UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-154
Wednesday, April 30, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0231/AF. U.S. v. Andrew J. THOMPSON. CCA S32019.
No. 14-0248/AR. U.S. v. Joshua L. ALANIZ. CCA 20111170.
No. 14-0309/AR. U.S. v. Lyle WOODY. CCA 20120146.
No. 14-0361/AF. U.S. v. Donald R. SWIGER, Jr. CCA 38231.
No. 14-0373/AR. U.S. v. Brent J. MCBRIDE. CCA 20120316.
PETITIONS
FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 14-0479/AR. U.S. v. Kirk D. VOGT, Jr. CCA 20111036. On consideration of Appellant's motion for
leave to file the petition for grant of review out of time and Appellee's
motion for leave to file a response to Appellant's motion out of time, it is
ordered that Appellant's motion for leave to file the petition for grant of
review out of time is hereby denied, and that Appellee's motion for leave to
file a response to Appellant's motion out of time is hereby denied as moot.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0558/AR. U.S. v. Aaron D. AMAYA. CCA 20120406.
No. 14-0559/AR. U.S. v. Justin R. HORNSBY. CCA 20130999.
No. 14-0560/AR. U.S. v. Ryan M. CEDERHOLM. CCA 20121061.
INTERLOCUTORY
ORDERS
No. 14-0505/AR. U.S. v. Martin L. CARROLL. CCA 20111158. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, up to and including May
14, 2014, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0554/AR. U.S. v. Benjamin R. WADA. CCA 20120457. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 19, 2014.
No. 14-5007/AF.
United
States, Appellant and Cross-Appellee v. Steven S. MORITA, Appellee and
Cross-Appellant. CCA 37838.
On consideration of Appellee/Cross-Appellant's motion to extend time to file
the supplement to the petition for grant of review, it is ordered that said
motion is granted to May 19, 2014.
SPECIAL DOCKET
MATTERS
No. 14-02. In the Matter of
Stephen G. Merrill. In a
reciprocal order based upon the actions of the Supreme Court of Alaska and the
United States Court of Appeals for the Fourth Circuit, this Court suspended the
above-named attorney indefinitely from the practice of law before the Court on
January 6, 2014, with the provision that should he be reinstated to practice
law by the Supreme Court of Alaska and the United States Court of Appeals for
the Fourth Circuit, he would be allowed to petition this Court for
reinstatement to the Bar of the Court.
On April 21, 2014, this Court received a letter from said attorney
requesting reinstatement to this Court's Bar, along with a copy of an order of
reinstatement to the practice of law from the Supreme Court of Alaska. On April 22, 2014, this Court also received
an order of reinstatement from the United States Court of Appeals for the
Fourth Circuit. Having met the
conditions for reinstatement, it is ordered that Stephen G. Merrill is hereby
reinstated to the practice of law before the Court, effective this date.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-153
Tuesday, April 29, 2014
HEARINGS
No.
14-0158/AF. U.S. v. Candice N. CIMBALL SHARPTON. CCA 38027.
PETITIONS FOR
GRANT OF REVIEW DENIED
No. 14-0232/AF. U.S. v. Ryan A. GIBSON. CCA 38115.
No. 14-0295/AR. U.S. v. James E. FORD. CCA 20110417.
No. 14-0430/AR. U.S. v. Jason A. BLANCHETTE. CCA 20120291.
No. 14-0462/AR. U.S. v. Glenn T. HILL. CCA 20120652.
No. 14-0469/AR. U.S. v. Matthew R. GIROUX. CCA 20120414.
No. 14-0473/AR. U.S. v. Larry R. GUTAI. CCA 20120916.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0551/NA. U.S. v. Michael N. BELL. CCA 201200517.
No. 14-0552/AR. U.S. v. Andrew C. HICKS. CCA 20130183.
No. 14-0553/AR. U.S. v. Martin S. NEWMAN. CCA 20120814.
No. 14-0554/AR. U.S. v. Benjamin R. WADA. CCA 20120457.
No. 14-0555/AR. U.S. v. Maurice J. FLANIGAN. CCA 20130267.
No. 14-0556/AF. U.S. v. Justin J. LYLE. CCA S32147.
No. 14-0557/MC. U.S. v. Anil K. DUTTA. CCA 201300254.
