UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-237
Friday, August 30,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0611/AR. U.S. v. Perry E. ZENON. CCA 20120786.
No. 13-0665/AR. U.S. v. James D. BOGUSKE. CCA 20120727.
No. 13-0667/AR. U.S. v. Bradley R. MEHRMAN. CCA 20110800.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 11-0567/AR. U.S. v. Eric L. NORDIN. CCA 20090044.*
No. 13-0732/AR. U.S. v. Daniel L. SMITH. CCA 20120513.
No. 13-0733/AR. U.S. v. Daniel C.
ARIZMENDI. CCA
20110966.
INTERLOCUTORY
ORDERS
No. 11-0567/AR. U.S. v. Eric L. NORDIN. CCA 20090044. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 19, 2013.
No. 13-0504/AF. U.S. v. Matthew B.
MCKEEVER. CCA
38026. On consideration of Appellant's
motion to attach consent to withdraw case still subject to service court review,
it is ordered that said motion is hereby denied without prejudice to filing a
motion to withdraw the petition for grant of review that complies with Rules
21(f) and 30.
No. 13-0509/AF. U.S. v. Benjamin J.
SIZEMORE. CCA
38020. On consideration of Appellant's
motion to attach consent to withdraw case still subject to service court
review, it is ordered that said motion is hereby denied without prejudice to
filing a motion to withdraw the petition for grant of review that complies with
Rules 21(f) and 30.
No. 13-0733/AR. U.S. v. Daniel C. ARIZMENDI. CCA 20110966. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 18, 2013.
_______________________________
* Second petition filed in this case.
ANNOUNCEMENT
BY
THE CLERK OF THE COURT
OF
THE CUMULATIVE SUMMARY OF
COURT
WORKLOAD STATISTICS
FOR
THE SEPTEMBER 2012 TERM OF COURT
I. CUMULATIVE
PENDING SEPTEMBER 1, 2012
Master
Docket . . . . . . . . . . . . . . .
23
Petition
Docket . . . . . . . . . . . . . . 69
Miscellaneous
Docket. . . . . . . . . . . . 4
TOTAL
. . . . . . . . . . . . . . . . .
96
II. CUMULATIVE FILINGS
Master
Docket . . . . . . . . . . . . . . .
117
Petition
Docket . . . . . . . . . . . . . . 806
Miscellaneous
Docket. . . . . . . . . . . . 41
TOTAL
. . . . . . . . . . . . . . . . .
964
III. CUMULATIVE TERMINATIONS
Master
Docket . . . . . . . . . . . . . . .
112
Petition
Docket . . . . . . . . . . . . . . 744
Miscellaneous
Docket. . . . . . . . . . . . 44
TOTAL
. . . . . . . . . . . . . . . . .
900
IV. CUMULATIVE PENDING SEPTEMBER
1, 2013
Master
Docket . . . . . . . . . . . . . . .
28
Petition
Docket . . . . . . . . . . . . . . 131
Miscellaneous
Docket. . . . . . . . . . . . 1
TOTAL
. . . . . . . . . . . . . . . . . 160
V. CASES
ON MASTER DOCKET CARRIED OVER TO THE
SEPTEMBER
2013 TERM OF COURT (28)
AWAITING
ORAL ARGUMENT OR FINAL DISPOSITION (21)
(INCLUDES TRAILER CASES)
11-0280/AR
- WINCKELMANN
12-0428/MC
- MCGUIRE
13-0196/MC
- HICKERSON
13-0213/MC
- SANDERS
13-0241/MC
- PEARCE
13-0268/MC
- PACHECO
13-0269/MC
- TIGER
13-0283/AF
- MERRITT
13-0329/AR
– MCKIM-BURWELL
13-0332/MC
- BATCHELDER
13-0345/AF
- PAYNE
13-0348/AR
- MOSS
13-0352/MC
- ARNOLD
13-0353/AF
- FINCH
& 13-5007/AF
13-0435/AR
– WARNER
13-0444/MC
– MYRICK
13-0445/MC
– ELLIS
13-0513/MC
– TYLER
13-0536/AR
– MOON
13-5008/AF
– ARRIAGA
13-6004/AF
- WICKS
AWAITING
BRIEFS (7)
13-0408/MC
- BAILEY
13-0459/AR
- MEAD
13-0512/AF - KNAPP
13-0518/AF
- PASSUT
13-5009/AF
- LINDGREN
13-5010/AR
- HINES
13-7001/AR
- AKBAR
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-236
Thursday, August 29,
2013
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0510/AF. U.S. v. Christopher S.
FERRIS. CCA 37885. On consideration of the petition for grant of
review of the decision of the United States Air Force Court of Criminal
Appeals, and Appellant's motion to supplement the record, motion to file a
supplemental issue, and motion to withdraw the petition for grant of review, it
is ordered that Appellant's motion to supplement the record and motion to
withdraw the petition for grant of review are hereby denied, and that
Appellant's motion to file a supplemental issue is hereby granted, and said
petition is hereby granted on the following issue:
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0730/AR. U.S. v. David J. POGGIOLI. CCA 20110656.
No. 13-0731/AR. U.S. v. Edward J. SMITH. CCA 20110418.
PETITIONS
FOR RECONSIDERATION DENIED
No. 13-5005/AF. United States, Appellant v. Patrick CARTER. CCA 37715. On consideration of Appellant's petition for
reconsideration of the Court's order issued on August 2, 2013, it is ordered
that said petition for reconsideration is hereby denied.
INTERLOCUTORY
ORDERS
No. 12-0414/AR. U.S. v. David G. SPICER,
Jr. CCA 200900608. Appellant's motion to extend time to file the
supplement granted to September 17, 2013.
No. 13-0654/AF. U.S. v. Jared R. BURDIN. CCA 38033.
