UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, November 30, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0062/NA. U.S. v. Abel A. Montesdeoca. CCA 201600238.

 

Mandates Issued

 

No. 17-0525/AR. U.S. v. Ronald Gray. CCA 20160775.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 29, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0061/AR. U.S. v. Yely Nunez Jiminez. CCA 20170033.

 

Petitions for Grant of Review Denied

 

No. 18-0018/AR. U.S. v. Ricardo E. Chinchilla. CCA 20150266.

No. 18-0026/AR. U.S. v. Timothy C. Asay. CCA 20160445.

No. 18-0027/AR. U.S. v. Justin P. Swift. CCA 20100196.

No. 18-0028/AR. U.S. v. Trey A. Sanders. CCA 20160716.

 

Orders Granting Petition for Review

 

No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. Upon reconsideration of Appellant's petition for grant of review, we granted review of the following issue: WHETHER SENIOR CIVILIAN AND MILITARY LEADERS EXERTED UNLAWFUL COMMAND INFLUENCE ON THE CONVENING AUTHORITY. We also ordered a hearing in accordance with United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967). See United States v. Barry, 76 M.J. 407 (C.A.A.F. 2017)(sum. disp.). The record of that proceeding and the findings of fact and conclusions of law of the DuBay judge have been returned to this Court. After consideration of the record of the hearing and the findings and conclusions of the DuBay judge, it is ordered that said petition is hereby granted on the following specified issue:

 

WHETHER A DEPUTY JUDGE ADVOCATE GENERAL CAN COMMIT UNLAWFUL COMMAND INFLUENCE UNDER ARTICLE 37, UCMJ, 10 U.S.C. 837 (2012).

 

The original granted issue is also modified as follows:

 

WHETHER MILITARY OFFICIALS EXERTED ACTUAL UNLAWFUL COMMAND INFLUENCE ON THE CONVENING AUTHORITY OR CREATED THE APPEARANCE OF DOING SO.

 

Appellant shall file a brief on the two granted issues on or before December 29, 2017, Appellee shall file a brief within 30 days of the date of the filing of Appellant's brief, and Appellant may file a reply within 10 days of the date of the filing of Appellee's brief. The parties are ordered to file a joint appendix in accordance with C.A.A.F. R. 24(f).*

 

* Judge Sparks is recused and did not participate.

 

Hearings

 

No. 17-0231/AR. U.S. v. Torrence A. Robinson. CCA 20140785.

No. 17-0329/AR. U.S. v. Randy L. Simpson, Jr. CCA 20140126.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 28, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0060/AR. U.S. v. Daniel A. Romero. CCA 20150139.

 

Hearings

 

No. 17-0203/AR. U.S. v. David L. Jerkins. CCA 20140071.

No. 17-0224/AR. U.S. v. Jorge F. Acevedo. CCA 20150076.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, November 27, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0057/AF. U.S. v. Steven J. Bailey. CCA 39052.

No. 18-0058/AR. U.S. v. John T. Cowan. CCA 20160031.

No. 18-0059/AR. U.S. v. Edward L. Crowder. CCA 20150728.

 

Petitions for Grant of Review Denied

 

No. 18-0023/AR. U.S. v. Christopher D. Palmer. CCA 20160782.

 

Interlocutory Orders

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. In the opinion of November 20, 2017, in the above referenced case, the Court stated that a briefing order would follow. United States v. Hennis, __M.J.__, (2 n.2) (C.A.A.F. 2017). Accordingly, it is ordered that Appellant will file a brief under Rule 23 no later than May 31, 2018. Appellee will file a brief within 60 days of the filing of Appellant's brief. Appellant may file a reply brief within 20 days of the filing of Appellee's brief. The briefs and the reply, if any, shall comply with the format established in this Court's March 6, 2017, order.