No. 14-5007/AF. U.S. v. Steven S. MORITA. CCA 37838.
INTERLOCUTORY
ORDERS
No. 14-0001/AR. U.S. v. George D. MACDONALD. CCA 20091118. Appellee's motion for leave to file a
supplemental appendix is granted.
No. 14-0361/AF. U.S. v. Donald R. SWIGER, Jr. CCA 38231.
Appellant's motion to attach documents is denied.
No. 14-0495/AR. U.S. v. Matthew R. ADAMS, Jr. CCA 20110503. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted,
up to and including May 7, 2014,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 14-0503/AR. U.S. v. Adam R. DEROSIER. CCA 20120733. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, up to and including May 13, 2014, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0547/AF. U.S. v. Kenneth W. LAMBERT II. CCA 38291.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to May 19, 2014.
No. 14-0548/AF. U.S. v. Timothy M. MILLER. CCA 38211.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to May 19, 2014.
No. 14-0549/AF. U.S. v. David P. ZARE. CCA 38374.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to May 19, 2014.
No. 14-0550/AR. U.S. v. Juan A. BOTELLO. CCA 20110743. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 19, 2014.
No. 14-0551/NA. U.S. v. Michael N. BELL. CCA 201200517. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 19, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-152
Monday, April 28, 2014
HEARINGS
No. 13-0536/AR. U.S. v. Jacob D. MOON. CCA 20120112.
No. 13-0573/AR. U.S. v. Calvin J. DAVENPORT. CCA 20081102.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0542/NA. U.S. v. Dominique YORK. CCA 201300287.
No. 14-0543/AR. U.S. v. Jon M. LLOYD. CCA 20130172.
No. 14-0544/AR. U.S. v. Leonard L. VENTURA. CCA 20120863.
No. 14-0545/AR. U.S. v. Francisco A. PEREZ. CCA 20130390.
No. 14-0546/AF. U.S. v. Cree A. DENNIS. CCA S32115.
No. 14-0547/AF. U.S. v. Kenneth W. LAMBERT II. CCA 38291.
No. 14-0548/AF. U.S. v. Timothy M. MILLER. CCA 38211.
No. 14-0549/AF. U.S. v. David P. ZARE. CCA 38374.
No. 14-0550/AR. U.S. v. Juan A. BOTELLO. CCA 20110743.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No. 14-8013/MC. Daniel J. JIMENEZ, Appellant v. United
States, Appellee. CCA 200900010. On consideration of the writ-appeal petition,
it is ordered that said petition is hereby denied.
INTERLOCUTORY
ORDERS
No. 14-0507/NA. U.S. v. Matthew H. COOK. CCA 201200518. Appellant's second motion to extend time to file the supplement to the petition
for grant of review granted to May 21, 2014.
No. 14-0539/CG. U.S. v. Brandon M. CORRAL. CCA 1373.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to May 14, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-151
Thursday, April 24, 2014
ORDERS
GRANTING PETITION FOR REVIEW
No. 12-0501/AF. U.S. v. Jessica E. MCFADDEN. CCA 37438. Review granted on the following issues:
I.
WHETHER
THE AFCCA
ERRED WHEN IT HELD THAT THE MILITARY JUDGE DID NOT ABUSE HIS DISCRETION BY
FAILING TO EXCUSE FOR CAUSE A COURT MEMBER WHO ACCUSED APPELLANT OF LYING BY
OMISSION BY EXERCISING HER ARTICLE 31(b), UCMJ, RIGHT TO REMAIN SILENT.
II.
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY DENYING DEFENSE COUNSEL'S REQUEST
FOR A MISTRIAL AFTER A COURT MEMBER ACCUSED APPELLANT OF LYING BY OMISSION BY
EXERCISING HER ARTICLE 31(b), UCMJ,
RIGHT TO REMAIN SILENT.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0211/AR. U.S. v. Longino S. DAVIS. CCA 20110576.
No. 14-0276/AF. U.S. v. Gregory D. WATERS. CCA S32075.
No. 14-0296/AR. U.S. v. Paul BEARDEN, Jr. CCA 20110754.
No. 14-0297/AR. U.S. v. Allen D. CHESTNUT. CCA 20120612.