Appellant's motion to attach documents is
denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-235
Wednesday, August 28, 2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0414/AR. U.S. v. David G. SPICER,
Jr. CCA 200900608.*
No. 13-0729/AR. U.S. v. Dean T. BULLOCK. CCA 20121078.
INTERLOCUTORY
ORDERS
No. 12-0524/AR. U.S. v. Bruce L. KELLY. CCA 20090809. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted.
No. 13-0724/AR. U.S. v. Michael G. TOVAR. CCA 20120015. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 16, 2013.
No. 13-5010/AR. U.S. v. Shawn M. HINES. CCA 20120024. Appellant's
motion for leave to file a joint appendix is granted.
_______________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-234
Tuesday, August 27, 2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0657/AR. U.S. v. Mark P. HUNT. CCA 20110604.
No. 13-0658/AR. U.S. v. Philip B. HUNT. CCA 20121155.
No. 13-0659/AR. U.S. v. Derek J. FORIT. CCA 20110537.
No. 13-0661/AF. U.S. v. Joshua J. LUI. CCA S32104.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0524/AR. U.S. v. Bruce L. KELLY. CCA 20090809.*
No. 13-0727/AR. U.S. v. Larry W. REED, Jr. CCA 20120589.
No. 13-0728/AR. U.S. v. Reshard
D. GOUGIS.
CCA
20120391.
_______________________________
* Second
petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-233
Monday, August 26,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0722/AF. U.S. v. William H.
DAVENPORT. CCA S32005.
No. 13-0723/AR. U.S. v. Dwayne T. BROWN. CCA 20100916.
No. 13-0724/AR. U.S. v. Michael G. TOVAR. CCA 20120015.
No. 13-0725/AF. U.S. v. Travis L. MCBRIDE. CCA 38109.
No. 13-0726/AF. U.S. v. Winston A. GORDON,
Jr. CCA S32008.
INTERLOCUTORY
ORDERS
No. 13-0718/NA. U.S. v. Mauricio R.
DELGADO. CCA 201200473. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 12, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-232
Friday, August 23,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0655/AR. U.S. v. Luis A. ORTIZ. CCA 20110335.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0718/NA. U.S. v. Mauricio R.
DELGADO. CCA 201200473.
No. 13-0719/AR. U.S. v. Michael O. HARROLD. CCA 20110709.
No. 13-0720/AR. U.S. v. Joshua J. FULTON. CCA 20120432.
No. 13-0721/AF. U.S. v. Zachary L. ODONNAL. CCA S32113.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-231
Thursday, August 22,
2013
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0513/MC. U.S. v. Levon TYLER. CCA 201200327.
Review granted on the following issue:
AN ACCUSED HAS A CONSTITUTIONAL
RIGHT TO AN IMPARTIAL JUDGE. WITHIN
MONTHS OF PRESIDING OVER APPELLANT'S COURT-MARTIAL, THE MILITARY JUDGE MADE
SEVERAL STATEMENTS TO A GROUP OF MARINE OFFICERS REFLECTING HIS PARTIALITY,
SAYING THAT DEFENDANTS ARE GUILTY, REFERRING TO DEFENDANTS AS
"SCUMBAGS" AND MEMBERS AS "KNUCKLE-DRAGGERS AND MORONS"
THAT HE "DESPISED," AND THAT
DEFENDANTS NEEDED TO BE "CRUSHED."
THE MILITARY JUDGE'S COMMENTARY PUT INTO DOUBT THE FAIRNESS AND
IMPARTIALITY OF APPELLANT'S COURT-MARTIAL.
No briefs will be
filed under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0629/AR. U.S. v. Derek J. ANDRULAT. CCA 20120460.
No. 13-0650/AF. U.S. v. Julian M. FUENTES. CCA S32103.
No. 13-0651/AR. U.S. v. John T. TRAVIS. CCA 20120608.
No. 13-0653/AR. U.S. v. Johnell JOLIVETTE. CCA 20120938.
PETITIONS
FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 13-0593/AR. U.S. v. Osborn F. EDWARDS. CCA 20100399. On
consideration of Appellee's
motion to dismiss the petition for grant of review and motion to extend time to
file an answer to the supplement to the petition for grant of review, it is ordered that said motion to dismiss the petition for grant
of review is hereby granted without prejudice, and
that said motion to
extend time to file an answer to the supplement to the petition for grant of
review is hereby denied as moot.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0716/AR. U.S. v. Michael S. CLARK. CCA 20120364.
No. 13-0717/AF. U.S. v. Zachary R. LYNCH. CCA 38094.
INTERLOCUTORY
ORDERS
No. 13-0127/MC. U.S. v. Preston D. WALKER. CCA 201100463. Appellant's motion for leave to file a second
petition for reconsideration out of time is denied.
No. 13-0459/AR. U.S. v. Rollan D. MEAD. CCA 20110717. Appellant's motion to extend time to file a brief
granted, but only up to and including
August 30, 2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 13-0619/NA. U.S. v. Gabriel A. MORA. CCA 201200335. On consideration of Appellant's motion to stay
the filing of the supplement to the petition for grant of review, motion to
supplement the record, motion to remand to the United States Navy-Marine Corps
Court of Criminal Appeals, and motion for leave to file replies to government's
opposition to Appellant's motions, it is ordered that said motions are hereby
denied without prejudice to raising the issues in the supplement to the
petition for grant of review. Appellant
will file a supplement to the petition for grant of review on or before August
29, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-230
Wednesday, August 21,
2013
APPEALS - SUMMARY
DISPOSITIONS
No. 13-0502/AF. U.S. v. Sebastian P.
LABELLA. CCA 37679. Review granted on
the following issues:
I. WHETHER
APPELLANT'S CONVICTION FOR SPECIFICATION 1 OF THE ARTICLE 134 CLAUSE 1 AND 2
CHARGE MUST BE SET ASIDE BECAUSE THE VERDICT OF GUILT RESTED ON CONDUCT THAT
WAS CONSTITUTIONALLY PROTECTED BECAUSE AT LEAST 6 OF THE IMAGES DID NOT DEPICT
A LASCIVIOUS EXHIBITION OF THE GENITALS OR PUBIC AREA.
