-0247/AR. U.S. v. Deandre J. George. CCA 20150793.

No. 17-0260/AR. U.S. v. Marques D. Entzminger. CCA 20150672.

No. 17-0262/AR. U.S. v. Charles Maston. CCA 20140537.

No. 17-0266/AR. U.S. v. Jesse E. Bullock, Jr. CCA 20160347.

No. 17-0267/AR. U.S. v. LaDonte A. Smith. CCA 20160480.

No. 17-0269/AR. U.S. v. Michael J. Slater. CCA 20150494.

No. 17-0270/AR. U.S. v. Loren R. Berg. CCA 20150548.

No. 17-0271/AR. U.S. v. Brandon C. Patterson. CCA 20150325.

No. 17-0274/AR. U.S. v. Victor D. Wilson. CCA 20140220.

No. 17-0275/AR. U.S. v. Gavin C. Hirsch. CCA 20160416.

No. 17-0276/AR. U.S. v. Dennis Bailon. CCA 20160240.

No. 17-0281/AR. U.S. v. Kaitlin Shave. CCA 20160048.

No. 17-0288/AR. U.S. v. Stephon D. Threat. CCA 20160593.

No. 17-0293/AR. U.S. v. Edgar Huertalopez. CCA 20150059.

No. 17-0294/AR. U.S. v. James R. Reed. CCA 20150284.

No. 17-0303/AR. U.S. v. Jeffrey I. Averett, Jr. CCA 20160669.

No. 17-0340/AR. U.S. v. Khristian Mairena. CCA 20160327.

No. 17-0345/AR. U.S. v. Rinard A. Orage. CCA 20150682.

No. 17-0348/AR. U.S. v. Keimara N. Brooks. CCA 20160715.

 

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.

 

Hearings

 

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

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

 

Mandates Issued

 

No. 16-0500/AF. U.S. v. Justin L. Fetrow. CCA 38631.

No. 17-0032/AR. U.S. v. Sean M. Ahern. CCA 20130822.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 8, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0227/MC. U.S. v. David Montalvo III. CCA 201400241.

No. 17-0296/AR. U.S. v. Colby D. Hunsaker. CCA 20160723.

No. 17-0328/AF. U.S. v. Adam C. Link. CCA S32382.

No. 17-0332/AF. U.S. v. James A. Kester. CCA 38911.

No. 17-0334/AF. U.S. v. Gonzalo A. Carnio-Navarro. CCA S32340.

No. 17-0336/NA. U.S. v. Jeremy R. Fogle. CCA 201600310.

 

Appeals - Summary Dispositions

 

No. 16-0741/AR. U.S. v. Nicholas A. Piszcz. CCA 20140842.

No. 16-0754/AR. U.S. v. Arthur Martin, Jr. CCA 20130207.

No. 17-0090/AR. U.S. v. Ronnie T. Williams. CCA 20150302.

No. 17-0094/AR. U.S. v. Jeffrey W. Thompson, Jr. CCA 20160169.

No. 17-0111/AR. U.S. v. Francisco Galvan. CCA 20150574.

No. 17-0121/AR. U.S. v. Elvis R. Garcia. CCA 20150715.

 

In the above referenced cases, on further consideration of the granted issues, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

No. 17-0095/AR. U.S. v. Marcus V. Davis. CCA 20150100.

No. 17-0129/AR. U.S. v. Khristophor M. Villar. CCA 20160117.

No. 17-0133/AR. U.S. v. Paul E. Thomas. CCA 20150269.

No. 17-0170/AR. U.S. v. Nicholas Doherty. CCA 20160390.

No. 17-0176/AR. U.S. v. Reginald E. Charles. CCA 20160414.

 

In the above referenced cases, on further consideration of the granted issue, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

Interlocutory Orders

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellant's motion to extend time to file a brief granted to May 31, 2017.

 

No. 17-0265/CG. U.S. v. Colby C. Bailey. CCA 1428. Appellant's motion to extend time to file a brief granted to June 6, 2017.