No. 14-0306/AF. U.S. v. Audrey A. JONES. CCA S32099.
No. 14-0311/AF. U.S. v. James R. FAILE. CCA S32098.
No. 14-0319/NA. U.S. v. Donald M. JOHNSON. CCA 201200379.
No. 14-0342/AF. U.S. v. Ronald M.E. DANIEL. CCA 38186.
No. 14-0346/AR. U.S. v. Casey A. GARRISON. CCA 20110545.
No. 14-0419/AR. U.S. v. Jason K. SHANLEY. CCA 20120199.
No. 14-0449/AR. U.S. v. Larry J. WILLIAMS, Jr. CCA 20120341.
No. 14-0482/AR. U.S. v. Ivan A. SANCHEZ. CCA 20130646.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0539/CG. U.S. v. Brandon M. CORRAL. CCA 1373.
No. 14-0540/AR. U.S. v. Dave S. TURNER, Jr. CCA 20120405.
No. 14-0541/AR. U.S. v. Cory E. PIPAL. CCA 20130220.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 14-8016/MC. Lawrence G. HUTCHINS III, Petitioner v.
Michael B. RICHARDSON, Colonel, United States Marine Corps, In his official
capacity as Military Judge, and United States, Respondents. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of mandamus and prohibition was
filed under Rule 27(a) on this date.
INTERLOCUTORY
ORDERS
No. 14-0186/AR. U.S. v. Steven F. GUZMAN II. CCA 20100020. Appellant's motion for leave to file the
petition for reconsideration out of time is denied.
No. 14-0233/AF. U.S. v. Lorin J. GRIGSBY. CCA 38108.
Appellant's motion to supplement the record is denied.
No. 14-0489/AR. U.S. v. O'Neil G. DAVIDSON. CCA 20120103. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted,
up to and including May 2, 2014,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 14-0490/AR. U.S. v. Drondrick D. OLIPHANT. CCA 20110701. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted,
up to and including May 2, 2014,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 14-0494/AR. U.S. v. Alfred E. ESPOSITO. CCA 20120125. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted,
up to and including May 1, 2014,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 14-0536/NA. U.S. v. Griffin J. CHRASTINA. CCA 201200464. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 13, 2014.
MANDATES
ISSUED
No. 13-0601/AF. U.S. v. Korey J. TALKINGTON. CCA 37785.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
14-150
Wednesday, April 23, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0255/MC. U.S. v. Steven V. ROSARIO. CCA 201200502.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0535/AR. U.S. v. Roger B. DUFF. CCA 20120567.
No. 14-0536/NA. U.S. v. Griffin J. CHRASTINA. CCA 201200464.
No. 14-0537/AR. U.S. v. Brandon C. MORROW. CCA 20111135.
No. 14-0538/AR. U.S. v. Zaire A. CONYERS. CCA 20130856.
MISCELLANEOUS
DOCKET – FILINGS
Misc. No. 14-8015/AF. Melvert WASHINGTON, Jr., Appellant v. United States, Appellee. CCA 2013-29. 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.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-149
Tuesday, April 22, 2014
CERTIFICATES
FOR REVIEW FILED
No. 14-5007/AF. U.S. v. Steven S. MORITA. CCA 37838. Notice is hereby given that a certificate for
review of the decision of the United States Air Force Court of Criminal Appeals
was filed under Rule 22 this date on the following issue:
WHETHER THE AIR FORCE COURT OF CRIMINAL
APPEALS ERRED WHEN IT FOUND THE COURT-MARTIAL LACKED SUBJECT MATTER
JURISDICTION AND WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ABUSED ITS
DISCRETION WHEN IT REFUSED TO GRANT THE GOVERNMENT'S MOTION TO SUBMIT
DOCUMENTS.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0252/AR. U.S. v. Lonzell J. THREATS. CCA 20110187.
No. 14-0330/NA. U.S. v. Wayne A. LEWIS, Jr. CCA 201300203.
No. 14-0338/AR. U.S. v. Christopher D. BIRDSONG. CCA 20110440.
No. 14-0339/AF. U.S. v. Dexter J. PAYNE. CCA S32093.
No. 14-0350/NA. U.S. v. Mark J. MUSACCHIO, Jr. CCA 201300145.