II. WHETHER THE MILITARY JUDGE ERRED IN INSTRUCTING
THE MEMBERS THAT IN ORDER TO FIND APPELLANT GUILTY OF POSSESSION OF VISUAL
DEPICTIONS OF MINORS ENGAGING IN SEXUALLY EXPLICIT CONDUCT IN VIOLATION OF
ARTICLE 134, CLAUSE 1 AND 2, THE IMAGES MUST BE OF A CHILD UNDER THE AGE OF 18,
INSTEAD OF UNDER THE AGE OF 16 AS THE UCMJ
DEFINES A CHILD.
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 consideration of Issue I in light of United States v. Barberi, 71 M.J. 127 (C.A.A.F. 2012), and to address Issue II raised for the
first time before this Court.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0533/AR. U.S. v. Darrick GARNER. CCA 20100684.
No. 13-0623/AR. U.S. v. Angel L. RIVERA. CCA 20120083.
No. 13-0643/AR. U.S. v. Erik D. JENKINS. CCA 20110673.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0711/AR. U.S. v. Colt M. SMITH. CCA 20110398.
No. 13-0712/AR. U.S. v. Arthur L. ROBERSON. CCA 20120498.
No. 13-0713/AR. U.S. v. Davuale
B. WILLIAMS. CCA 20121064.
No. 13-0714/AR. U.S. v. James B. GIBSON. CCA 20120032.
No. 13-0715/AF. U.S. v. Andrew P. WITT. CCA 36785.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-229
Tuesday, August 20,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0648/AR. U.S. v. Todd R. HUNT II. CCA 20120828.
INTERLOCUTORY
ORDERS
No. 13-0620/AR. U.S. v. Cavin
B. MCKEN.
CCA
20121019. Appellant's motion for
leave to file the supplement to the petition for grant of review out of time
granted.
No. 13-0701/MC. U.S. v. Justin D. LOYA. CCA 201200436.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to September 9,
2013.
No. 13-0702/AR. U.S. v. Douglas A. ALLEN
IV. CCA 20110584. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 9, 2013.
No. 13-0704/AR. U.S. v. Theodore HINOJOSA. CCA 20110735. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 9, 2013.
No. 13-0705/AF. U.S. v. Robert F. LINDSEY. CCA 37894. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 9, 2013.
No. 13-0706/AF. U.S. v. Joshua M. O'FARRELL. CCA 37630. Appellant's
motion to extend time to file the supplement to the petition for grant of review
granted to September 9, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-228
Monday, August 19,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 10-0659/AF. U.S. v. Garland R. STEWART. CCA S31685.
No. 13-0493/AR. U.S. v. Benito NIEVESPABON. CCA 20100626.
No. 13-0532/AR. U.S. v. Christopher R.
WHITFIELD. CCA 20100002.
No. 13-0571/AR. U.S. v. Nolan R. MOGG. CCA 20100943.
No. 13-0572/AR. U.S. v. Donnie K. STEVENS,
Jr. CCA 20100708.
No. 13-0589/AR. U.S. v. Daudre
L. LEE. CCA 20120334.
No. 13-0597/AR. U.S. v. Bobby E. SHORT. CCA 20120160.
No. 13-0604/AR. U.S. v. Davuale
B. WILLIAMS. CCA 20110227.
No. 13-0612/AR. U.S. v. Jose A.
RODRIGUEZ-RODRIGUEZ. CCA 20120154.
No. 13-0641/AR. U.S. v. Joseph A.
HERNANDEZ. CCA 20111012.
No. 13-0646/AF. U.S. v. Michael J. ROY. CCA 38089.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0701/MC. U.S. v. Justin D. LOYA. CCA 201200436.
No. 13-0702/AR. U.S. v. Douglas A. ALLEN,
IV. CCA 20110584.
No. 13-0703/AR. U.S. v. Ruele
R. STRONG. CCA 20121045.
No. 13-0704/AR. U.S. v. Theodore HINOJOSA. CCA 20110735.
No. 13-0705/AF. U.S. v. Robert F. LINDSEY. CCA 37894.
No. 13-0706/AF. U.S. v. Joshua M. O'FARRELL. CCA 37630.
No. 13-0707/AF. U.S. v. John A. MCCRARY. CCA 38016.
No. 13-0708/AF. U.S. v. Corey L. PAYTON. CCA 37824.
No. 13-0709/MC. U.S. v. Kalleb
M. WILSON. CCA 201300122.
No. 13-0710/AF. U.S. v. Christopher A.
CUSHMAN. CCA 38216.
MANDATES
ISSUED
No. 13-0186/MC. U.S. v. Joseph B. SALYER. CCA 201200145.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-227
Friday, August 16,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0698/AF. U.S. v. Dexter D. GILLISON. CCA S32112.
No. 13-0699/AR. U.S. v. Roberto L. QUINONEZ. CCA 20110211.
No. 13-0700/AF. U.S. v. Christopher E. SELISKAR. CCA 38039.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-226
Thursday, August 15,
2013
APPEALS –
SUMMARY DISPOSITIONS
No. 13-0574/NA. U.S. v. Dearon
L. MAYBERRY. CCA 201200269.
On consideration of the petition for grant of review of the decision of
the United States Navy-Marine Corps Court of Criminal Appeals, we conclude that
Specifications 3 and 4 of Charge III should be consolidated into a single
specification. These specifications
alleging aggravated sexual assault were based on the same sexual act. During the court-martial, the parties and the
military judge agreed that the government alleged these specifications to meet
the exigencies of proof. Because the
panel returned guilty findings for both specifications and it was agreed that
these specifications were charged for exigencies of proof, it was incumbent on
the military judge — and subsequently the Navy-Marine Corps Court of Criminal
Appeals — either to consolidate the specifications or to dismiss a
specification as multiplicious. See United States v. Burris,
21 M.J. 82, 82 (C.M.A.
1985) (citing United States v. Morris, 18 M.J.
