UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 11, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0097/AR. U.S. v. Jerome D. Carson. CCA 20160812.

No. 18-0098/AR. U.S. v. Gabriel C. Garcia. CCA 20130660.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 10, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0096/AF. U.S. v. Zachary J. Johnston. CCA 39075.

 

Petitions for Grant of Review Denied

 

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

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

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0254/AR. U.S. v. Michael D. Thompson. CCA 20140974. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and in light of United States v. Guardado, ___ M.J. ___ (C.A.A.F. Dec. 12, 2017), it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED IN CONCLUDING THAT THE ERRONEOUS ADMISSION OF CHARGED OFFENSES TO PROVE OTHER CHARGED OFFENSES UNDER MIL.R.EVID. 413 WAS HARMLESS BEYOND A REASONABLE DOUBT.

 

The decision of the United States Army Court of Criminal Appeals is reversed as to Charge I and the specifications thereunder and the sentence. The findings of guilty as to Charge I and its specifications and the sentence are set aside. The remaining findings are affirmed. The record is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court may order a rehearing on Charge I and its specifications and the sentence.

 

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

 

WHETHER THE COURT OF CRIMINAL APPEALS ERRED WHEN IT DENIED APPELLANT'S MOTION FOR RECONSIDERATION BEFORE ACTING ON APPELLANT'S PETITION FOR A NEW TRIAL WHICH WAS PROPERLY REFERRED TO IT UNDER ARTICLE 73, UCMJ.

 

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 submission of the petition for new trial to that court.

 

Appeals - Summary Dispositions

 

No. 17-0323/AR. U.S. v. Antonio T. Moore. CCA 20140875. On consideration of the granted issue, 76 M.J. 409 (C.A.A.F. 2017), the judgment of the United States Army Court of Criminal Appeals, United States v. Moore, No. 20140875 (A. Ct. Crim. App. Mar. 23, 2017) (unpublished), and the judgment of this Court in United States v. Guardado, __ M.J. __ (C.A.A.F. Dec. 12, 2017), we conclude that Appellant is not entitled to have the finding as to Specification 1 of Additional Charge I set aside. Given the strength of the Government's case, which included compelling victim and eyewitness testimony, the evidence of Appellant's guilt was overwhelming, allowing us to "rest assured that an erroneous propensity instruction did not contribute to the verdict by 'tipp[ing] the balance in the members' ultimate determination.'" Guardado, __ M.J. at __ (7) (quoting United States v. Hills, 75 M.J. 350, 358 (C.A.A.F. 2016)). Therefore, it is ordered that the judgment of the United States Army Court of Criminal Appeals is hereby affirmed.

 

No. 17-0495/MC. U.S. v. Benjamin D. Luna. CCA 201500423. On consideration of the granted issue, 76 M.J. 477 (C.A.A.F. 2017), the judgment of the United States Navy-Marine Corps Court of Criminal Appeals, United States v. Luna, No. 201500423 (N-M. Ct. Crim. App. May 9, 2017) (unpublished), and the judgment of this Court in United States v. Guardado, __ M.J. __ (C.A.A.F. Dec. 12, 2017), we conclude that the military judge's erroneous propensity instruction was harmless beyond a reasonable doubt—"it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." Mitchell v. Esparza, 540 U.S. 12, 17–18 (2003). The victim's testimony was corroborated by witness testimony and incriminating text messages written by Appellant that implied he was at fault and could be jailed for his actions. In light of such overwhelming evidence, we are convinced that Appellant was convicted on the strength of the evidence alone. See Guardado, __ M.J. at __ (7).Therefore, it is ordered that the judgment of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

 

NOTICES

 

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

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

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

No. 17-0504/AF. U.S. v. Hank W. Robinson. CCA 38942.

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).

 

Hearings

 

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 9, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0095/AR. U.S. v. Travis S. Weber. CCA 20160536.

 

Petitions for Grant of Review Denied

 

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

 

Interlocutory Orders

 

No. 17-0476/AF. U.S. v. David C. Carpenter II. CCA 38995. On consideration of Appellee's motion to unseal material under Mil. R. Evid. 412, it is ordered that the motion to unseal all material previously sealed under Mil. R. Evid. 412 is denied, and the motion in the alternative to allow the parties to discuss sealed material during argument is granted in part, limited to so much of the material that does not include the disclosure of the child victim's name at oral argument.

 

No. 18-0068/AR. U.S. v. Noricole Y. Hanson. CCA 20160646. On consideration of Appellant's motion for leave to file a pleading out of time and motion to extend to file the supplement to the petition for grant of review, it is ordered that the motions are hereby granted. Appellant will file the supplement to the petition for grant of review on or before January 17, 2018.

 

Hearings

 

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 8, 2018

 

Interlocutory Orders

 

No. 18-0064/AF. U.S. v. Brandon J. Allen. CCA 39043. Appellant's third motion to extend time to file the supplement to the petition for grant of review granted to January 16, 2018.

 

Petitions for Reconsideration Denied

 

No. 17-0429/AF. U.S. v. Clarence Anderson III. CCA 39023. Appellant's petition for reconsideration of the Court's order issued October 11, 2017 is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 5, 2018

 

Petitions for Grant of Review Denied

 

No. 18-0063/AR. U.S. v. John W. Loniak. CCA 20150835.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 4, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0094/MC. U.S. v. Artem V. Kokuev. CCA 201700219.

 

Petitions for Grant of Review Denied

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 3, 2018

 

Interlocutory Orders

 

No. 18-0073/NA. U.S. v. Sean L. Motsenbocker. CCA 201600285. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to January 11, 2018.

 

No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 18, 2018.

 

No. 18-0093/AR. U.S. v. Nels F. Jackson. CCA 20120159. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 22, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 2, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0092/MC. U.S. v. Robert D. Stewart. CCA 201700191.

No. 18-0093/AR. U.S. v. Nels F. Jackson. CCA 20120159.

 

Petitions for Grant of Review Denied

 

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



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