No. 14-0374/AF. U.S. v. Daniel R. BACKHUS. CCA 38134.
No. 14-0435/AF. U.S. v. Kenosha R. JOHNSON. CCA 38193.
No. 14-0437/AR. U.S. v. Chad D. BARTSH. CCA 20111104.
No. 14-0443/AR. U.S. v. John L. ALANIS. CCA 20130006.
No. 14-0451/AR. U.S. v. Caleb M. RUNKLE. CCA 20130464.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0533/AR. U.S. v. Dean B. VALLEJO-PACHECO. CCA 20120450.
No. 14-0534/AR. U.S. v. Cory A. CLOPPER. CCA 20130352.
INTERLOCUTORY
ORDERS
No. 14-0528/AF. U.S. v. Abner C. LEPS. CCA S32129. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 12, 2014.
No. 14-0529/NA. U.S. v. Keith C. SALCIDO. CCA 201300143. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 12, 2014.
No. 14-0531/AF. U.S. v. Willliam J. SIGO. CCA 38268. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 12, 2014.
No. 14-0487/AR. U.S. v. Cecil SADDLER, Jr. CCA
20110676. On consideration of 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, but
only up to and including May 6, 2014, and absent extraordinary circumstances, no further extension of
time will be granted in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-148
Monday, April 21, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0406/AR. U.S. v. Patrick A. WRIGHT. CCA 20121075.
No. 14-0459/AF. U.S. v. Kevin A. KENNEDY. CCA 38358.
No. 14-0464/AR. U.S. v. Jose A. PADILLA. CCA 20130125.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0527/AF. U.S. v. David FLORES, Jr. CCA 38382.
No. 14-0528/AF. U.S. v. Abner C. LEPS. CCA S32129.
No. 14-0529/NA. U.S. v. Keith C. SALCIDO. CCA 201300143.
No. 14-0530/AF. U.S. v. William G. POPE. CCA S32132.
No. 14-0531/AF. U.S. v. Willliam J. SIGO. CCA 38268.
No. 14-0532/AF. U.S. v. Brandon T. ROZELL. CCA 38381.
INTERLOCUTORY
ORDERS
No. 09-5003/AF. U.S. v. Brandon T. ROSE. CCA 36508.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to May 8, 2014.
No. 14-0524/MC. U.S. v. Troy B. NORMAN. CCA 201300152. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 8, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-147
Friday, April 18, 2014
CERTIFICATES
FOR REVIEW FILED
No. 14-5006/AF & 14-0283/AF. United States, Appellee/Cross-Appellant v.
Justin M. PIOLUNEK, Appellant/Cross-Appellee. CCA 38099. Notice is hereby
given that a certificate for review of the decision of the Air Force Court of
Criminal Appeals and supporting brief were filed under Rule 22 on the following
issue:
WHETHER THE AIR FORCE COURT OF CRIMINAL
APPEALS ERRED IN FINDING THAT IMAGES 8308, 8313, AND 0870 DID NOT CONSTITUTE
VISUAL DEPICTIONS OF A MINOR ENGAGED IN SEXUALLY EXPLICIT CONDUCT AS A MATTER
OF LAW.
Appellant/Cross-Appellee will file a
brief on both the issue granted review on April 1, 2014, and on the certified
issue on or before May 19, 2014.
Appellee/Cross-Appellant will
file a brief on the granted issue and may consolidate in that brief a reply to
the brief of the Appellant/Cross-Appellee on the certified issue no later
than 30 days after the filing of the brief of Appellant/Cross-Appellee.
Appellant/Cross-Appellee
may file a reply brief on the granted issue no later than 10 days after the
filing of the brief of Appellee/Cross-Appellant
on the granted issue.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 09-5003/AF. U.S. v. Brandon T. ROSE. CCA 36508.*
No. 14-0524/MC. U.S. v. Troy B. NORMAN. CCA 201300152.
No. 14-0525/AR. U.S. v. Jacob S. RIDDICK. CCA 20120222.
No. 14-0526/AR. U.S. v. Christopher N. SHELL. CCA 20120264.
_________________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-146
Thursday, April 17, 2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0521/MC. U.S. v. Kenneth R. ROBINSON III. CCA 201300476.
No. 14-0522/AR. U.S. v. Rudy A. VILLASANA. CCA 20120249.