450 (C.M.A. 1984)).
Here, it is appropriate to consolidate the specifications to recite
explicitly the significant facts. See
United States v. Ramirez, 21 M.J.
353, 355 (C.M.A. 1986). Because the specifications have not been
consolidated, we will do so now. See
Burris, 21 M.J. at 82. However, because the military judge merged
these aggravated sexual assault specifications as one offense for sentencing
purposes and instructed the panel that it could only sentence Appellant for one
aggravated sexual assault offense, we are convinced he
was not prejudiced for sentencing. See
id. Accordingly, it is ordered that
said petition is granted on the following specified issue:
WHETHER SPECIFICATIONS 3 AND 4 OF CHARGE III
SHOULD BE CONSOLIDATED AS A SINGLE SPECIFICATION.
Specification 3 of Charge III is consolidated
with Specification 4 of Charge III as follows:
In that Lieutenant Dearon
L. Mayberry, U.S. Navy, USS KEARSARGE (LHD 3), on active duty did, on board the USS KEARSARGE (LHD 3), on or about 22
December 2010, cause Aviation Boatswain's Mate (Handling) Airman Recruit N.E.B., U.S. Navy, to engage in a sexual act, to wit:
contact between the said Lieutenant Mayberry's penis and the said Aviation
Boatswain's Mate (Handling) Airman Recruit N.E.B.'s
vulva, by placing her in fear of physical injury and by threatening that the
said Lieutenant Mayberry would use or abuse his military position, rank or
authority, to affect the military career of the said Aviation Boatswain's Mate
(Handling) Airman Recruit N.E.B.
The decision of the
United States Navy-Marine Corps Court of Criminal Appeals is affirmed as to
Charge III and the consolidated specification, the remaining findings, and the
sentence.
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0512/AF. U.S. v. Michael L. KNAPP
II. CCA 37718. Review granted on
the following issue:
WHETHER THE MILITARY
JUDGE (1) PLAINLY ERRED BY INITIALLY ALLOWING "HUMAN LIE DETECTOR"
TESTIMONY, (2) ABUSED HIS DISCRETION BY ALLOWING FURTHER ADMISSION OF "HUMAN
LIE DETECTOR" TESTIMONY, OVER DEFENSE OBJECTION, AND (3) ERRED BY NOT
PROVIDING A CURATIVE INSTRUCTION ON THE "HUMAN LIE DETECTOR" TESTIMONY.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0443/AR. U.S. v. Dustin R. HOGAN. CCA 20110172.
No. 13-0481/AR. U.S. v. Charles M. SAVAGE. CCA 20110495.
No. 13-0579/AF. U.S. v. Justin O. ILLING. CCA S31808.
No. 13-0590/AF. U.S. v. Leslie A. TORRANCE. CCA 37544.
No. 13-0592/AR. U.S. v. Jason R. SEJKORA. CCA 20110721.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0697/AR. U.S. v. Patrick R.
CRISWELL. CCA 20110560.
PETITIONS
FOR RECONSIDERATION DENIED
No. 12-0328/AR. U.S. v. Bret A. GLOWTH. CCA 20090925.
On consideration of Appellant's petition for
reconsideration of the Court's order issued on July 11, 2013, it is ordered that said petition for
reconsideration is hereby denied.
INTERLOCUTORY
ORDERS
No. 13-0696/AR. U.S. v. Phillip L. BARTIE. CCA 20111179.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to September 4,
2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-225
Wednesday, August 14, 2013
APPEALS -
SUMMARY DISPOSITIONS
No. 11-0104/AF. U.S. v. Edward T. HUDSON. CCA 37249. On consideration of the petition for
grant of review of the decision of the United States Air Force Court of
Criminal Appeals, and in view of United States v. Goings, 72 M.J. 202 (C.A.A.F. 2013), and United
States v. Gaskins, 72 M.J. 225 (C.A.A.F. 2013), it is ordered that said petition is granted
on the following issue:
WHETHER THE CHARGE
AND SPECIFICATION MUST BE DISMISSED IN ACCORDANCE WITH UNITED STATES v.
HUMPHRIES, 71 M.J. 209 (C.A.A.F.
2012), WHERE THE SPECIFICATION FAILS TO STATE AN OFFENSE AND THE GOVERNMENT
FAILED TO PROVIDE NOTICE OF THE MISSING ELEMENT DURING ITS CASE-IN-CHIEF.
* STUCKY, Judge (concurring
in the result):
I concur in the result.
* BAKER, Chief Judge (dissenting):
I would affirm based on my dissenting
opinions in United States v. Fosler, 70 M.J. 225, 240 (C.A.A.F. 2011)
(Baker, J., dissenting), and United States v. Humphries, 71 M.J. 209, 217 (C.A.A.F. 2012)
(Baker, C.J., dissenting).
No. 12-0026/AF. U.S. v. Charles L. WALTON. CCA 37664. On consideration of the petition for grant of
review of the decision of the United States Air Force Court of Criminal
Appeals, and in view of United States v. Goings, 72 M.J.
202 (C.A.A.F. 2013) and United States v. Gaskins,
72 M.J. 225 (C.A.A.F.
2013), it is ordered that said petition is hereby granted on the following
assigned issue:
APPELLANT'S ADULTERY SPECIFICATION UNDER
ARTICLE 134, UCMJ, FAILED TO ALLEGE ANY TERMINAL
ELEMENT. IN AFFIRMING HIS CONVICTION,
THE AIR FORCE COURT OF CRIMINAL APPEALS FOUND HE "IMPLICITLY" RECEIVED NOTICE
OF THE TERMINAL ELEMENT BECAUSE FACTS ELICITED BY THE PROSECUTION DURING DIRECT
EXAMINATION WERE RELEVANT TO THE TERMINAL ELEMENT OF PREJUDICIAL TO GOOD ORDER
AND DISCIPLINE. DOES "IMPLICIT NOTICE"
OF THIS KIND COMPORT WITH THE REQUIRED NOTICE PROVISIONS ENUNCIATED IN UNITED
STATES v. HUMPHRIES, 71 M.J.
