UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 14-042
Thursday, October 31, 2013
APPEALS – SUMMARY
DISPOSITIONS
No. 13-0619/NA. U.S. v. Gabriel A. MORA. CCA 201200335. On consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of Criminal
Appeals and Appellant's motion to supplement the record, said petition is
granted and the decision of the Court of Criminal Appeals is affirmed.*
Said motion is denied as moot.
* It is noted that the ruling of the military judge on MRE 412 matters was not sealed as required by MRE 412(c)(2). Accordingly, the Clerk is directed to seal
Appellate Exhibit XXXVII.
No. 13-0717/AF. U.S. v. Zachary R. LYNCH. CCA 38094. Review granted on the following issue:
PURSUANT TO THE SUPREME COURT'S HOLDING IN RYDER
v. UNITED STATES, 515 U.S. 177 (1995), APPELLANT IS ENTITLED TO A HEARING
BEFORE A PROPERLY CONSTITUTED PANEL OF THE AIR FORCE COURT OF CRIMINAL APPEALS
(AFCCA). WAS
PETITIONER DENIED THAT RIGHT WHEN HIS CASE WAS HEARD BY A CIVILIAN JUDGE WHO
WAS NOT PROPERLY APPOINTED TO THE AFCCA?
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 a new review and consideration of the aforementioned issue under Article
66(c), Uniform Code of Military Justice, 10 U.S.C. §
866(c) (2006).
ORDERS GRANTING PETITION
FOR REVIEW
No. 13-0602/AR. U.S. v. Thomas C. FLESHER. CCA 20110449. Review granted on the following issue:
WHETHER THE MILITARY
JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED THE TESTIMONY OF A PUTATIVE EXPERT
WITNESS IN VIOLATION OF THE MILITARY RULES OF EVIDENCE AND CASE LAW ON BOLSTERING,
EXPERT QUALIFICATIONS, RELEVANCE, AND THE APPROPRIATE CONTENT AND SCOPE OF
EXPERT TESTIMONY.
Briefs will be filed
under Rule 25.
PETITIONS FOR GRANT
OF REVIEW DENIED
No. 13-0694/AR. U.S. v. Kevin A. GIBSON. CCA 20110247.
No. 13-0723/AR. U.S. v. Dwayne T. BROWN. CCA 20100916.
PETITIONS FOR GRANT
OF REVIEW – OTHER SUMMARY DISPOSITIONS
No. 13-0498/AF. U.S. v. Christopher J.
MARTIN. CCA S32035.
No. 14-0011/AF. U.S. v. Kendall NORMAN. CCA 37495.
No. 14-0018/AF. U.S. v. Don WATKINS, Jr. CCA S32114.
No. 14-0022/AF. U.S. v. Kyle R. DIETZ. CCA 38117.
No. 14-0030/AF. U.S. v. James M. BOORE. CCA 38058.
No. 14-0038/AF. U.S. v. Kevin A. SLAGLE. CCA 38087.
No. 14-0039/AF. U.S. v. Yedeychem
MANN. CCA 38124.
No. 14-0050/AF. U.S. v. Thomas N.
PATTERSON. CCA 38031.
No. 14-0051/AF. U.S. v. Daniel P. OPENSHAW. CCA 38049.
No. 14-0054/AF. U.S. v. Sharmaine
L. LATHAM. CCA 38107.
No. 14-0056/AF. U.S. v. Gregory D. WEBB. CCA 38071.
No. 14-0062/AF. U.S. v. Charles N. YOHE. CCA 37950.
No. 14-0063/AF. U.S. v. Jacinta-Marie R.
TOMPKINS. CCA 37627.
No. 14-0098/AF. U.S. v. David D.B. LUCKADO. CCA 37962.
No. 14-0100/AF. U.S. v. Jason THOMPSON. CCA S31996.
No. 14-0107/AF. U.S. v. Andrew F. PIETTE. CCA 38101.
No. 14-0108/AF. U.S. v. Zachary A. ZOLNOSKY. CCA 38103.
No. 14-0109/AF. U.S. v. Daniel M. BLAIR. CCA S32028.
No. 14-0110/AF. U.S. v. Joe A. MONTOYA IV. CCA 38116.
No. 14-0123/AF. U.S. v. Bobby R. RODRIGUEZ. CCA 37927.
No. 14-0126/AF. U.S. v. Chad R.
MCCLELLAND-HALL. CCA 38258.