No. 14-0523/AR. U.S. v. Sheldon R. LYNCH. CCA 20110827.
INTERLOCUTORY
ORDERS
No. 14-0001/AR. U.S. v. George D. MACDONALD. CCA 20091118. Appellee's motion for an increase to the
page and word limits is denied.
No. 14-5005/AF.
United States, Appellant v. Todd E. MCDOWELL, Appellee and Christopher
A. DEMARIO, Real Party In
Interest. CCA 2013-28. On consideration
of the Real Party in Interest's motion for an extension of time to file an
answer, it is ordered that said motion is hereby granted to April 28, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-145
Wednesday, April 16, 2014
APPEALS -
SUMMARY DISPOSITIONS
No. 14-0230/AR. U.S. v. Samuel R. SPOTTS. CCA 20111144. On further consideration of the granted issue,
73 M.J. __ (C.A.A.F. Jan. 16, 2014), and the briefs of the parties, it is
ordered that the decision of United States Army Court of Criminal Appeals is
affirmed.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0519/AR. U.S. v. Cerion R. ALLEN. CCA 20120742.
No. 14-0520/AR. U.S. v. Curtis E. LACEFIELD. CCA 20120598.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-144
Tuesday, April 15, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0180/AF. U.S. v. Jeremy R. LYSON. CCA 38067.
No. 14-0213/AF. U.S. v. Christopher J. MARTIN. CCA 38222.
No. 14-0214/AF. U.S. v. Danny W. NEWTON. CCA 37882.
No. 14-0440/AR. U.S. v. Michael J. DELP. CCA 20120688.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0517/AR. U.S. v. Kevin J. WILLIAMS. CCA 20130470.
No. 14-0518/AR. U.S. v. Justin A.J. FREY. CCA 20120227.
INTERLOCUTORY
ORDERS
No. 14-0001/AR. U.S. v. George D. MACDONALD. CCA 20091118. Appellee's motion to extend time to file a
brief granted, but only up to and including April 25, 2014, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 14-0449/AR. U.S. v. Larry J. WILLIAMS, Jr. CCA 20120341. Appellant's motion to correct errata is
granted.
No. 14-0472/AR. U.S. v. Daniel MCKELLER. CCA 20120370. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, up to and including
April 29, 2014, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0512/AF. U.S. v. Christopher B JAGASSAR. CCA 38228.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to May 5, 2014.
No. 14-0513/AF. U.S. v. Elis M. LASALLE. CCA 38323.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to May 5, 2014.
No. 14-0514/AF. U.S. v. Holly M. DICKINSON. CCA S32134.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to May 5, 2014.
No. 14-0516/AR. U.S. v. Colby R. ADAMS. CCA 20111009. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 5, 2014.
No. 14-6008/AF. U.S. v. Steven E. SETON. CCA 2013-27. On consideration of Appellant's motion to
return Appellee's
non-compliant answer, said answer was returned by the Court to the Appellee
for correction and a corrected answer has been filed. Accordingly, it is ordered that said motion
is hereby denied as moot.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-143
Monday, April 14, 2014
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0261/AR. U.S. v. Elliot M. CARRASQUILLO. CCA 20110719. Review granted on the following issue:
WHETHER
THE MILITARY JUDGE ERRED IN FAILING TO SUPPRESS STATEMENTS TAKEN FROM APPELLANT
IN VIOLATION OF ARTICLE 31(b), UCMJ.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0509/AR. U.S. v. Steven W. ALLEN. CCA 20120859.
No. 14-0510/AR. U.S. v. Michael A. TORRES. CCA 20130474.
No. 14-0511/AF. U.S. v. Clayton A. BIEHUNKO. CCA S32117.
No. 14-0512/AF. U.S. v. Christopher B JAGASSAR. CCA 38228.
No. 14-0513/AF. U.S. v. Elis M. LASALLE. CCA 38323.
No. 14-0514/AF. U.S. v. Holly M. DICKINSON. CCA S32134.
No. 14-0515/AF. U.S. v. William C. GURNEY. CCA 37905.
No. 14-0516/AR. U.S. v. Colby R. ADAMS. CCA 20111009.
