UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 29, 2017

 

Petitions for Grant of Review Filed

 

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

No. 17-0612/CG. U.S. v. Charles P. Gruelich. CCA 1437.

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

No. 17-0614/AR. U.S. v. Dale Gagnon. CCA 20130210.

 

Petitions for Grant of Review Denied

 

No. 17-0565/AR. U.S. v. David V. Ortiz, Jr. CCA 20160530.

No. 17-0566/NA. U.S. v. Joseph A. Kerbein. CCA 201700126.

No. 17-0567/AR. U.S. v. Brian M. Andrews. CCA 20160542.

 

Interlocutory Orders

 

No. 17-0575/AR. U.S. v. Marcus C. Daniels. CCA 20140538. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), is granted.

 

No. 17-0608/AR. U.S. v. Randy E. Jones. CCA 20150370. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 17, 2017.

 

No. 17-0609/AF. U.S. v. Leon A. Brown IV. CCA 38864. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 18, 2017.

 

No. 17-0610/AF. U.S. v. Matthew Thomas. CCA 38977. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 18, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 28, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0609/AF. U.S. v. Leon A. Brown IV. CCA 38864.

No. 17-0610/AF. U.S. v. Matthew Thomas. CCA 38977.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, September 27, 2017

 

Petitions for Grant of Review Filed

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, September 26, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0607/AR. U.S. v. Christopher A. Hawkins. CCA 20160318.

 

Petitions for Grant of Review Denied

 

No. 17-0562/AR. U.S. v. Shawn T. Pierce. CCA 20160412.

 

Interlocutory Orders

 

No. 17-0602/MC. U.S. v. James L. Plagmann. CCA 201600396. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 16, 2017.

 

No. 17-0603/AR. U.S. v. John-Brian Hughes. CCA 20130783. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 16, 2017.

 

No. 17-0604/AR. U.S. v. Christopher E. Christensen. CCA 20140372. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 16, 2017.

 

No. 17-0606/AF. U.S. v. David W. Bruno. CCA 2017-03. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 16, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, September 25, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0602/MC. U.S. v. James L. Plagmann. CCA 201600396.

No. 17-0603/AR. U.S. v. John-Brian Hughes. CCA 20130783.

No. 17-0604/AR. U.S. v. Christopher E. Christensen. CCA 20140372.

No. 17-0605/AR. U.S. v. Erik J. Burris. CCA 20150047.

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

 

Petitions for Grant of Review Denied

 

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

No. 17-0538/AR. U.S. v. Jeff A. Godfrey. CCA 20150400.

No. 17-0554/AR. U.S. v. Marlin P. Shupp, Jr. CCA 20160079.

No. 17-0555/AF. U.S. v. Tyler E. Czyz. CCA S32456.

No. 17-0557/AF. U.S. v. Matthew L. Copeland. CCA 39102.

No. 17-0558/AR. U.S. v. Maranatha Leifi. CCA 20160678.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 22, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0601/AR. U.S. v. Karina Flores-Santos. CCA 20140066.

 

Interlocutory Orders

 

No. 17-0482/AF. U.S. v. Kenneth W. Frank, Jr. CCA 38854. Appellant's motion to extend time to file a brief granted to October 10, 2017.

 

No. 17-0580/AF. U.S. v. Edward T. Hudson. CCA 37249. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to October 10, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 21, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0600/MC. U.S. v. Andrew J. Muller. CCA 201600294.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, September 20, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0599/AR. U.S. v. Clint A. Lorance. CCA 20130679.

 

Petitions for Grant of Review Denied

 

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

No. 17-0548/AR. U.S. v. Pierre C.T. Scott. CCA 20150157.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, September 19, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0598/AR. U.S. v. James J. Braithwaite. CCA 20160151.

 

Mandates Issued

 

No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, September 18, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0597/AF. U.S. v. Emad H. Abdullah. CCA S32432.

 

Petitions for Grant of Review Denied

 

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

No. 17-0542/AR. U.S. v. Damon Allender. CCA 20160291.

 

Miscellaneous Docket - Filings

 

No. 17-0596/AR. Ronald Gray, Appellant v. United States, Appellee. CCA 20160775. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date.

 

Interlocutory Orders

 

No. 17-0571/AR. U.S. v. Erik J. Carter. CCA 20150592. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to September 28, 2017.