209 (C.A.A.F. 2012)?
* STUCKY, Judge (concurring
in the result):
I concur in the result.
* BAKER, Chief Judge
(dissenting):
I would affirm based
on my dissenting opinions in United States v. Fosler,
70 M.J. 225, 240 (C.A.A.F.
2011) (Baker, J., dissenting), and United States v. Humphries, 71 M.J. 209, 217 (C.A.A.F. 2012)
(Baker, C.J., dissenting).
No. 13-0095/AR. U.S. v. Jeffrey W. SWARTZ. CCA 20091041. On further consideration of the granted issue, 72 M.J. 154 (C.A.A.F. 2013), and in
view of United States v. Goings, 72 M.J. 202 (C.A.A.F. 2013), it is ordered that the decision of the
United States Army Court of Criminal Appeals is reversed as to Charge II and
Specification 1 thereunder and the sentence. The finding of guilty to Charge II and
Specification 1 thereunder and the sentence are set
aside. The record of trial is hereby
returned to the Judge Advocate General of the Army. A rehearing is authorized. *
[See
also ORDERS GRANTING PETITION FOR REVIEW this date.]
* STUCKY, Judge (concurring
in the result):
I concur in the result.
* BAKER, Chief Judge
(dissenting):
I would affirm based
on the analysis of the United States Army Court of Criminal Appeals and my
dissenting opinions in United States v. Fosler,
70 M.J. 225, 240 (C.A.A.F.
2011) (Baker, J., dissenting, and United States v. Humphries, 71 M.J. 209, 217 (C.A.A.F. 2012)
(Baker, C.J., dissenting).
No. 13-0397/AF. U.S. v. Jerome A. JONES,
Jr. CCA 37528. On further
consideration of the granted issue, 72 M.J. 386
(C.A.A.F. 2013), and in view of United States v.
Goings, 72 M.J. 202 (C.A.A.F.
2013) and United States v. Gaskins, 72 M.J.
225 (C.A.A.F. 2013), it is ordered that the decision
of the United States Air Force Court of Criminal Appeals is reversed as to
Specification 1 of Charge III and the sentence.
The finding of guilty to Specification 1 of Charge III is set
aside. The remaining findings are affirmed. The record is returned to the Judge Advocate
General of the Air Force for remand to the Court of Criminal Appeals. That court may either
dismiss Specification 1 of Charge III and reassess the sentence based on
the affirmed findings, or it may order a rehearing on the affected charge and
the sentence. * [See also ORDERS GRANTING PETITION FOR
REVIEW this date.]
* STUCKY, Judge (concurring
in the result):
I concur in the result.
* BAKER, Chief Judge
(dissenting):
I would affirm based on my dissenting
opinions in United States v. Fosler, 70 M.J. 225, 240 (C.A.A.F. 2011) (Baker,
J., dissenting), and United States v. Humphries, 71 M.J.
209, 217 (C.A.A.F. 2012) (Baker, C.J.,
dissenting).
No. 13-0491/AF. U.S. v. Mark J. JORDAN.
CCA
S31939. On consideration of the petition for grant of
review of the decision of the United States Air Force Court of Criminal
Appeals, and in view of United States v. Tunstall,
72 M.J. 191 (C.A.A.F.
2013), United States v. Goings, 72 M.J. 202 (C.A.A.F. 2013), and United States v. Gaskins, 72 M.J. 225 (C.A.A.F. 2013), it is
ordered that said petition is granted on the following issue:
Whether
Specifications 1 and 2 of Charge III fail to state an offense because they
allege violations of Article 134 without alleging any of the terminal elements.
The decision of the United States Air
Force Court of Criminal Appeals is reversed as to Charge III and the
specifications thereunder and the sentence. The findings of guilty to Charge III and the
specifications thereunder are set aside. The remaining findings are affirmed. The record is returned to the Judge Advocate
General of the Air Force for remand to the Court of Criminal Appeals. That court may either
dismiss Charge III and the specifications thereunder
and reassess the sentence based on the affirmed findings, or it may
order a rehearing on the affected charge and the sentence. *
[See also ORDERS GRANTING PETITION FOR REVIEW this date.]
* STUCKY, Judge (concurring
in the result):
I concur in the result.
* BAKER, Chief Judge
(dissenting):
I would affirm based on the analysis of the United
States Air Force Court of Criminal Appeals and my dissenting opinions in United
States v. Fosler, 70 M.J.
225, 240 (C.A.A.F. 2011) (Baker, J., dissenting), and
United States v. Humphries, 71 M.J. 209, 217 (C.A.A.F. 2012) (Baker, C.J.,
dissenting).
No. 13-5003/AR. U.S. v. Justin P. SWIFT. CCA 20100196. Upon further consideration of the issues
certified by the Judge Advocate General of the Army, 72 M.J.
37 (C.A.A.F. 2013), we conclude that the United
States Army Court of Criminal Appeals did not err in finding that Appellee was prejudiced by the government's failure to
allege the terminal element for the two Article 134, UCMJ,
indecent acts with a child specifications of the Charge. See United States v. Goings,
72 M.J. 202 (C.A.A.F.
2013) and United States v. Gaskins, 72 M.J.
225 (C.A.A.F. 2013).
Accordingly, it is ordered that the first certified issue is answered in
the negative, the second certified issue is answered in the affirmative, and
the decision of the United States Army Court of Criminal Appeals is affirmed. *
* STUCKY, Judge (concurring
in the result):
I concur in the result.
