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),
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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