 

No. 17-0609/AF. U.S. v. Leon A. Brown IV. CCA 38864. Appellant's motion for leave to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 18-0018/AR. U.S. v. Ricardo E. Chinchilla. CCA 20150266. Appellant's motion to supplement the record with defense appellate exhibit B is denied.

 

No. 18-0040/AR. U.S. v. Jeffery T. Page. CCA 20150505. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to December 12, 2017.

 

No. 18-0049/MC. U.S. v. Mykal L. Evans. CCA 201600111. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 11, 2017.

 

No. 18-0050/AR. U.S. v. Thomas C. Richards. CCA 20160394. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 11, 2017.

 

No. 18-0055/AR. U.S. v. Robert Bales. CCA 20130743. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 12, 2017.

 

No. 18-0056/AR. U.S. v. David A. Fenili. CCA 20140806. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 12, 2017.

 

No. 18-0057/AF. U.S. v. Steven J. Bailey. CCA 39052. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 18, 2017.

 

Mandates Issued

 

No. 17-0306/AF. U.S. v. Joseph A. Pugh. CCA 2016-11.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 22, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0055/AR. U.S. v. Robert Bales. CCA 20130743.

No. 18-0056/AR. U.S. v. David A. Fenili. CCA 20140806.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 21, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0051/MC. U.S. v. Charles A. Titman. CCA 201600368.

No. 18-0052/AR. U.S. v. Timothy D. Worlds. CCA 20150134.

No. 18-0053/AF. U.S. v. Richard J. Campbell. CCA 39036.

No. 18-0054/AF. U.S. v. Steven T. Potter. CCA 39128.

 

Petitions for Grant of Review Denied

 

No. 18-0003/AF. U.S. v. Sergiy O. Alyokhin. CCA 39017.

No. 18-0022/AF. U.S. v. Brandon N. Myers. CCA 39234.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, November 20, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0049/MC. U.S. v. Mykal L. Evans. CCA 201600111.

No. 18-0050/AR. U.S. v. Thomas C. Richards. CCA 20160394.

 

Petitions for Grant of Review Denied

 

No. 17-0611/AF. U.S. v. Jordin B. Lafontaine. CCA 39004.

No. 18-0021/AR. U.S. v. Norman K. McNeal. CCA 20160488.

 

Interlocutory Orders

 

No. 17-0603/AR. U.S. v. John-Brian Hughes. CCA 20130783. Appellant's motion to consider matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 18-0029/AR. U.S. v. Lawrence J. Franks, Jr. CCA 20140952. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to December 5, 2017.

 

No. 18-0030/AR. U.S. v. Raymond P. Pasay. CCA 20140930. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, November 17, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0047/AR. U.S. v. Richard G. Rummings. CCA 20150811.

No. 18-0048/AR. U.S. v. Danny R. Griffin. CCA 20150794.

 

Petitions for Grant of Review Denied

 

No. 17-0613/AR. U.S. v. Ronald E. Fosdyck III. CCA 20150617.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, November 16, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0046/AR. Felix M. Mariani. CCA 20160375.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 15, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0606/AF. U.S. v. David W. Bruno. CCA 2017-03.

 

Orders Granting Petition for Review

 

No. 17-0608/AR. U.S. v. Randy E. Jones. CCA 20150370. 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 issues:

 

I. WHETHER ADMISSION OF AN ALLEGED CO-CONSPIRATOR'S CONFESSION TO LAW ENFORCEMENT VIOLATED M.R.E. 801(d)(2)(E).

 

II. WHETHER ADMISSION OF THE SAME CONFESSION VIOLATED APPELLANT'S SIXTH AMENDMENT RIGHT TO CONFRONTATION.

 

III. WHETHER USE OF THE CONFESSION TO CORROBORATE OTHERWISE UNSUPPORTED ESSENTIAL ELEMENTS IN APPELLANT'S OWN CONFESSION VIOLATED M.R.E. 304(g) AND UNITED STATES v. ADAMS, 74 M.J. 137 (C.A.A.F. 2015).