* BAKER, Chief Judge
(dissenting):
I would answer the first certified issue in
the affirmative and the second certified issue in the negative based on my dissenting
opinions in United States v. Fosler, 70 M.J. 225, 240 (C.A.A.F. 2011)
(Baker, J., dissenting), and United States v. Humphries, 71 M.J. 209, 217 (C.A.A.F. 2012)
(Baker, C.J., dissenting).
ORDERS
GRANTING PETITION FOR REVIEW
No. 11-0104/AF. U.S. v. Edward T. HUDSON. CCA 37249. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No.
12-0026/AF. U.S. v. Charles L. WALTON.
CCA
37664. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No. 13-0095/AR. U.S. v. Jeffrey W. SWARTZ. CCA 20091041. [See also
APPEALS-SUMMARY DISPOSITIONS this date.]
No. 13-0397/AF. U.S. v. Jerome A. JONES,
Jr. CCA 37528. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 13-0491/AF. U.S. v. Mark J. JORDAN.
CCA
S31939. [See also APPEALS-SUMMARY DISPOSITIONS
this date.]
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0694/AR. U.S. v. Kevin A. GIBSON. CCA 20110247.
No. 13-0695/AR. U.S. v. James A. CRAWFORD. CCA 20110765.
No. 13-0696/AR. U.S. v. Phillip L. BARTIE. CCA 20111179.
INTERLOCUTORY
ORDERS
No. 13-0493/AR. U.S. v. Benito NIEVESPABON. CCA 20100626. Appellant's motion to consider additional Grostefon matters is granted.
No. 13-0611/AR. U.S. v. Perry E. ZENON. CCA 20120786. Appellant's motion for leave to file the
supplement to the petition for grant of review out of time is granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-224
Tuesday, August 13,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0692/AR. U.S. v. Kayle T. SHIELDS. CCA 20110984.
No. 13-0693/AR. U.S. v. Cody J. PINKERMAN. CCA 20120703.
INTERLOCUTORY
ORDERS
No. 13-0443/AR. U.S. v. Dustin R. HOGAN. CCA 20110172. 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.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-223
Monday, August 12,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0633/AR. U.S. v. Michael E. MAGANA. CCA 20121116.
No.
13-0634/AR. U.S. v. Alexander J.
CHRISTENSEN. CCA 20120156.
No. 13-0635/AR. U.S. v. Michael B. HARDEE. CCA 20120236.
No. 13-0636/AR. U.S. v. Johnathan
W. DOMINY.
CCA
20120365.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0690/AF. U.S. v. Austin F.
CHAMBERLAIN. CCA 38098.
No. 13-0691/AF. U.S. v. Randall W.
GILLILAND. CCA 37895.
INTERLOCUTORY
ORDERS
No. 13-0329/AR. U.S. v. Slade MCKIM-BURWELL.
CCA
20120719. Appellant's motion to
extend time to file a reply brief granted,
up to and including August 26, 2013, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 13-0435/AR. U.S. v. Gary D. WARNER. CCA 20120499. On
consideration of Appellee's
motion to reschedule oral argument and Appellant's motion to extend time to
file a reply brief, it is ordered that Appellee's motion to reschedule oral argument is hereby
denied without prejudice, and Appellant's
motion to extend time to file a reply brief is hereby granted, up to and
including August 26, 2013.
No. 13-0687/NA. U.S. v. Matthew R. MCVEIGH. CCA 201200161. Appellant's
motion to extend time to file the supplement to the petition for grant of review
granted to August 29, 2013.
No. 13-0688/AF. U.S. v. Daniel L. BERKHIMER. CCA 37850.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to August 29, 2013.
No. 13-7001/AR. U.S. v. Hasan
K. AKBAR. CCA 20050514. Appellant's second motion to extend time to file a brief is granted to
September 20, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-222
Friday, August 9,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0625/AR. U.S. v. Fernando ALMAGUER. CCA 20120228.
No. 13-0626/AR. U.S. v. Davon
M. LOVE. CCA 20120511.
No. 13-0627/AR. U.S. v. Alva D. SUMMERLOTT. CCA 20120352.
No. 13-0630/AR. U.S. v. Javier OROZCO. CCA 20120133.
No. 13-0631/AR. U.S. v. Kenneth W. PARKER. CCA 20120765.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0687/NA. U.S. v. Matthew R. MCVEIGH. CCA 201200161.
No. 13-0688/AF. U.S. v. Daniel L. BERKHIMER. CCA 37850.
No. 13-0689/AR. U.S. v. Christopher L. SPEROW. CCA 20110904.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-221
Thursday, August 8,
2013
APPEALS -
SUMMARY DISPOSITIONS
No. 13-0628/AR. U.S. v. Jesus HERNANDEZ. CCA 20110471. 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.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
* It is directed that the Notice of Court-Martial
Order Correction order dated 22 May 2013 be corrected to reflect that the
Charge is a violation of Article 85, UCMJ.
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0628/AR. U.S. v. Jesus HERNANDEZ. CCA 20110471. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0578/AR. U.S. v. Phillip P. GOBERT. CCA 20110941.
No. 13-0621/AR. U.S. v. James R. REMMERS. CCA 20120068.
No. 13-0624/AR. U.S. v. Shawn N. DELLISS. CCA 20120349.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-220
Wednesday, August 7,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0614/AR. U.S. v. Donald G. DOBIE,
Jr. CCA 20111129.
PETITIONS
FOR GRANT OF REVIEW FILED
No.
13-0685/AR. U.S. v. Johnnie L.W. LETBETTER. CCA 20120040.
No.
13-0686/AF. U.S. v. Michael J. LAPOINTE. CCA S32081.