In each of the above
cases, Appellee's motion to dismiss the petition for
grant of review without prejudice and motion to treat Appellant's motion to
vacate before the Air Force Court of Criminal Appeals as a motion for
reconsideration are granted.
No. 14-0087/AF. U.S. v. Craig X. JORELL. CCA 38061.
No. 14-0095/AF. U.S. v. Benjamin R. LOVERIDGE. CCA 37872.
No. 14-0129/AF. U.S. v. Dustin R. HELPAP. CCA S32017.
In each of the above
cases, Appellee's motion to dismiss the petition for
grant of review without prejudice is granted.
PETITIONS FOR GRANT
OF REVIEW FILED
No. 14-0147/AR. U.S. v. John O. GATES. CCA 20110773.
No. 14-0148/AR. U.S. v. Bradley D. FORSELL. CCA 20130047.
MISCELLANEOUS DOCKET
– SUMMARY DISPOSITIONS
No. 14-8002/NA. U.S. v. Christopher J. SCHALEGER. CCA 20130247. On consideration of the writ-appeal petition,
Appellant's motion for a stay of trial proceedings, and Appellee's
motion for leave to file an opposition to Appellant's motion for a stay of
trial proceedings out of time, said motions are denied and said writ-appeal
petition is denied without prejudice to Appellant's right to raise the issue
asserted during the course of normal appellate review.
MISCELLANEOUS DOCKET
– FILINGS
No. 14-8005/AF. Yefry S. MERCADO,
Petitioner v. Lieutenant Colonel Joshua E. KASTENBERG,
Military Judge, Respondent.
Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of mandamus was filed under Rule
27(a) this date.
PETITIONS FOR
RECONSIDERATION DENIED
No. 12-0428/MC. U.S. v. Stephen J. MCGUIRE. CCA 201000611.
Appellant's petition for reconsideration of this Court's Order of April
17, 2013, is denied.
INTERLOCUTORY ORDERS
No. 13-0595/AF. U.S. v. Phillip T.
BURLEIGH. CCA 37652. On consideration of appellate defense
counsel's second motion for leave to withdraw, it is ordered that Appellee show cause on or before November 7, 2013, why the
second motion for leave to withdraw should not be granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-041
Wednesday, October
30, 2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0700/AF. U.S. v. Christopher E. SELISKAR. CCA 38039.
No. 14-0037/AR. U.S. v. Timothy J. JANEIRO,
Jr. CCA 20120519.
INTERLOCUTORY
ORDERS
No. 13-0565/AR. U.S. v. Christopher R.
KEARNS. CCA 20110348. Appellant's motion to correct errata granted.
No. 14-0104/AR. U.S. v. Holly C. HARRISON. CCA 20120345. Appellant's
second motion to extend time to file
the supplement to the petition for grant of review granted, up to and including November 14, 2013, and
absent extraordinary circumstances, no further extension of time will be
granted in this case.
No. 14-8002/NA. U.S. v. Christopher J. SCHALEGER. CCA 20130247.
Appellant's motion to correct errata
granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-040
Tuesday, October 29,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0075/AR. U.S. v. Daniel C. MOORE. CCA 20110436.
No. 14-0076/AF. U.S. v. Fred W. HESS. CCA 38232.
No. 14-0081/AR. U.S. v. Natashia
P. RHODIE.
CCA
20120437.
No. 14-0082/AR. U.S. v. Moises
REYES. CCA 20121070.
No. 14-0085/AR. U.S. v. Damarcus
D. MCGINTY.
CCA
20110627.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0146/AR. U.S. v. Brandon D. MORRIS. CCA 20110587.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-039
Monday, October 28,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0069/AR. U.S. v. Alex M. JOHNSON. CCA 20110757.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0142/AF. U.S. v. Gabriel U. BENTLEY. CCA 38097.
No. 14-0143/AF. U.S. v. Adam E. MONAHAN. CCA 38084.
No. 14-0144/AF. U.S. v. Jimmy HUGHES. CCA 37958.
No. 14-0145/NA. U.S. v. Brandon EVERSON. CCA 201300111.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-038
Friday, October 25,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0058/AR. U.S. v. Nathan R. KNIGHT. CCA 20110858.
No. 14-0059/AR. U.S. v. Nathan F. WERCINSKI. CCA 20121074.
No. 14-0064/AR. U.S. v. Michael L. TRANHUMPHRIES.
CCA 20120536.