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0434/AF. U.S. v. Edzel D. Mangahas. CCA 2016-10. Appellant's motion to dispense with the joint appendix requirement is granted.

 

No. 18-0023/AR. U.S. v. Christopher D. Palmer. CCA 20160782. Appellant's motion to unseal is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 14, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0044/AF. U.S. v. Rashaad D. Mickens. CCA S32396.

No. 18-0045/AF. U.S. v. Hunter J. Denny. CCA 39089.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, November 13, 2017

 

Petitions for Grant of Review Denied

 

No. 18-0011/MC. U.S. v. Randall Woody. CCA 201600158.

No. 18-0013/AR. U.S. v. Jermel L. Cleveland. CCA 20160522.

 

Miscellaneous Docket - Summary Dispositions

 

No. 18-0004/AF. James R. Lewis, Appellant v. United States, Appellee. CCA 2017-05. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is denied.

 

No. 18-0006/AF. Joseph M. Ward III, Appellant v. United States, Appellee. CCA 2017-06. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is denied.

 

No. 18-0012/AF. Floyd M. Jeter, Appellant v. United States, Appellee. CCA 2017-07. On consideration of the writ-appeal petition, it is ordered that said writ-appeal petition is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, November 9, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0041/NA. U.S. v. Brian C. Christopher. CCA 201600084.

No. 18-0042/AR. U.S. v. Michael A. Knopik. CCA 20160811.

No. 18-0043/AF. U.S. v. Ralph G. Morales. CCA 39018.

 

Interlocutory Orders

 

No. 18-0002/AR. U.S. v. Elmer F. Hoffman III. CCA 20140172. Appellant's third motion to extend time to file the supplement to the petition for grant of review granted to November 21, 2017.

 

No. 18-0040/AR. U.S. v. Jeffery T. Page. CCA 20150505. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 28, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 8, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0040/AR. U.S. v. Jeffery T. Page. CCA 20150505.

 

Petitions for Grant of Review Denied

 

No. 17-0594/AR. U.S. v. Vanmany K. Ferguson. CCA 20140957.

 

Hearings

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, November 6, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0038/MC. U.S. v. Benjamin Ramirez. CCA 201600139.

No. 18-0039/AR. U.S. v. Maurice A. Turner. CCA 20160009.

 

Petitions for Grant of Review Denied

 

No. 18-0007/MC. U.S. v. William E. Wooddall. CCA 201700061.

 

Interlocutory Orders

 

No. 18-0036/AF. U.S. v. Danreddy L. Jalos. CCA 39138. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 27, 2017.

 

No. 18-0037/AF. U.S. v. Cody D. Bond. CCA 38934. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 27, 2017.

 

No. 18-0038/MC. U.S. v. Benjamin Ramirez. CCA 201600139. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 27, 2017.

 

Petition for Reconsideration Denied

 

No. 17-0575/AR. U.S. v. Marcus C. Daniels. CCA 20140538. Appellant's petition for reconsideration of the Court's order issued October 12, 2017 is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, November 3, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0035/AR. U.S. v. Uriel S. Garcia. CCA 20160463.

No. 18-0036/AF. U.S. v. Danreddy L. Jalos. CCA 39138.

No. 18-0037/AF. U.S. v. Cody D. Bond. CCA 38934.

 

Petitions for Grant of Review Denied

 

No. 17-0588/AR. U.S. v. Marcell T. Bunch. CCA 20160197.

No. 17-0589/AF. U.S. v. Christopher J. Hill. CCA 38979.

No. 18-0001/AR. U.S. v. Robert S. Stites, Jr. CCA 20160358.

 

Petitions for New Trial Filed

 

No. 17-0610/AF. U.S. v. Matthew Thomas. CCA 38977. Notice is hereby given that a petition for new trial was filed under Rule 29 on this date. Appellant will file a brief under Rule 29(c) in support of said petition on or before the 4th day of December, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, November 2, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0034/AR. U.S. v. John M. Russell. CCA 20130463.