 

No. 17-0360/AF. U.S. v. Donald W. Cox. CCA 38885. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to May 30, 2017.

 

No. 17-0390/AR. U.S. v. Randal C. Rucker. CCA 20140845. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 25, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 5, 2017

 

Petitions for Grant of Review Filed

 

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

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

 

Miscellaneous Docket - Summary Dispositions

 

No. 17-0307/AR. Robert B. Bergdahl v. Jeffrey R. Nance and United States. CCA 20170114. No. 17-0307/AR. Robert B. Bergdahl, Appellant v. Jeffrey R. Nance, Colonel, J.A. Military Judge, and United States, Appellees. CCA 20170114. On consideration of the writ-appeal petition and the motion of Former Federal Judges to file an amicus brief, it is ordered that said motion is hereby denied, and that said writ-appeal petition is hereby denied.

 

Appeals - Summary Dispositions

 

No. 16-0693/AR. U.S. v. Marcos A. Bustamante. CCA 20150486.

No. 17-0008/AR. U.S. v. Matthew R. Strempler. CCA 20150527.

No. 17-0038/AR. U.S. v. Christopher B. Smith. CCA 20140353.

No. 17-0040/AR. U.S. v. Keith D. Land. CCA 20160220.

No. 17-0044/AR. U.S. v. Andy Delvalle. CCA 20160157.

No. 17-0047/AR. U.S. v. Adrian T. Douglas. CCA 20140449.

No. 17-0056/AR. U.S. v. Jodi R. Coker. CCA 20160202.

No. 17-0059/AR. U.S. v. Ethan J. Markley. CCA 20140956.

No. 17-0064/AR. U.S. v. Nathan A. Kelley. CCA 20140701.

No. 17-0065/AR. U.S. v. Cassandra M. Riley. CCA 20150687.

No. 17-0066/AR. U.S. v. Marcelino Trejo. CCA 20160479.

No. 17-0067/AR. U.S. v. Anthony K. Bickerstaff. CCA 20160065.

No. 17-0073/AR. U.S. v. William C. Millay. CCA 20130341.

No. 17-0074/AR. U.S. v. Jose L. Nataren. CCA 20130413.

No. 17-0083/AR. U.S. v. Thomas L. Humburd, Jr. CCA 20150214.

 

In the above referenced cases, on further consideration of the granted issues, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

No. 17-0042/AR. U.S. v. Ali A. Alirad, Jr. CCA 20150404.

No. 17-0048/AR. U.S. v. David J. Dorris. CCA 20140185.

No. 17-0050/AR. U.S. v. Donnell M. Spriggs. CCA 20150077.

No. 17-0070/AR. U.S. v. Kyle W. Miner. CCA 20160268.

No. 17-0091/AR. U.S. v. Stefan D. Hughes. CCA 20150022.

No. 17-0166/AR. U.S. v. Dustyn R. Kidd. CCA 20150280.

 

In the above referenced cases, on further consideration of the granted issue, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

Interlocutory Orders

 

No. 17-0112/AR. U.S. v. Jason R. Crews. CCA 20130766. On consideration of the order issued by the Court, __M.J. __ (Daily Journal, May 4, 2017), it is ordered that said order is hereby vacated.

 

No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. Appellant's motion to extend time to file a brief and joint appendix granted to May 26, 2017.

 

No. 17-0356/AF. U.S. v. Devin J. Vanhise. CCA 38882. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to May 18, 2017.

 

No. 17-0388/AR. U.S. v. George D. MacDonald. CCA 20091118. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 22, 2017.