No. 14-0065/AR. U.S. v. Bobby K. FILLERS. CCA 20130032.
No. 14-0068/AR. U.S. v. Jesse D. BRAZEAL. CCA 20130102.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0138/AF. U.S. v. Danny M. BURNS. CCA 37847.
No. 14-0139/AF. U.S. v. Jason E. MEGUIN. CCA 37966.
No. 14-0140/AR. U.S. v. Anthony VEGA. CCA 20121039.
No. 14-0141/AF. U.S. v. Daniel G. CHAPPELL. CCA S32027.
INTERLOCUTORY
ORDERS
No. 13-0522/AF. U.S. v. David J.A. GUTIERREZ.
CCA
37913. Appellant's motion to
correct errata is granted.
No. 13-0601/AF. U.S. v. Korey
J. TALKINGTON.
CCA
37785. Appellant's motion to
correct errata is granted.
No. 14-0137/AR. U.S. v. Daniella
M. HOWARD. CCA 20120844. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 13, 2013.
No. 14-0138/AF. U.S. v. Danny M. BURNS. CCA 37847. Appellant's
motion to extend time to file the supplement to the petition for grant of review
granted to November 14, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 14-037
Thursday, October 24, 2013
PETITIONS FOR GRANT
OF REVIEW FILED
No. 14-0135/CG. U.S. v. Avignone
F. HUGHEY.
CCA
1363.
No. 14-0136/AR. U.S. v. Forrest M. LOFFER. CCA 20120529.
No. 14-0137/AR. U.S. v. Daniella
M. HOWARD. CCA 20120844.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-036
Wednesday, October
23, 2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0229/AR. U.S. v. Rodger S. DANES. CCA 20091072.
No. 13-0732/AR. U.S. v. Daniel L. SMITH. CCA 20120513.
No. 14-0023/AR. U.S. v. Christopher M.
DAHL. CCA
20110385.
No. 14-0052/AR. U.S. v. Marcelo G. BALBOA. CCA 20130253.
No. 14-0053/AR. U.S. v. Brian L. JEFFERSON. CCA 20111038.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0133/AR. U.S. v. Daniel L. HOOD. CCA 20120790.
No. 14-0134/AR. U.S. v. Brett M. GASKILL. CCA 20110028.
MISCELLANEOUS
DOCKET - FILINGS
Misc.
No. 14-8004/AF. U.S. v. Samuel LOFTON, III. CCA 2011-10. Notice is
hereby given that a writ-appeal petition for review of the decision of the
United States Air Force Court of Criminal Appeals on application for
extraordinary relief was filed under Rule 27(b) on this date.
INTERLOCUTORY
ORDERS
No. 14-0126/AF. U.S. v. Chad R.
MCCLELLAND-HALL. CCA 38258. Appellant's
motion to extend time to file the supplement to the petition for grant of review
granted to November 12, 2013.
No. 14-0131/AR. U.S. v. Anthony D. MORROW,
Jr. CCA
20120791. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to November 12, 2013.
No. 14-8002/NA. U.S. v. Christopher J.
SCHALEGER. CCA
20130247. Appellee's motion to
correct errata is granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-035
Tuesday, October 22, 2013
HEARINGS
No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0524/AR. U.S. v. Bruce L. KELLY. CCA 20090809.
No. 13-0704/AR. U.S. v. Theodore HINOJOSA. CCA 20110735.
No. 13-0707/AF. U.S. v. John A. MCCRARY. CCA 38016.
No. 13-0718/NA. U.S. v. Mauricio R.
DELGADO. CCA 201200473.
No. 14-0004/AF. U.S. v. Carlos E.F. THOMAS. CCA 37896.
No. 14-0016/AF. U.S. v. James T. SPENCER,
III. CCA 37922.
No. 14-0021/AR. U.S. v. James O. MATHIS,
Jr. CCA 20120580.
No. 14-0024/AR. U.S. v. Arthur J. CLAYTON,
Jr. CCA 20110742.
No. 14-0025/AR. U.S. v. Anthony J. ELLIOTT. CCA 20110876.
No. 14-0043/AF. U.S. v. Sean WALL. CCA 37842.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0131/AR. U.S. v. Anthony D. MORROW,
Jr. CCA 20120791.
No. 14-0132/AR. U.S. v. Ismael
MARTINEZ, Jr. CCA 20130088.
INTERLOCUTORY
ORDERS
No. 14-0122/AF. U.S. v. Alexander V. TAVAREZ. CCA S32120.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to November 7,
2013.
