UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-175
Friday, May 30, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0544/AR. U.S. v. Leonard L. VENTURA. CCA 20120863.
No. 14-0556/AF. U.S. v. Justin J. LYLE. CCA S32147.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0631/AR. U.S. v. Kenneth W. BROGAN. CCA 20130419.
No. 14-0632/MC. U.S. v. Bruno J. RUSSELL. CCA 201300208.
No. 14-0633/AF. U.S. v. Dustin A. MILLER. CCA 37869.
No. 14-0634/AR. U.S. v. Christopher T.
FRASER. CCA 20130124.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-174
Thursday, May 29,
2014
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0453/AR. U.S. v. James S. PIREN. CCA 20110416.
Review granted on the following issues:
I. WHETHER THE MILITARY JUDGE ABUSED HER
DISCRETION BY OVERRULING THE DEFENSE COUNSEL'S SCOPE OBJECTION DURING THE
GOVERNMENT'S CROSS-EXAMINATION OF APPELLANT.
II. WHETHER THE MILITARY JUDGE ERRED BY DENYING
THE MOTION TO SUPPRESS RESULTS OF THE DNA ANALYSIS.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0394/AR. U.S. v. Richard A. BOURNE. CCA 20120481.
No. 14-0537/AR. U.S. v. Brandon C. MORROW. CCA 20111135.
No. 14-0538/AR. U.S. v. Zaire A. CONYERS. CCA 20130856.
No. 14-0543/AR. U.S. v. Jon M. LLOYD. CCA 20130172.
No. 14-0545/AR. U.S. v. Francisco A. PEREZ. CCA 20130390.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0626/AR. U.S. v. Stephen T. COLLIER. CCA 20120554.
No. 14-0627/AR. U.S. v. Derrick J. STOGNER. CCA 20130449.
No. 14-0628/AR. U.S. v. Paul J. BREWINGTON. CCA 20120372.
No. 14-0629/AR. U.S. v. Vicente C. TORRES. CCA 20111168.
No. 14-0630/AR. U.S. v. Branden G.
WHITFIELD. CCA
20110578.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 14-8017/AF. Charles A. WILSON III, Appellant v. United
States, and Colonel Christopher Hill, in his official capacity as Commander, 78th
Air Base Wing, United States Air Force, Appellees. CCA 2014-01. On
consideration of the writ-appeal petition, it is ordered that said petition is
hereby denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-173
Wednesday, May 28,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0621/AR. U.S. v. Michael C.
MCFADDEN. CCA
20130276.
No. 14-0622/AR. U.S. v. Mickey B. KEEN. CCA 20130473.
No. 14-0623/AR. U.S. v. Jacob T. MANDELKE. CCA 20121148.
No. 14-0624/AR. U.S. v. Federico J.
TENNYSON. CCA
20130010.
No. 14-0625/AR. U.S. v. David W. OLIVER. CCA 20110986.
MISCELLANEOUS
DOCKET FILINGS
INTERLOCUTORY
ORDERS
No. 14-0503/AR. U.S. v. Adam R. DEROSIER. CCA 20120733. Appellant's motion to file the supplement to
the petition for grant of review out of time granted.
No. 14-0615/MC. U.S. v. Xavier E.
RAMIREZ-EMPUNO. CCA 201300190. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 12, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-172
Tuesday, May 27, 2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0616/AR. U.S. v. Keith R. HAWKINS. CCA 20120070.
No. 14-0617/NA. U.S. v. Curtis A. SMITH. CCA 201300223.
No. 14-0618/AR. U.S. v. Herman T. BAYLESS. CCA 20120153.
No. 14-0619/AR. U.S. v. Aaron J. TWINAM. CCA 20120384.
No. 14-0620/AR. U.S. v. Dewade E.
WILSON. CCA 20120908.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-171
Friday, May 23, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0282/MC. U.S. v. Nathan G. SYMANSKY. CCA 201300123.
No. 14-0408/AR. U.S. v. Luis RODRIGUEZ III. CCA 20120063.
No. 14-0486/AR. U.S. v. Ryan A. REED. CCA 20110485.
No. 14-0530/AF. U.S. v. William G. POPE. CCA S32132.
No.
14-0533/AR. U.S. v. Dean B.
VALLEJO-PACHECO. CCA 20120450.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0613/CG. U.S. v. David R. THOMS. CCA 1370.
No. 14-0614/AR. U.S. v. Jason A. PRICE. CCA 20121003.
No.
14-0615/MC. U.S. v. Xavier E.
RAMIREZ-EMPUNO. CCA 201300190.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No. 14-8015/AF. Melvert WASHINGTON, Jr.,
Appellant v. United States, Appellee.
CCA 2013-29. On consideration of
the writ-appeal petition, it is ordered that said petition is hereby denied.
INTERLOCUTORY
ORDERS
No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellant's motion to extend time to file a
reply brief granted to June 12, 2014.
No. 14-0003/AF. U.S. v. Allen K.
HOHENSTEIN. CCA
37965. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to June 9, 2014.
No. 14-0604/NA. U.S. v. Donald J.
MCALLISTER. CCA 201300086. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 9, 2014.