 

Appeals Summary Dispositions

 

No. 17-0200/AR. U.S. v. Carlos A. Gonzalez-Gomez. CCA 20121100. On further consideration of the granted issue, 76 M.J. 174 (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). In this review, the Court of Criminals Appeals will specifically address the following issue:

 

IN LIGHT OF THE FACT THAT THE COURT OF CRIMINAL APPEALS ISSUED ITS INITIAL OPINION OUTSIDE OF THE TIMEFRAME ESTABLISHED IN UNITED STATES v. MORENO, 63 M.J. 129 (C.A.A.F. 2006), AND ONE DAY AFTER APPELLANT WAS RELEASED FROM CONFINEMENT ON PAROLE, DID THE 180-DAY REDUCTION IN THE ADJUDGED SENTENCE OF CONFINEMENT AFFORD APPELLANT MEANINGFUL RELIEF FOR THE DILATORY POST-TRIAL PROCESSING?

 

No. 17-0507/AR. U.S. v. Orval W. Gould, Jr. CCA 20120727. On further consideration of Appellant's certificate for review and the briefs of the parties, it is ordered that the first and second certified issues are answered in the negative, and therefore, no answer is provided to the third certified issue because to do so would require issuing an advisory opinion. The decision of the United States Army Court of Criminal Appeals is affirmed.

 

Interlocutory Orders

 

No. 17-0592/AR. U.S. v. Angel M. Sanchez. CCA 20140735. Appellant's motion to consider matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 1, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0033/AR. U.S. v. Marion L. Edwards III. CCA 20170222.

 

Petitions for Grant of Review Denied

 

No. 17-0587/CG. U.S. v. Jacob W. Decker. CCA 1436.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0579/MC. U.S. v. Michael R. Tinsley. CCA 201600083. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals and in light of United States v. Walters, 58 M.J. 391 (C.A.A.F. 2003), it is ordered that said petition is hereby granted, and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed, except for the words, "one kennel," in Specification 1 of the Charge. The finding of guilty as to the excepted words is set aside and those excepted words are dismissed.

 

Miscellaneous Docket - Summary Dispositions

 

No. 18-0016/MC. Kevin J. Delaney, Petitioner v. In their official capacities as appellate judges of the United States Navy-Marine Corps Court of Criminal Appeals, Colonel Kevin S. Woodard, USMC, Lead Judge; Commander Anne Marks, USN, Senior Judge; Commander Marcus Fulton, USN; et al. United States Navy-Marine Corps Court of Criminal Appeals, Respondents. On consideration of the petition for extraordinary relief in the nature of an immediate release from confinement and writ of mandamus to expedite appellate review of Petitioner's case, it is ordered that the petition for extraordinary relief is hereby denied.

 

Interlocutory Orders

 

No. 18-0031/NA. U.S. v. Marvin C. Dias. CCA 201500177. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 20, 2017.

 

No. 18-0032/AF. U.S. v. Leonardo Aguirre Obregon. CCA 39005. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 20, 2017.

 

Petitions for Reconsideration Denied

 

No. 17-0560/AR. U.S. v. Kory D. Mann. CCA 20160335. On consideration of Appellant's petition for reconsideration of this Court's order issued October 16, 2017, it is ordered that the petition for reconsideration is hereby denied.

 

No. 17-0581/AR. U.S. v. Paul T. White III. CCA 20160794. On consideration of Appellant's petition for reconsideration of the Court's order issued October 6, 2017, it is ordered that the petition for reconsideration is hereby denied.

 

Court Closure

 

By order of the Chief Judge, the United States Court of Appeals for the Armed Forces will be closed all day on Friday, November 24, 2017. For purposes of computation of time and motions to enlarge time under the Court's Rules of Practice and Procedure, November 24, 2017, will be considered a day when the Court is closed.



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