No. 14-0123/AF. U.S. v. Bobby R. RODRIGUEZ. CCA 37927. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 12, 2013.
No. 14-0125/AF. U.S. v. Danny L. ANNIS. CCA 38001.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to November 12,
2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-034
Monday, October 21,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0123/AF. U.S. v. Bobby R. RODRIGUEZ. CCA 37927.
No. 14-0124/AF. U.S. v. Jose J. AGUILAR. CCA 38260.
No. 14-0125/AF. U.S. v. Danny L. ANNIS. CCA 38001.
No. 14-0126/AF. U.S. v. Chad R.
MCCLELLAND-HALL. CCA 38258.
No. 14-0127/AF. U.S. v. John I. RODRIGUEZ. CCA 38080.
No. 14-0128/AR. U.S. v. Joshua C. WAN. CCA 20121000.
No. 14-0129/AF. U.S. v. Dustin R. HELPAP. CCA S32017.
No. 14-0130/AF. U.S. v. David J. JANSSEN. CCA 37681.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-033
Friday, October 18,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0728/AR. U.S. v. Reshard
D. GOUGIS.
CCA
20120391.
No. 14-0042/AF. U.S. v. Bryan C. JONES. CCA S32015.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0118/AF. U.S. v. Anthony J. SOUZA. CCA 38271.
No. 14-0119/AF. U.S. v. Charles W. PAUL. CCA S32025.
No. 14-0120/AR. U.S. v. Paul A. SEWELL. CCA 20130028.
No. 14-0121/AF. U.S. v. Chad E. CARTWRIGHT. CCA 37641.
No. 14-0122/AF. U.S. v. Alexander V. TAVAREZ. CCA S32120.
INTERLOCUTORY
ORDERS
No. 13-7001/AR. U.S. v. Hasan
K. AKBAR. CCA 20050514. Appellant's fourth motion to extend time to file a brief is granted to
November 20, 2013.
No. 14-0087/AF. U.S. v. Craig X. JORELL. CCA 38061.
Appellant's motion to attach is granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-032
Thursday, October 17,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0607/AF. U.S. v. Matthew J. SOUSA. CCA 37889.
No. 14-0017/AF. U.S. v. Brian C. KATES. CCA S32018.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0117/AR. U.S. v. Joe N. TAYLOR, Jr. CCA 20111111.
INTERLOCUTORY
ORDERS
No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08. 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 case, and that Senior Judge Cox has consented to
perform judicial duties in said case under Article 142(e)(1)(A)(ii),
Uniform Code of Military Justice, 10 U.S.C. §
942(e)(1)(A)(ii) (2006).
No. 14-0080/AR. U.S. v. Ryan L. BROWN. CCA 20110932. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, up
to and including October 31, 2013, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0114/NA. U.S. v. Justin H. MCMURRIN. CCA 200900475.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to November 5,
2013.
No. 14-0115/MC. U.S. v. James C. WARNER. CCA 201200495. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 5, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-031
Wednesday, October
16, 2013
APPEALS -
SUMMARY DISPOSITIONS
No. 13-0699/AR. U.S. v. Roberto L. QUINONEZ. CCA 20110211. 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
noted that in summarizing the findings, the court omitted any reference to the
conviction under Charge III, Specification 3, for indecent exposure under
Article 120, Uniform Code of Military Justice, 10 U.S.C.
§ 920 (2006).
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0699/AR. U.S. v. Roberto L. QUINONEZ. CCA 20110211. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No. 14-0009/AR. U.S. v. Jesus GUTIERREZ,
Jr. CCA 20120104. Review granted on the following issue:
WHETHER THE EVIDENCE
OF STALKING WAS LEGALLY SUFFICIENT WHERE APPELLANT WAS ACQUITTED OF RAPE AND
THE PROSECUTION RELIED ON THE EVIDENCE OF RAPE TO PROVE STALKING.
Briefs will be filed
under Rule 25.
CERTIFICATES
FOR REVIEW FILED
No. 14-5001/AR. U.S. v. Joshua R. SICKELS. CCA 20110110. 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 issue:
WHETHER
THE ARMY COURT OF CRIMINAL APPEALS ERRED WHEN IT HELD THAT DEFENSE COUNSEL'S
INVESTIGATION AND PRESENTATION OF A SENTENCING CASE WAS INEFFECTIVE.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0675/AR. U.S. v. Demone
M. WHIGHAM.
CCA
20110181.