 

No. 17-0389/AR. U.S. v. Glen R. Urik. CCA 20140844. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 24, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 4, 2017

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0211/AR. U.S. v. Sean A. Mecker. CCA 20150533. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0215/AR. U.S. v. Kevin Greytunkl. CCA 20150644. 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 Issues II, III and IV, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0219/AR. U.S. v. George L. Smith II. CCA 20160266. 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 Issue 11 raised by Appellant pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0220/AR. U.S. v. Andrew D. Curry. CCA 20140860. 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 assigned issue, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0225/AR. U.S. v. Mario I. Jeffers. CCA 20150740. 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 Issue II, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0229/AR. U.S. v. Lauro P. Francisco. CCA 20140541. 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 Issue III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0230/AR. U.S. v. William E. Threet. CCA 20140852. 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 Issue II, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0233/AR. U.S. v. Nija D. Jones. CCA 20150189. 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 assigned issue, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0234/AR. U.S. v. Wendell W. Benjamin. CCA 20130092. 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 Issue II, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0237/AR. U.S. v. Andrew M. Viera. CCA 20150487. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0238/AR. U.S. v. Terrance T. Johnson. CCA 20140297. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0239/AR. U.S. v. Marcus L. Pretlow. CCA 20150220. 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 assigned issue, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0245/AR. U.S. v. Terry J. Ayers. CCA 20160362. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0248/AR. U.S. v. Anthony T. Davenport. CCA 20150322. 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 Issues III, IV, and V, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0249/AR. U.S. v. Olyn V. Lowrey. CCA 20150466. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0256/AR. U.S. v. Jason E. Dunham. CCA 20150467. 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 assigned issue, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0258/AR. U.S. v. Keevan D. Tyson. CCA 20160580. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0305/AR. U.S. v. Marcus A. Barksdale, Jr. CCA 20160587. 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 issue two raised by Appellant pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

Appeals - Summary Dispositions

 

No. 16-0713/AR. U.S. v. Samuel E. Nealy III. CCA 20140029.

No. 17-0002/AR. U.S. v. Alvin J. Fogle. CCA 20140534.

No. 17-0004/AR. U.S. v. Jason A. Maestre. CCA 20140549.

No. 17-0014/AR. U.S. v. Stephen C. Warren. CCA 20140510.

No. 17-0016/AR. U.S. v. Christopher L. Cottner. CCA 20150733.

No. 17-0017/AR. U.S. v. Jasmine S. Hercules. CCA 20150197.

No. 17-0021/AR. U.S. v. Alvin S. Banks. CCA 20130948.

No. 17-0026/AR. U.S. v. Joshua R. Luna. CCA 20150365.

No. 17-0027/AR. U.S. v. Nicholas E. White. CCA 20140945.

No. 17-0081/AR. U.S. v. Eric A. LeRoy. CCA 20160294.

No. 17-0093/AR. U.S. v. Michael B. O'Connor. CCA 20130853.

No. 17-0105/AR. U.S. v. Anthony v. Santucci. CCA 20140216.

No. 17-0110/AR. U.S. v. Manuel Rios. CCA 20140971.

No. 17-0112/AR. U.S. v. Jason R. Crews. CCA 20130766.

No. 17-0118/AR. U.S. v. Tyrone E. Stanley. CCA 20150772.

No. 17-0124/AR. U.S. v. Phillip S. Lewis, Jr. CCA 20160329.

No. 17-0145/AR. U.S. v. Michael C. Morrill. CCA 20140197.

No. 17-0151/AR. U.S. v. Dayshawn M. Guice. CCA 20150774.

No. 17-0159/AR. U.S. v. Jeffrey Soria. CCA 20150537.

No. 17-0164/AR. U.S. v. Corey J. Brookshire. CCA 20160332.

 

In the above referenced cases, on further consideration of the granted issues, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

No. 17-0116/AR. U.S. v. Aarron D. Buckner. CCA 20150323.

No. 17-0128/AR. U.S. v. Anthony E. Perez. CCA 20160256.

No. 17-0130/AR. U.S. v. Seddrick M. Rhodes. CCA 20160265.

No. 17-0142/AR. U.S. v. Antione D. Williams. CCA 20130446.

No. 17-0173/AR. U.S. v. Patrick Podobnik. CCA 20150692.