MANDATES
ISSUED
No. 12-0616/AR. U.S. v. Timothy E. BENNITT. CCA 20100172.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-219
Tuesday, August 6,
2013
APPEALS -
SUMMARY DISPOSITIONS
No. 13-0519/AR. U.S. v. Anthony A. RIVERA. CCA 20110697. 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.*
* It is noted that the decision of the United
States Army Court of Criminal Appeals indicated that Appellant was found
guilty, inter alia, of two
specifications of assault upon a noncommissioned officer and one specification
of assault consummated by a battery. As
correctly noted in the promulgating order, Appellant was found guilty, inter alia, of one specification of
assault upon a noncommissioned officer and three specifications of assault
consummated by a battery.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0679/AF. U.S. v. Jessie L. WRIGHT. CCA S32095.
No. 13-0680/AF. U.S. v. Bryan C. MCMILLAN. CCA 38189.
No. 13-0681/AF. U.S. v. Adam D. CHEW. CCA S32101.
No.
13-0682/AR. U.S. v. Christopher G. CANADAY. CCA 20120243.
No.
13-0683/AR. U.S. v. Aaron X. TAYLOR. CCA 20111066.
No. 13-0684/AR. U.S. v. Michael D.
LAFFERTY. CCA 20111155.
INTERLOCUTORY
ORDERS
No. 13-0676/AF. U.S. v. Robert J. DUTTON. CCA S32002. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to August 26, 2013.
No. 13-0677/AF. U.S. v. David J. CHARGUALAF. CCA 38023. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to August 26, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-218
Monday, August 5,
2013
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0408/MC. U.S. v. Don W. BAILEY. CCA 201200370.
Review granted on the following issue:
AN ACCUSED HAS A
CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE.
APPELLANT WAS SENTENCED BY A MILITARY JUDGE WHO LATER STATED THAT
DEFENDANTS ARE GUILTY, REFERRED TO DEFENDANTS AS SCUMBAGS, AND STATED THAT
DEFENDANTS NEED TO BE CRUSHED. WAS
APPELLANT DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE?
Appellant's brief on
this issue shall be filed within 20 days of the date of this order. Appellee's answer shall be filed within 20
days of the filing of Appellant's brief.
A reply may be filed by Appellant within 5 days of Appellee's answer.
No. 13-0459/AR. U.S. v. Rollan D. MEAD. CCA 20110717.
Review granted on the following issue:
WHETHER THE ARMY
COURT INCORRECTLY RULED THAT PIERCE CREDIT MAY BE APPLIED AGAINST THE
ADJUDGED SENTENCE WHERE THIS RESULTS IN NO RELIEF TO APPELLANT AND WHETHER THE
ARMY COURT INCORRECTLY RULED THAT PAY LOST AS A RESULT OF PRIOR REDUCTION UNDER
ARTICLE 15, UCMJ, NEED NOT BE RESTORED TO APPELLANT.
Appellant's brief on
this issue shall be filed within 20 days of the date of this order. Appellee's answer shall be filed within 20
days of the filing of Appellant's brief.
A reply may be filed by Appellant within 5 days of Appellee's answer.
No. 13-0518/AF. U.S. v. Jordan C. PASSUT. CCA 37755.
Review granted on the following issue:
WHETHER A STATEMENT
MADE TO AN AAFES EMPLOYEE FOR THE PURPOSE OF CASHING A WORTHLESS CHECK
SATISFIES THE "OFFICIAL" ELEMENT OF A FALSE OFFICIAL STATEMENT.
Appellant's brief on
this issue shall be filed within 20 days of the date of this order. Appellee's answer shall be filed within 20
days of the filing of Appellant's brief.
A reply may be filed by Appellant within 5 days of Appellee's answer.
CERTIFICATES
FOR REVIEW FILED
No. 13-5010/AR. U.S. v. Shawn M. HINES. CCA 20120024. Notice is hereby given that a certificate for
review of the decision of the United States Army Court of Criminal Appeals was
filed under Rule 22 this date on the following issues:
I. WHETHER
THE ARMY COURT OF CRIMINAL APPEALS ERRED WHEN IT HELD THAT APPELLEE'S
PLEAS TO SPECIFICATIONS 1, 2, AND 3 OF CHARGE II WERE IMPROVIDENT BECAUSE THEFT
OF BASIC ALLOWANCE FOR HOUSING AND FAMILY SEPARATION ALLOWANCE OCCURRING OVER
MULTIPLE MONTHS "AMOUNTS TO A SEPARATE LARCENY EACH MONTH THE MONEY IS
RECEIVED."
II. WHETHER THE ARMY COURT OF CRIMINAL APPEALS
ERRED WHEN IT HELD THAT APPELLEE'S PLEAS TO
SPECIFICATIONS 1 AND 3 OF CHARGE II WERE IMPROVIDENT BECAUSE THE MILITARY JUDGE
"NEVER SATISFACTORILY RESOLVED THE INCONSISTENCY BETWEEN [APPELLEE'S]
PLEAS TO THE ENTIRE AMOUNT [OF BASIC ALLOWANCE FOR HOUSING] IN
LIGHT OF HIS APPARENT ENTITLEMENT TO A LESSER AMOUNT."
PETITIONS
FOR GRANT OF REVIEW DENIED
No.
13-0415/AR. U.S. v. Ronald E. PLEASANT,
Jr. CCA 20100437.
No. 13-0421/AR. U.S. v. Justin K. ODOM. CCA 20100756.
No. 13-0615/AR. U.S. v. Brian K. DEWEESE. CCA 20121017.
No. 13-0616/AR. U.S. v. Brian D. WHITE. CCA 20110660.
No. 13-0617/AF. U.S. v. Jose M.
SANTANA-PENA. CCA 37931.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0676/AF. U.S. v. Robert J. DUTTON. CCA S32002.
No. 13-0677/AF. U.S. v. David J. CHARGUALAF. CCA 38023.
No. 13-0678/AF. U.S. v. Christopher B.
REED. CCA 37632.