No.
13-0682/AR. U.S. v. Christopher G. CANADAY. CCA 20120243.
No. 13-0695/AR. U.S. v. James A. CRAWFORD. CCA 20110765.
No. 14-0019/AR. U.S. v. Joel F. BECKER. CCA 20120478.
No. 14-0028/AR. U.S. v. Daniel A. JENKINS. CCA 20121129.
No. 14-0032/AR. U.S. v. Jeraldo
L. DUNCOMBE.
CCA
20130090.
No. 14-0034/AR. U.S. v. Alexander M. SERRALTA. CCA 20121110.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0114/NA. U.S. v. Justin H. MCMURRIN. CCA 200900475.
No. 14-0115/MC. U.S. v. James C. WARNER. CCA 201200495.
No. 14-0116/AR. U.S. v. Michael B. LEDFORD. CCA 20130079.
INTERLOCUTORY
ORDERS
No. 13-0607/AF. U.S. v. Matthew J. SOUSA. CCA 37889. On
consideration of Appellant's motion
to file the supplement to the petition for grant of review under seal, and the
motion of Protect our Defenders for leave to file an Amicus Curiae brief in
support of this Court's review of the MIL.R.EVID. 412
Balancing Test, it is ordered that Appellant's motion to
file the supplement to the petition for grant of review under seal is hereby
granted, and the motion of Protect our Defenders for leave to file an Amicus
Curiae brief in support of this Court's review of the MIL.R.EVID.
412 Balancing Test is hereby denied as untimely
filed under Rule 26(b), C.A.A.F. Rules of Practice
and Procedure.
No. 13-0619/NA. U.S. v. Gabriel A. MORA. CCA 201200335. Appellant's
motion to correct errata and motion for leave to file a reply to Appellee's opposition to Appellant's motion to supplement
the record are granted.
No. 14-0073/AR. U.S. v. Jose A. GUZMAN-BONANO. CCA 20120011.
Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted,
up to and including October 30, 2013,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 14-0074/AR. U.S. v. Ryan J. CALDERON. CCA 20120014. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, up to and including October 30, 2013,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 14-0078/AR. U.S. v. Michael B. MOLL. CCA 20120472. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, up
to and including October 30, 2013, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0111/AR. U.S. v. Timothy B. TAFOYA. CCA 20120241.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to November 4,
2013.
No. 14-0113/AR. U.S. v. Shawn M.E.
PELLETIER. CCA 20110711. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 4, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-030
Tuesday, October 15,
2013
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0012/AF. U.S. v. Nicholas R. ELESPURU. CCA 38055. Review granted on the following issue:
WHETHER
SPECIFICATIONS 2 AND 3 OF CHARGE I ARE MULTIPLICIOUS.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0594/AR. U.S. v. Alice M. ROOSA. CCA 20100879.
No. 13-0712/AR. U.S. v. Arthur L. ROBERSON. CCA 20120498.
No. 14-0026/AR. U.S. v. Spencer D. JENKINS. CCA 20120357.
No. 14-0027/AR. U.S. v. Mark S. ASHLEY. CCA 20120566.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0111/AR. U.S. v. Timothy B. TAFOYA. CCA 20120241.
No. 14-0112/AF. U.S. v. Buddy J. GERHARDT. CCA 37946.
No. 14-0113/AR. U.S. v. Shawn M.E.
PELLETIER. CCA 20110711.
INTERLOCUTORY
ORDERS
No. 13-0498/AF. U.S. v. Christopher J.
MARTIN. CCA S32035. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 31, 2013.
No. 14-0066/AR. U.S. v. Jonathan J. BLAIR. CCA 20110846. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted, up to and including October 30, 2013, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 14-0109/AF. U.S. v. Daniel M. BLAIR. CCA S32028. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 31, 2013.
No. 14-0110/AF. U.S. v. Joe A. MONTOYA IV. CCA 38116. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 31, 2013.
No. 14-8003/AF. U.S. v. Douglas A. TORO. CCA 2013-23. Appellant's motion for a stay of proceedings
below is denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-029
Friday, October 11,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0498/AF. U.S. v. Christopher J.
MARTIN. CCA S32035.*
No. 14-0105/AR. U.S. v. John P.
WARFIELD-RAMIREZ. CCA 20130490.
No. 14-0106/AR. U.S. v. Matthew J. NIES. CCA 20120843.