 

In the above referenced cases, on further consideration of the granted issue, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

Interlocutory Orders

 

No. 17-0148/AF. U.S. v. Stephan H. Claxton. CCA 38188. On consideration of Appellant's motion to close the courtroom for oral argument and the response of the government not opposing said motion, it is ordered that said motion is hereby denied. All parties will refer to the second confidential informant as "CI2" if necessary to the presentation of counsel's oral argument on the assigned issue. The Clerk is directed to seal Appellant's reply brief.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 3, 2017

 

Petitions for Grant of Review Filed

 

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

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

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0109/AR. U.S. v. Charles Bonilla. CCA 20131084. 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 Issues III, IV, and V, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0132/AR. U.S. v. Scott E. Kissell. CCA 20160014. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0141/AR. U.S. v. Raymond J. Cooper. CCA 20150425. 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 assigned issue, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0172/AR. U.S. v. Zachary S. Richardson-Hoeg. CCA 20150503. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0175/AR. U.S. v. Christopher R. Murphy. CCA 20160088. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0177/AR. U.S. v. Brian K. Jewell II. CCA 20160464. 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 issue raised by Appellant pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0178/AR. U.S. v. Michael J. Sadler. CCA 20160300. 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 Issues I, II, and III, and the decision of the United States Court of Criminal Appeals is affirmed.

 

No. 17-0179/AR. U.S. v. Eric R. Ramirez. CCA 20140022. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0180/AR. U.S. v. Cassandra M. Riley. CCA 20140960. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0188/AR. U.S. v. Tyran M. Alexander. CCA 20150223. 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 issue raised by Appellant pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0189/AR. U.S. v. Gary S. Oscar. CCA 20140445. 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 Issues II, III, and IV, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0194/AR. U.S. v. Dallas R. Sutton. CCA 20150268. 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 granted on the Issues I-III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0197/AR. U.S. v. Jeffery E. Prewitt. CCA 20160295. 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 Issues I, II, and III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0202/AR. U.S. v. Austin L. Girau. CCA 20150698. 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 Issues II, III, and IV, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

No. 17-0206/AR. U.S. v. Liban H. Abdirahman. CCA 20150216. 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 granted on Issues I-III, and the decision of the United States Army Court of Criminal Appeals is affirmed.

 

Appeals - Summary Dispositions

 

No. 16-0658/AR. U.S. v. Tyler F. Ho. CCA 20140068. On further consideration of the granted issues, 75 M.J. 468 (C.A.A.F. 2016), and the briefs of the parties, we conclude that Appellant waived Issue I (whether Appellant was punished by being forced to quarter a junior officer in his home). Issues II, III, and IV were resolved against Appellant in United States v. Ortiz, __M.J.__ (C.A.A.F. 2017). Accordingly, it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

No. 16-0670/AR. U.S. v. Matthew N. Watkins. CCA 20140275. On further consideration of the granted issues, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

No. 16-0675/AF. U.S. v. Brandi D. Medeiros. CCA S32289. On further consideration of the granted issues, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

No. 16-0677/AR. U.S. v. Jovanni Pimentel. CCA 20150361.

No. 16-0680/AR. U.S. v. Shquon T. Hodge. CCA 20160056.

No. 16-0712/AR. U.S. v. James G. Donohue. CCA 20140124.

No. 16-0714/AR. U.S. v. Mattie L. Brown. CCA 20140346.

No. 16-0715/AR. U.S. v. Zachary A. Bennett. CCA 20121072.

No. 16-0719/AR. U.S. v. John G. Birdsong. CCA 20140887.

No. 16-0720/AR. U.S. v. Robert S. Echols. CCA 20160126.

No. 16-0723/AR. U.S. v. Kyle D. Rich. CCA 20130805.

No. 16-0725/AR. U.S. v. Jacob D. Blakesley. CCA 20150012.

No. 16-0732/AR. U.S. v. Kameron M. Coleman. CCA 20140709.

No. 16-0733/AR. U.S. v. Christopher B. Melvin. CCA 20140761.

No. 16-0735/AR. U.S. v. Rhandall S. Lavasseur, Jr. CCA 20150475.