INTERLOCUTORY
ORDERS
No. 14-0507/NA. U.S. v. Matthew H. COOK. CCA 201200518. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 1, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-142
Friday, April 11, 2014
CERTIFICATES
FOR REVIEW FILED
No. 14-5005/AF. U.S., Appellant v. Lieutenant Colonel Todd E.
MCDOWELL, Appellee
and Senior Airman Christopher A. DEMARIO, Real Party In Interest. CCA 2013-28. Notice is hereby given that a certificate for
review of the decision of the United States Air Force Court of Criminal Appeals
was filed under Rule 22 this date on the following issues:
WHETHER THE AIR FORCE
COURT OF CRIMINAL APPEALS ERRED WHEN IT DENIED THE UNITED STATES' PETITION FOR
EXTRAORDINARY RELIEF AND FOUND THE MILITARY JUDGE'S RULINGS DID NOT CONSTITUTE
A JUDICIAL USURPATION OF POWER AND WERE NOT CHARACTERISTIC OF AN ERRONEOUS
PRACTICE WHICH IS LIKELY TO RECUR.
WHETHER THIS
HONORABLE COURT SHOULD ORDER THE MILITARY JUDGE TO REVERSE HIS DECISIONS TO
ORDER AN ORAL DEPOSITION OF B.B.
AND TO RE-OPEN THE ARTICLE 32 PRETRIAL INVESTIGATION.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0410/AF. U.S. v. Adam D. YUNDT. CCA 38059.
No. 14-0426/AR. U.S. v. Jeremy D. WAITE. CCA 20121015.
No. 14-0446/AR. U.S. v. Ikejoe E. TIMBREZA. CCA 20120722.
No. 14-0450/AR. U.S. v. Aljamar S. WARD. CCA 20120238.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0507/NA. U.S. v. Matthew H. COOK. CCA 201200518.
No. 14-0508/AR. U.S. v. Jeffrey L. MATHIS. CCA 20130637.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-141
Thursday, April 10, 2014
INTERLOCUTORY
ORDERS
No. 14-0493/AR. U.S. v. William J. GRIMES. CCA 20100720. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 23, 2014.
No. 14-0494/AR. U.S. v. Alfred E. ESPOSITO. CCA 20120125. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 28, 2014.
No. 14-0495/AR. U.S. v. Matthew R. ADAMS, Jr. CCA 20110503. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 28, 2014.
MANDATES
ISSUED
No. 13-0570/AF. U.S. v. Steven A. DANYLO. CCA 37916.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-140
Wednesday, April 9, 2014
HEARINGS
No. 14-0071/AR. U.S. v. Travis D. JONES. CCA 20110679.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0172/AR. U.S. v. Daniel M. MCGINN. CCA 20100962.
No. 14-0321/AR. U.S. v. Gordon E. PAULSON. CCA 20130478.
No. 14-0359/AR. U.S. v. Korey G. HUFF. CCA 20120038.
No. 14-0399/AF. U.S. v. Casey K. FLETCHER. CCA S32077.
No. 14-0412/AF. U.S. v. Jude N.J. PARSONS. CCA S32109.
No. 14-0417/AR. U.S. v. Brendan D. THOMPSON. CCA 20111176.
No. 14-0422/AR. U.S. v. Jeffery I. HINZMAN. CCA 20120441.
No. 14-0427/AF. U.S. v. Jason R. BARNES. CCA 38349.
No. 14-0442/AR. U.S. v. Latoya J. CHOICE. CCA 20130009.
No. 14-0444/AR. U.S. v. Joseph A. ECKELS. CCA 20130131.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0504/AF. U.S. v. Juan J. BASABE. CCA 38277.
No. 14-0505/AR. U.S. v. Martin L. CARROLL. CCA 20111158.
No. 14-0506/MC. U.S. v. Michael W. LOIACONO. CCA 201200451.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-139
Tuesday, April 8, 2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0497/AR. U.S. v. Jerrod D. GADDIS. CCA 20120157.
No. 14-0498/AR. U.S. v. Christopher L. BERGSTROM. CCA 20120692.
No. 14-0499/AR. U.S. v. Denari O. PETERS. CCA 20130645.
No. 14-0500/AR. U.S. v. Adrienne V. TAUAESE. CCA 20120176.