 

No. 17-0595/AF. U.S. v. Husein G. Khan. CCA 38962. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 5, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 15, 2017

 

Petitions for Grant of Review Filed

 

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

No. 17-0595/AF. U.S. v. Husein G. Khan. CCA 38962.

 

Petitions for Grant of Review Denied

 

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

No. 17-0529/NA. U.S. v. Darrius D. Upshaw. CCA 201600053. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition be, and the same is hereby denied without prejudice to Appellant's right to re-file another petition for grant of review after the Court of Criminal Appeals has completed its review under Article 66, UCMJ.

 

Interlocutory Orders

 

No. 17-0392/AF. U.S. v. Robert A. Condon. CCA 38765. Appellant's second motion to extend time to file a brief is granted to October 2, 2017.

 

No. 17-0591/AR. U.S. v. Joseph C. Bozicevich, Jr. CCA 20110683. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 4, 2017.

 

No. 17-0592/AR. U.S. v. Angel M. Sanchez. CCA 20140735. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 4, 2017.

 

NOTICE

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. With respect to the Court's notice of September 7, 2017, concerning Senior Judge Walter T. Cox III's performing judicial duties in the case of U.S. v. Timothy B. Hennis, No. 17-0263/AR, the duties to be performed by Senior Judge Cox are limited to the disposition of the consolidated motion scheduled to be heard by the Court on October 10, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 14, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0590/AR. U.S. v. John W. Loniak. CCA 20150835.

No. 17-0591/AR. U.S. v. Joseph C. Bozicevich, Jr. CCA 20110683.

No. 17-0592/AR. U.S. v. Angel M. Sanchez. CCA 20140735.

No. 17-0593/AR. U.S. v. Quantavious Thomas. CCA 20160356.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, September 13, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0544/AF. U.S. v. Austin J. Mull. CCA S32367.

No. 17-0545/MC. U.S. v. Mark A. Thompson. CCA 201300425.

No. 17-0546/AF. U.S. v. Nathaniel L. Penalosa. CCA 38949.

 

Interlocutory Orders

 

No. 17-0476/AF. U.S. v. David C. Carpenter II. CCA 38995. Appellee's motion to file a brief under seal is granted.

 

No. 17-0588/AR. U.S. v. Marcell T. Bunch. CCA 20160197. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 2, 2017.

 

No. 17-0589/AF. U.S. v. Christopher J. Hill. CCA 38979. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 2, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, September 11, 2017

 

Petitions for Grant of Review Filed

 

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

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

 

Petitions for Grant of Review Denied

 

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

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

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

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

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

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

 

Interlocutory Orders

 

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. On consideration of Appellant's pro se pleading, which was construed as a motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), out of time, it is ordered that the motion is hereby denied.

 

No. 17-0587/CG. U.S. v. Jacob W. Decker. CCA 1436. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 28, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 8, 2017

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 7, 2017

 

Interlocutory Orders

 

No. 17-0586/AF. U.S. v. Joshua J. Trebon. CCA 38961. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review and motion to correct errata, it is ordered that the motions are hereby granted, and Appellant will file a supplement to the petition for grant of review on or before September 26, 2017.

 

NOTICES

 

No. 17-0183/AR. U.S. v. Alan S. Guardado. CCA 20140014.

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304.

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

No. 17-0408/AR. U.S. v. Erik P. Jacobsen. CCA 20160786.

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

In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Walter T. Cox III to perform judicial duties in the above-referenced cases, and that Senior Judge Cox has consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2012).

 

No. 17-0187/AR. U.S. v. Brian G. Short. CCA 20150320.

No. 17-0200/AR. U.S. v. Carlos A. Gonzalez-Gomez. CCA 20121100.

No. 17-0208/CG. U.S. v. John C. Riesbeck. CCA 1374.

No. 17-0265/CG. U.S. v. Colby C. Bailey. CCA 1428.

In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Charles E. Erdmann to perform judicial duties in the above-referenced cases, and that Senior Judge Erdmann has consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2012).

 

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

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

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.

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

In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above-referenced cases, and that Senior Judge Effron has consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2012).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, September 6, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0585/AR. U.S. v. Adrian E. Durazo. CCA 20160639.

No. 17-0586/AF. U.S. v. Joshua J. Trebon. CCA 38882.