MANDATES
ISSUED
No. 13-5006/AF. Airman First Class LRM,
USAF, Appellant v. Lieutenant Colonel Joshua E. KASTENBERG,
USAF, Military Judge, Appellee and Airman First Class
Nicholas E. Daniels, USAF, Real Party In Interest. CCA 2013-05.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-217
Friday, August 2,
2013
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
No. 13-5005/AF. U.S. v. Patrick CARTER. CCA 37715. On consideration of the issues certified by
the Judge Advocate General of the Air Force, 72 M.J.
253 (C.A.A.F. 2013), we conclude that the United
States Air Force Court of Criminal Appeals did not err in finding that Appellee was prejudiced by the government's failure to
allege the terminal element for Specifications 1 and 2 under Charge III
alleging child endangerment and indecent acts with the same child, both in
violation of Article 134, UCMJ. See United States v. Goings, 72
M.J. 202 (C.A.A.F. 2013)
and United States v. Gaskins, 72 M.J. 225 (C.A.A.F. 2013).
Accordingly, it is ordered that the first certified issue is answered in
the affirmative and the second and third certified issues are answered in the
negative, and the decision of the United States Air Force Court of Criminal
Appeals is hereby affirmed.*
* Baker, Chief Judge
(dissenting):
I dissent based on my
dissenting opinions in United States v. Fosler,
70 M.J. 225, 240 (C.A.A.F.
2011) (Baker, J., dissenting), and United States v. Humphries, 71 M.J. 209, 217 (C.A.A.F. 2012)
(Baker, C.J., dissenting).
No. 13-8038/AF. In re Anthony Douglas
WILSON. On consideration of the petition for
extraordinary relief in the nature of error coram nobis or other extraordinary relief, it is ordered that
said petition is hereby dismissed for lack of jurisdiction.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0436/NA. U.S. v. Matthew R. GIFFORD. CCA 201200169.
No. 13-0563/AR. U.S. v. David W. BROWN. CCA 20101043.
No. 13-0575/AR. U.S. v. Shawn W. POTTS. CCA 20120546.
No. 13-0582/AR. U.S. v. Jason K. SAN NICOLAS. CCA 20111117.
No. 13-0599/AR. U.S. v. Michael D. HUDSON. CCA 20120524.
No. 13-0613/AR. U.S. v. Jeffrey R. COPPENS, Jr. CCA 20120161.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0672/MC. U.S. v. Marcos J.
HERNANDEZ. CCA 201200369.
No. 13-0673/AF. U.S. v. Quinton M. ALSTON. CCA S32111.
No. 13-0674/AR. U.S. v. Frederick N. OWENS. CCA 20110404.
No. 13-0675/AR. U.S. v. Demone
M. WHIGHAM.
CCA
20110181.
INTERLOCUTORY
ORDERS
No. 11-0280/AR. U.S. v. Douglas K.
WINCKELMANN. CCA 20070243.
No. 13-0283/AF. U.S. v. Timothy L. MERRITT. CCA 37608.
No. 13-0348/AR. U.S. v. Amanda M. MOSS. CCA 20110337.
No. 13-0435/AR. U.S. v. Gary D. WARNER. CCA 20120499.
In each of the above
cases, 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) (2006).
No. 13-0387/AR. U.S. v. David M. DERJAN. CCA 20101039. On consideration of Appellant's motion to
consider matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982),
suspend Rule 21A(c), supplement the record, and file under seal and Appellant's
motion for leave to file under seal, it is ordered that said motions are hereby
denied. Appellant shall submit Grostefon matters in compliance with the 15-page
limit of the C.A.A.F. Rule 21A(a)
on or before August 12, 2013.
No. 13-0595/AF. U.S. v. Phillip T.
BURLEIGH. CCA 37652. Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted up to and
including September 3, 2013. Appellant's
motion for leave to withdraw from case as defense counsel denied without
prejudice. Appellate defense counsel may
resubmit another motion for leave to withdraw that includes the following: (1)
a statement that the Appellant and appellate defense counsel have discussed the
Appellant's rights to appellate review, the effect of permitting the withdrawal
of appropriate defense counsel and declining any other legal representation,
the effect of proceeding pro se and
that Appellant understands these matters; (2) a further statement that
Appellant's decision to allow appellate defense counsel to withdraw and his
request to proceed pro se are
submitted voluntarily and cannot be revoked; and (3) the signatures of the
Appellant and appellate defense counsel.
No. 13-0672/MC. U.S. v. Marcos J.
HERNANDEZ. CCA 201200369. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to August 22, 2013.
No. 13-0675/AR. U.S. v. Demone
M. WHIGHAM.
CCA
20110181. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to August 22, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-216
Thursday, August 1,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0517/NA. U.S. v. Rodney WILLIAMS. CCA 201200248.
No. 13-0564/AR. U.S. v. Brent T. MAUPIN. CCA 20120476.
No. 13-0583/AR. U.S. v. Carlos J. CAMACHO. CCA 20120428.
No. 13-0598/AR. U.S. v. Kenley D.
ROBERTSON. CCA
20120302.
No. 13-0600/AF. U.S. v. Jovon R. BRANCH. CCA S32064.
No. 13-0608/AR. U.S. v. Bladimir S.
RODRIGUEZ. CCA
20120128.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0669/AR. U.S. v. Brandon T. PARKER. CCA 20110248.
No. 13-0670/AR. U.S. v. Matthew J. BROWN. CCA 20120913.
No. 13-0671/AR. U.S. v. Shawn M. HINES. CCA 20120024.
INTERLOCUTORY
ORDERS
No. 13-0061/AR. U.S. v. Ted C. SQUIRE. CCA 20091106. On
consideration of Appellant's motion
for an order to retain and preserve physical evidence, it is
ordered that said motion is hereby dismissed for lack of jurisdiction.*
* Cox, Senior Judge
(dissenting):
I would order the
government to show cause why the evidence should not
be preserved. See United States v. Denedo, 556 U.S. 904 (2009).
MANDATES
ISSUED
No. 13-0244/NA. U.S. v. Donald J. BROWN. CCA 201100516.
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