No. 14-0501/AR. U.S. v. Curtis R. LONG. CCA 20110114.
No. 14-0502/MC. U.S. v. Anthony J. ALDONIS. CCA 201300306.
No. 14-0503/AR. U.S. v. Adam R. DEROSIER. CCA 20120733.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-138
Monday, April 7, 2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0494/AR. U.S. v. Alfred E. ESPOSITO. CCA 20120125.
No. 14-0495/AR. U.S. v. Matthew R. ADAMS, Jr. CCA 20110503.
No. 14-0496/AR. U.S. v. Ivan U. SUAREZ. CCA 20110703.
MANDATES
ISSUED
No. 13-0565/AR. U.S. v. Christopher R. KEARNS. CCA 20110348.
No. 14-0009/AR. U.S. v. Jesus GUTIERREZ, Jr. CCA 20120104.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-137
Friday, April 4, 2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0493/AR. U.S. v. William J. GRIMES. CCA 20100720.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-136
Thursday, April 3, 2014
APPEALS -
SUMMARY DISPOSITIONS
No. 14-0256/AR. U.S. v. Jeffry T. MILLER. CCA 20110406. 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, that 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 portion of the
promulgating order referencing the amended language in the Specification of the
Charge be corrected to allege: "[Prior to Pleas, the date '15 October
2008' was amended to read, '15 September 2008'. . ."
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0048/AR. U.S. v. Jason C. WAGNER. CCA 20111064. Review granted on
the following issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE FAILED TO INSTRUCT THE PANEL
MEMBERS THAT WRONGFUL SEXUAL CONTACT AND ASSAULT CONSUMMATED BY BATTERY ARE
LESSER-INCLUDED OFFENSES OF AGGRAVATED SEXUAL ASSAULT.
No briefs will be
filed under Rule 25.
No. 14-0256/AR. U.S. v. Jeffry T. MILLER. CCA 20110406. [See also
APPEALS-SUMMARY DISPOSITIONS this date]
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0697/AR. U.S. v. Patrick R. CRISWELL. CCA 20110560.
No. 14-0269/AF. U.S. v. Jeffery M. BULLER. CCA 38145.
No. 14-0381/AF. U.S. v. Ryan P. EVANS. CCA 38218.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0488/AR. U.S. v. James D. GALLUP. CCA 20130098.
No. 14-0489/AR. U.S. v. O'Neil G. DAVIDSON. CCA 20120103.
No. 14-0490/AR. U.S. v. Drondrick D. OLIPHANT. CCA 20110701.
No. 14-0491/AR. U.S. v. Jacob T. NEMETH. CCA 20120653.
No. 14-0492/MC. U.S. v. Reco D. COLE. CCA 201300318.
INTERLOCUTORY
ORDERS
No. 14-0071/AR. U.S. v. Travis D. JONES. CCA 20110679. Appellant's motion to file a corrected brief
is granted.
No. 14-0461/AR. U.S. v. Stephen M. CHAPMAN. CCA 20120740. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted, up
to and including April 18, 2014, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0463/AR. U.S. v. Bryan S. CERRITOS. CCA 20120192. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, up to and including
April 23, 2014, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0487/AR. U.S. v. Cecil SADDLER, Jr. CCA 20110676. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 21, 2014.
No. 14-0489/AR. U.S. v. O'Neal G. DAVIDSON. CCA 20120103. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 23, 2014.
No. 14-0490/AR. U.S. v. Drondrick D. OLIPHANT. CCA 20110701. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 23, 2014.
No. 14-0492/MC. U.S. v. Reco D. COLE. CCA 201300318. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 23, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-135
Wednesday, April 2, 2014
CERTIFICATES
FOR REVIEW FILED
No. 14-6008/AF. U.S., Appellant v. Steven E. SETON,
Appellee. CCA 2013-27. Notice is hereby
given that a certificate for review of the decision of the United States Air
Force Court of Criminal Appeals was filed under Rule 22 this date on the
following issue:
WHETHER THE MILITARY
JUDGE ABUSED HIS DISCRETION BY DISMISSING WITH PREJUDICE THE CHARGE AND
SPECIFICATION BASED ON ALLEGED GOVERNMENTAL VIOLATIONS OF ARTICLE 46, UCMJ,
R.C.M.