 

Interlocutory Orders

 

No. 17-0525/AR. No. 17-0502/AR. Ronald Gray, Appellant v. United States, Appellee. CCA 20160775. On consideration of Appellee's motion to consolidate Docket No. 17-0502/AR with Docket No. 17-0525/AR, to construe the overlength petition for extraordinary relief in coram nobis in Docket No. 17-0502/AR as a writ-appeal petition, and to extend time to file an answer to the consolidated petitions in Docket Nos. 17-0502/AR and 17-0525/AR, of Appellant's writ-appeal petition in Docket No. 17-0525/AR and Appellee's answer to said writ-appeal petition, and of Appellant's motion for leave to file an overlength petition in Docket No. 17-0502/AR, it is ordered that the motion to consolidate Docket No. 17-0502/AR and Docket No. 17-0525/AR is hereby granted. Docket No. 17-0502/AR is removed from this case and will not be used on any other case. Henceforth, Docket No. 17-0525/AR will be used on all future documents filed in this case.

 

The motion to construe the overlength petition for extraordinary relief in coram nobis in Docket No. 17-0502/AR as a writ-appeal petition, having now been consolidated with the writ-appeal in Docket No. 17-0525/AR, is hereby granted.

 

That the Court will not consider the current writ-appeal filed in Docket No. 17-0525/AR.

 

That the motion to file an overlength petition in Docket No. 17-0502/AR is hereby denied and the Court will not consider that pleading. This denial is limited to the length, not the merits of the overlength pleading and is therefore without prejudice to Appellant refiling a single, consolidated writ-appeal petition in Docket No. 17-0525/AR that complies with Rule 24(b) of the Court's Rule of Practice and Procedure.

 

The motion for an extension of time to file an answer is hereby denied as moot.

 

Appellant shall file a consolidated writ-appeal petition not later than 10 days from the date of this order. Appellee may file an answer within 10 days after the filing of the writ-appeal petition. Appellant may file a reply within 5 days after the filing of Appellee's answer.

 

* Judge Ohlson is recused and did not participate in this case.

 

No. 17-0534/AR. U.S. v. Matthew M. Smith. CCA 20150254. Appellant's motion to consider matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), is granted.

 

No. 17-0579/MC. U.S. v. Michael R. Tinsley. CCA 201600083. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 25, 2017.

 

No. 17-0580/AF. U.S. v. Edward T. Hudson. CCA 37249. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 25, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, September 5, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0579/MC. U.S. v. Michael R. Tinsley. CCA 201600083.

No. 17-0580/AF. U.S. v. Edward T. Hudson. CCA 37249.

No. 17-0581/AR. U.S. v. Paul T. White III. CCA 20160794.

No. 17-0582/AR. U.S. v. Rex A. Wilhite. CCA 20160470.

No. 17-0583/AF. U.S. v. Jeremiah L. McKay. CCA S32397.

No. 17-0584/AR. U.S. v. Antonio Soto. CCA 20150693.

 

Petitions for Grant of Review Denied

 

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

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

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

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

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

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

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

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

No. 17-0539/AF. U.S. v. Timothy M. Liebig. CCA S32444.

 

Mandates Issued

 

No. 17-0049/MC. U.S. v. Tanner J. Forrester. CCA 201500295.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 1, 2017

 

Petitions for Grant of Review Denied

 

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

 

Interlocutory Orders

 

No. 17-0550/AR. U.S. v. Montrell L. Mayo. CCA 20140901. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to September 20, 2017.

 

No. 17-0561/AF. U.S. v. Jonathan B. Stump, Jr. CCA 39081. Appellant's motion to attach is granted.

 

In the Matter of the Rules Advisory Committee

 

Pursuant to Rule 45 of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, the following persons are, this 1st day of September, 2017, hereby appointed as members of the Rules Advisory Committee, effective October 1, 2017:

 

Mr. William A. DeCicco, Esq. is hereby appointed as member of the Rules Advisory Committee for a term expiring on September 30, 2020. Professor Matthew G. Kaiser and Rebecca S. Snyder, Esq., are hereby reappointed as members for a term also expiring on September 30, 2020.

 

The following members, whose terms expire on the dates indicated below, remain on the Rules Advisory Committee:

 

To expire on September 30, 2018:

Dwight H. Sullivan, Esq.

Thomas E. Booth, Esq.

Malcolm Squires, Esq.

 

To expire on September 30, 2019:

Professor Steven H. Goldblatt, Chair

Michelle Lindo McCluer, Esq.

James E. McPherson, Esq.

 

Mr. Joseph R. Perlak, Clerk of the Court, is an ex officio member of the Committee, and serves as its Reporter.



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