No. 14-0107/AF. U.S. v. Andrew F. PIETTE. CCA 38101.
No. 14-0108/AF. U.S. v. Zachary A. ZOLNOSKY. CCA 38103.
No. 14-0109/AF. U.S. v. Daniel M. BLAIR. CCA S32028.
No. 14-0110/AF. U.S. v. Joe A. MONTOYA IV. CCA 38116.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 14-8003/AF. U.S. v. Douglas A. TORO. CCA 2013-23. Notice is hereby given that a writ-appeal
petition for review of the decision of the United States Air Force Court of
Criminal Appeals on application for a petition for extraordinary relief in the
nature of mandamus or prohibition, and accompanying brief, were filed under
Rule 27(b) on this date. Appellee will file an answer on or before the 21st day of
October, 2013.
INTERLOCUTORY
ORDERS
No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241.
Appellant's motion to extend time to
file a brief granted, up to and including November 8, 2013,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08. On
consideration of the motions to appear pro hac vice,
to allow the appearance of a law student on behalf of amicus curiae (Anthony Pellegrini), for Anthony Pellegrini
to appear as amicus curiae, to submit oral argument, to file an amicus curiae
brief, and to file corrected briefs, it is ordered that said motions are hereby
granted, and the amicus curiae will be allotted 10 minutes to present oral
argument.
No. 14-0048/AR. U.S. v. Jason C. WAGNER. CCA 20111064. Appellant's
motion to extend time to file the supplement granted, but only up to and including October 24, 2013, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 14-0049/AR. U.S. v. Robert A. WARREN. CCA 20100914. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted, but only up to and
including October 24, 2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0083/MC. U.S. v. Jose M. LOPEZ. CCA 201200457. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, but only up to and including November 1,
2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0104/AR. U.S. v. Holly C. HARRISON. CCA 20120345. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 30, 2013.
_____________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-028
Thursday, October 10,
2013
APPEALS-SUMMARY
DISPOSITIONS
No. 13-0231/AF. U.S. v. Andrew J. THOMPSON. CCA S32019. Review granted on the following issue:
WHETHER
THE AIR FORCE COURT'S DECISION MUST BE SET ASIDE BECAUSE ONE OF THE JUDGES WHO
PARTICIPATED IN THE DECISION OF APPELLANT'S CASE WAS UNCONSTITUTIONALLY
APPOINTED.
In light of Ryder
v. United States, 515 U.S. 177 (1995) and United States v. Carpenter,
37 M.J. 291 (C.M.A. 1993), vacated,
515 U.S. 1138 (1995), 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
further review under Article 66, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866 (2006), by
a properly appointed Court of Criminal Appeals.
Thereafter, Article 67(a), UCMJ, 10 U.S.C. § 867(a) (2006) will apply. [See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0231/AF. U.S. v. Andrew J. THOMPSON. CCA S32019. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0591/NA. U.S. v. Kenan
H. BELTON. CCA 201200292.
No. 13-0730/AR. U.S. v. David J. POGGIOLI. CCA 20110656.
No. 14-0002/AR. U.S. v. Corey S. LEBEAU. CCA 20111096.
No. 14-0015/AR. U.S. v. Ryan D. DAVIS. CCA 20120658.
No. 14-0020/AR. U.S. v. Thomas R. BALDWIN. CCA 20120033.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0104/AR. U.S. v. Holly C. HARRISON. CCA 20120345.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 14-8002/NA. U.S. v. Christopher J. SCHALEGER. CCA 20130247. Notice is hereby given that a writ-appeal
petition for review of the decision of the United States Navy-Marine Corps
Court of Criminal Appeals on application for extraordinary relief was filed
under Rule 27(b), together with a motion for a stay
proceedings, on this date.
PETITIONS
FOR RECONSIDERATION DENIED
No. 11-0104/AF. U.S. v. Edward T. HUDSON. CCA 37249. On
consideration of Appellee's petition for
reconsideration of this Court's order of August 14, 2013, it is ordered that
said petition for reconsideration is denied.
INTERLOCUTORY
ORDERS
No. 11-0567/AR. U.S. v. Eric L. NORDIN. CCA 20090044.
Appellant's motion to substitute the supplement
to the petition for grant of review is granted.
No. 13-0594/AR. U.S. v. Alice M. ROOSA. CCA 20100879.
Appellant's motion for leave to
substitute personal matters is granted.