No. 16-0739/AR. U.S. v. Collins Nyangau. CCA 20150495.

No. 16-0745/AR. U.S. v. Andrew D. Griffith. CCA 20150195.

No. 16-0746/AR. U.S. v. Ryan W. Rochford. CCA 20140565.

No. 16-0749/AR. U.S. v. Richard S. Carroll. CCA 20150049.

No. 16-0751/AR. U.S. v. D'Andre R. Fletcher. CCA 20140949.

No. 16-0753/AR. U.S. v. Taylor A. Layton. CCA 20150260.

No. 16-0757/AR. U.S. v. Trevor L. Sands. CCA 20130946.

No. 16-0758/AR. U.S. v. Jesse M. Taylor. CCA 20150158.

No. 16-0761/AR. U.S. v. Jacob I. McGowan. CCA 20150807.

 

In the above referenced cases, on further consideration of the granted issues, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

No. 16-0711/AF. U.S. v. Michael J.D. Briggs. CCA 38730. On further consideration of the granted issue, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

No. 16-0722/AR. U.S. v. Max S. Maydoney. CCA 20150324. On further consideration of the granted issue, and in view of United States v. Ortiz, __M.J.__ (C.A.A.F. 2017), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

Interlocutory Orders

 

No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 20150010. Appellee's motion for leave to file and motion to file the brief out of time is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 2, 2017

 

Petitions for Grant of Review Filed

 

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

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

 

Interlocutory Orders

 

No. 16-0658/AR. U.S. v. Tyler F. Ho. CCA 20140068. On consideration of Appellant's motion to file out of time and motion to file supplemental 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. 17-0381/AF. U.S. v. Corey J. Campbell. CCA 38875. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 18, 2017.

 

No. 17-0382/AF. U.S. v. Sean M. Oliver. CCA 38858. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 18, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 1, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0292/AR. U.S. v. Eric D. Shorts. CCA 20140721.

No. 17-0311/AR. U.S. v. Jonathan B. Polk. CCA 20160433.

No. 17-0318/AF. U.S. v. Devon Parr. CCA 38878.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0475/AF. U.S. v. Nathan G. Wilson-Crow. CCA 38706. On further consideration of the granted issues (76 M.J. 59 (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. Fetrow, 76 M.J. ___ (C.A.A.F. April 17, 2017), United States v. McClour, 76 M.J. 23 (C.A.A.F. 2017), and United States v. Hills, 75 M.J. 350 (C.A.A.F. 2016).

 

Orders Granting Petition for Review

 

No. 17-0171/CG. U.S. v. Koda M. Harpole. CCA 1420. On consideration of the petition for grant of review of the decision of the United States Coast Guard Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issues:

 

I. WHETHER THE MILITARY JUDGE ABUSED HER DISCRETION WHEN SHE ALLOWED A VICTIM ADVOCATE TO TESTIFY AS TO APPELLANT'S PRIVILEGED COMMUNICATIONS, IN VIOLATION OF M.R.E. 514.

 

II. WHETHER THE TRIAL DEFENSE COUNSEL WERE INEFFECTIVE BY FAILING TO SUPPRESS APPELLANT'S UNWARNED ADMISSIONS. THESE ADMISSIONS WERE MADE TO YNI NIPP WHEN SHE KNEW HE WAS A SUSPECT AND UNDER INVESTIGATION. SHE INTENDED TO REPORT THESE ADMISSIONS TO THE COMMAND AND QUESTIONED HIM WITHOUT ADVISING HIM OF HIS ART. 31, UCMJ, RIGHTS.

 

III. UPON REQUEST BY THE DEFENSE COUNSEL AND USING A DEFENSE-DRAFTED INSTRUCTION, SHOULD THE MILITARY JUDGE HAVE PROVIDED THE MEMBERS WITH AN EXPLANATION OF THE TERM "INCAPABLE"?

 

Briefs will be filed under Rule 25 on Issues I and II only.



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