701, AND R.C.M.
703.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0524/AF. U.S. v. Senator G. NEGRON. CCA 37754.
No. 13-0595/AF. U.S. v. Phillip T. BURLEIGH. CCA 37652.
No. 14-0340/AF. U.S. v. Joseph B. TAPP. CCA S32085.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0487/AR. U.S. v. Cecil SADDLER, Jr. CCA 20110676.
PETITIONS
FOR RECONSIDERATION DENIED
No. 14-0226/NA. U.S. v. Ricky L. BROWN. CCA 201300020. On consideration of Appellant's petition for
reconsideration of the Court's order issued on March 11, 2014, it is ordered
that said petition for reconsideration is hereby denied.
INTERLOCUTORY
ORDERS
No. 14-5003/AF &
13-0157/AF. U.S., Appellant and Cross-Appellee v. Jimmy L. WILSON,
Appellee and
Cross-Appellant. CCA 37897. On consideration of Appellee/Cross
Appellant's motion to extend time to file the supplement to the petition for
grant of review, it is ordered that said motion is hereby granted to April 21,
2014.
No. 14-0199/AR. U.S. v. Bryce M. PHILLIPS. CCA 20120585. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 21, 2014.
No. 14-0456/MC. U.S. v. Alex J. DURAN. CCA 201200440. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted,
up to and including April 18, 2014,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-134
Tuesday, April 1, 2014
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0283/AF. U.S. v. Justin M. PIOLUNEK. CCA 38099. Review granted on
the following issue:
WHETHER APPELLANT'S CONVICTIONS
FOR POSSESSION AND RECEIPT OF CHILD PORNOGRAPHY ON DIVERS OCCASIONS MUST BE SET
ASIDE BECAUSE SEVERAL IMAGES OFFERED IN SUPPORT OF THE SPECIFICATIONS ARE NOT
CHILD PORNOGRAPHY AND ARE CONSTITUTIONALLY PROTECTED, A GENERAL VERDICT WAS
ENTERED, AND IT IS IMPOSSIBLE TO DETERMINE WHETHER SAID IMAGES CONTRIBUTED TO
THE VERDICT.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0303/AR. U.S. v. Michael A. CERAMI. CCA 20130205.
No. 14-0382/AF. U.S. v. Marcus C. DANIELS. CCA S32105.
No. 14-0398/AF. U.S. v. Herbert T. MULLENS III. CCA 38278.
No. 14-0407/AF. U.S. v. Patrick D. QUINSLAND. CCA 38335.
No. 14-0414/AR. U.S. v. John P. YOUNG. CCA 20110456.
No. 14-0429/AR. U.S. v. Dennis R. DREW II. CCA 20130265.
No. 14-0432/AR. U.S. v. David T. NEWMAN. CCA 20121114.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0157/AF. U.S. v. Jimmy L. WILSON. CCA 37897.*
No. 14-0199/AR. U.S. v. Bryce M. PHILLIPS. CCA 20120585.*
No. 14-0485/AR. U.S. v. Dakota M. WOLF. CCA 20120385.
No. 14-0486/AR. U.S. v. Ryan A. REED. CCA 20110485.
No. 14-6007/AF. U.S. v. Dex E. YARBER. CCA 2013-25.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No. 14-8011/AR. John Edmond HATLEY, Appellant v.
United States, Appellee. CCA 20131070. On consideration of the writ-appeal petition,
it is ordered that said petition is hereby denied.
PETITIONS
FOR RECONSIDERATION DENIED
No. 14-0114/NA. U.S. v. Justin h. MCMURRIN. CCA 200900475. On consideration of Appellant's petition for
reconsideration of the Court's order issued on February 28, 2014, it is ordered
that said petition for reconsideration is hereby denied.
INTERLOCUTORY
ORDERS
No. 14-0448/AR. U.S. v. Anthony M. STANCZYK. CCA 20110438. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted,
up to and including April 14, 2014,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 14-0477/NA. U.S. v. Warren J. WHITE. CCA 201300115. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 16, 2014.
No. 14-0483/AF. U.S. v. Steven J. HOLSEY. CCA 38306.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to April 21, 2014.
MANDATES
ISSUED
No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08.
_____________________________________
* Second petition filed in this case.
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