No. 13-0717/AF. U.S. v. Zachary R. LYNCH. CCA 38094. Appellee's motion to strike Appellant's attachment of facts
outside the record but included in Appellant's brief is denied.
No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08. On
consideration of the motions to allow
the appearance of a law student on behalf of amicus curiae (Jonathan Brown), to
allow for Jonathan Brown to appear as amicus curiae, to submit oral argument,
and to file an amicus curiae brief, it is ordered that
said motions are hereby granted, and the amicus curiae will be allotted 10
minutes to present oral argument.
No. 14-0031/AF. U.S. v. Gary B. HIGGINS. CCA 38202. Appellant's
motion to withdraw his petition for grant of review is granted.
No. 14-0103/AR. U.S. v. Robert A.C. PEARSON.
CCA
20120324. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to October 29, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-027
Wednesday, October 9,
2013
HEARINGS
No. 13-0459/AR. U.S. v. Rollan
D. MEAD. CCA 20110717.
No. 13-0353/AF & 13-5007/AF. U.S.
v. Laurence H. FINCH. CCA 38081.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0103/AR. U.S. v. Robert A.C. PEARSON.
CCA
20120324.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-026
Tuesday, October 8,
2013
HEARINGS
No. 13-0345/AF. U.S. v. Robert M. PAYNE. CCA 37594.
No. 13-0518/AF. U.S. v. Jordan C. PASSUT. CCA 37755.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0688/AF. U.S. v. Daniel L.
BERKHIMER. CCA
37850.
No. 14-0006/AR. U.S. v. Jason W. GOSSAGE. CCA 20120856.
No. 14-0007/AR. U.S. v. Zack T. ROSE. CCA 20111123.
PETITIONS
FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 13-0715/AF. U.S. v. Andrew P. WITT. CCA 36785. On consideration of Appellee's motion to dismiss the petition for grant of
review, motion to submit document, and second motion to submit document, it isordered that Appellee's motion to submit document is hereby
denied, that Appellee's second motion to submit document is hereby granted, and
that Appellee's motion to dismiss the petition for grant of review is hereby
granted without prejudice.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0102/AR. U.S. v. Griffin A. LANEY. CCA 20130303.
INTERLOCUTORY
ORDERS
No. 14-0001/AR. U.S. v. George D.
MACDONALD. CCA
20091118. Appellant's third motion to extend time to
file the supplement to the petition for grant of review granted, up
to and including October 18, 2013, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0046/AR. U.S. v. Edwin M. RIVERS. CCA 20110309. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, up to and including
October 23, 2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0100/AF. U.S. v. Jason THOMPSON. CCA S31996. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 28, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-025
Monday, October 7,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0320/AF. U.S. v. Chadrick L. CAPEL. CCA S31819.*
No. 14-0100/AF. U.S. v. Jason THOMPSON. CCA S31996.
No. 14-0101/AF. U.S. v. Juan H. SALAS. CCA 37949.
____________________________________
* Second petition filed in this case.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 14-024
Friday,
October 4, 2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No.
13-0663/AF. U.S. v. Christian L. DAVIS. CCA 38077.
No.
13-0703/AR. U.S. v. Ruele
R. STRONG. CCA 20121045.
No.
13-0726/AF. U.S. v. Winston A. GORDON,
Jr. CCA S32008.
PETITIONS
FOR GRANT OF REVIEW FILED
No.
14-0094/AF. U.S. v. William A. EWING,
Jr. CCA 37891.
No.
14-0095/AF. U.S. v. Benjamin R. LOVERIDGE. CCA 37872.
No.
14-0096/AF. U.S. v. Travis W. PRICE. CCA 38045.
No.
14-0097/AR. U.S. v. Keith A. FERRERO. CCA 20130036.
No.
14-0098/AF. U.S. v. David D.B. LUCKADO. CCA 37962.
No.
14-0099/AF. U.S. v. Phillip E. WARREN. CCA 37908.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No. 14-8001/AR. Jeffrey A. SINCLAIR, Appellant v. United
States of America, and James L. Pohl, Colonel, U.S. Army, Military Judge. CCA 20130751. On
consideration of the writ-appeal
petition, Appellant's motion for a stay of proceedings, and motion to appear
pro hac vice, said motion to
appear pro hac vice is hereby granted, said motion
for a stay of proceedings is hereby denied, and said petition is hereby denied
without prejudice to Appellant's right to raise the
issues asserted during the course of normal appellate review.
INTERLOCUTORY
ORDERS
No.
13-0390/AR. U.S. v. Dyana
T. THOMAS. CCA 20100182. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 22, 2013.
No.
13-0443/AR. U.S. v. Dustin R. HOGAN. CCA 20110172. Appellant's
motion to extend time to file the petition for reconsideration out of time is denied.
No.
14-0093/AR. U.S. v. Ryan R. DAVIDSON. CCA 20110512. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 22, 2013.
No.
14-0095/AF. U.S. v. Benjamin R. LOVERIDGE. CCA 37872.
On consideration of Appellant's "Motion to treat out of time motion to
reconsider before the Air Force Court of Criminal Appeals as a timely filed
motion to reconsider," which this Court construes as a motion to extend time to
file the supplement to the petition for grant of review, said motion is hereby
granted to October 24, 2013.
No.
14-0098/AF. U.S. v. David D.B. LUCKADO. CCA 37962. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 24, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-023
Thursday, October 3,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0683/AR. U.S. v. Aaron X. TAYLOR. CCA 20111066.
PETITIONS
FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 13-0426/AF. U.S. v. Andre G. GNASH. CCA S32067. On consideration of Appellant's motion for leave to file a second petition for
grant of review, and motion for leave to file the supplement separately, we
note that Appellant filed a motion to vacate the decision of the United States
Air Force Court of Criminal Appeals with that court on the same date that the
instant motions were filed in this Court. Accordingly, it is
ordered that said motion for leave to file a second petition for grant of
review is hereby denied without prejudice to Appellant's right to seek review
in this Court following the conclusion of the litigation pending in the lower
court. See
C.A.A.F. R. 19(g), and that said motion for leave to
file the supplement separately is hereby denied as moot.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0390/AR. U.S. v. Dyana T. THOMAS. CCA 20100182.*
No. 14-0091/AF. U.S. v. John W. COLVETT. CCA 38079.
No. 14-0092/AR. U.S. v. Solomon E. SMITH. CCA 20110706.
No. 14-0093/AR. U.S. v. Ryan R. DAVIDSON. CCA 20110512.
PETITIONS
FOR RECONSIDERATION DENIED
No. 13-0265/NA. U.S. v. Decker B. JORDAN. CCA 201100621. On
consideration of Appellant's petition for reconsideration of this Court's order
issued June 18, 2013, and motion to supplement the record, it is ordered that
said motion is hereby denied, and that said petition for reconsideration is
hereby denied.
INTERLOCUTORY
ORDERS
No. 14-0029/AR. U.S. v. Ronald J. DAVIS. CCA 20100815. On consideration of Appellant's second motion to extend time to
file the supplement to the petition for grant of review, it is ordered that said motion is hereby granted, up
to and including October 17, 2013, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
__________________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-022
Wednesday, October 2,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0666/AR. U.S. v. Charles A. FOXX. CCA 20110272.
No. 13-0677/AF. U.S. v. David J. CHARGUALAF. CCA 38023.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0090/AR. U.S. v. Demontra
J. JACKSON. CCA 20130093.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-021
Tuesday, October 1,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0678/AF. U.S. v. Christopher B.
REED. CCA
37632.
PETITIONS
FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 13-0504/AF. U.S. v. Matthew B.
MCKEEVER. CCA 38026. On consideration
of Appellant's motion to withdraw the
petition for grant of review and the supplement thereto without prejudice and
motion to attach signed consent to motion to withdraw the petition for grant of
review, it is ordered that said motions are hereby
granted.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0089/AR. U.S. v. Robert J. ALGER. CCA 20121054.
INTERLOCUTORY
ORDERS
No. 12-0428/MC. U.S. v. Stephen J. MCGUIRE. CCA 201000611. Appellant's motion to extend time to file a
petition for reconsideration is granted to October 10, 2013.
No. 14-0080/AR. U.S. v. Ryan L. BROWN. CCA 20110932. Appellant's motion to extend time to file the supplement
to the petition for grant of review granted to October 17, 2013.
No. 14-0083/MC. U.S. v. Jose M. LOPEZ. CCA 201200457. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 17, 2013.
No. 14-0084/AR. U.S. v. Christopher GRAY. CCA 20090259. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 17, 2013.
No. 14-0086/AF. U.S. v. Thomas L. EASON. CCA 38091. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 21, 2013.
No. 14-0088/AF. U.S. v. Robert P. WALLS. CCA 38078. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 21, 2013.
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