No. 14-0611/AR. U.S. v. Zachary D. NIX. CCA 20120347. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 10, 2014.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 14-170
Thursday,
May 22, 2014
APPEALS
- SUMMARY DISPOSITIONS
No. 14-0413/AF. U.S. v. Jason A. PATE.
CCA
38250. On consideration of the petition for grant of
review of the decision of the United States Air Force Court of Criminal
Appeals, we conclude that the assault consummated by battery offense
(Specification 2 of Charge I) involving rib fractures is a lesser included
offense of the aggravated assault offense in which grievous bodily harm was
intentionally inflicted (Specification 2 of Charge II). See United States v. Jones, 68 M.J. 465, 468 (C.A.A.F. 2010). Compare
Manual for Courts-Martial, United States pt. IV, para.
¶ 54.b.(2) (2008 ed.) (MCM) with MCM pt. IV, para. 54.b.(4)(b)(i), (iii). We also
conclude that the assault consummated by battery offense involving liver damage
(Specification 4 of Charge I) is a lesser included offense of the aggravated
assault by other means offense (Specification 1 of Charge II). See Jones, 68 M.J. at 468. Compare
MCM pt. IV, para. 54.b.(2) with MCM pt. IV, para. 54.b.(4)(a)(i), (iii). We
finally conclude that the aggravated assault by other means offense involving
head injuries (Specification 4 of Charge II) is a lesser included offense of
the maiming offense (Specification 1 of Charge I). See Jones, 68 M.J. at 468; see also United States v. McLean,
70 M.J. 573, 576 (A.F. Ct.
Crim. App. 2011). These specifications
therefore are impermissibly multiplicious. See United States v. Palagar, 56 M.J. 294,
296 (C.A.A.F. 2002); see also Brown v. Ohio,
432 U.S. 161, 165-69 (1977). Thus,
we dismiss the assault consummated by battery offenses and the aggravated
assault by other means offense involving head injuries. See United States v. Leak, 61 M.J. 234, 249 (C.A.A.F. 2005).
However, where the military judge found these offenses multiplicious for sentencing and because Appellant does not
ask us to remand for a sentence reassessment, we will not reverse as to the
sentence. Accordingly, it is ordered
that the petition is granted on the following issue: [See also ORDERS GRANTING
PETITION for review.]
WHETHER THE AIR FORCE
COURT OF CRIMINAL APPEALS ERRED BY AFFIRMING THE FINDINGS WHEN THREE
CONVICTIONS WERE LESSER INCLUDED OFFENSES OF THREE OTHER CONVICTIONS.
The decision of the
United States Air Force Court of Criminal Appeals is reversed as to
Specifications 2 and 4 of Charge I and Specification 4 of Charge II, but is
affirmed in all other respects. The
findings of guilty as to Specifications 2 and 4 of Charge I and Specification 4
of Charge II are set aside, and these specifications are dismissed.
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0413/AF. U.S. v. Jason A. PATE. CCA 38250. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-169
Wednesday, May 21,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0610/AR. U.S. v. Ira N. MIDDLETON. CCA 20130809.
No. 14-0611/AR. U.S. v. Zachary D. NIX. CCA 20120347.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-168
Tuesday, May 20, 2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0003/AF. U.S. v. Allen K. HOHENSTEIN. CCA 37965.*
No. 14-0607/AR. U.S. v. Jonathan A.
SANTIAGO. CCA 20121162.
No. 14-0608/AR. U.S. v. Sebastian P.
FLORES. CCA 20130180.
No. 14-0609/AR. U.S. v. Brandon M.
ANDERSON. CCA 20110504.
No. 14-0612/AF. U.S. v. Christopher A.
Evans. CCA
S32154.
________________________________
* Second petition filed in
this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-167
Monday, May 19, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0517/AR. U.S. v. Kevin J. WILLIAMS. CCA 20130470.
No. 14-0520/AR. U.S. v. Curtis E. LACEFIELD. CCA 20120598.
No. 14-0521/MC. U.S. v. Kenneth R. ROBINSON
III. CCA 201300476.
No. 14-0525/AR. U.S. v. Jacob S. RIDDICK. CCA 20120222.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0166/AF. U.S. v. Brittany N. OLSON. CCA S32034.*
No. 14-0600/AR. U.S. v. David J. MALLAR,
Jr. CCA
20130523.
No. 14-0601/AR. U.S. v. Bryan A. HENRIQUEZ. CCA 20130272.
No. 14-0602/AR. U.S. v. Maurice BARNES. CCA 20130613.
No. 14-0603/AR. U.S. v. Ryan R. MCINTYRE. CCA 20130374.
No. 14-0604/NA. U.S. v. Donald J.
MCALLISTER. CCA
201300086.
No. 14-0605/AR. U.S. v. Ian C.
SEMENIUK-HAUSER. CCA 20110976.
No. 14-0606/AF. U.S. v. Alan J. LINDGREN. CCA 38299.
INTERLOCUTORY
ORDERS
No. 14-0550/AR. U.S. v. Juan A. BOTELLO. CCA 20110743. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, up
to and including June 3, 2014, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0594/NA. U.S. v. Niclous
P. HOWARD. CCA 201300289. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 5, 2014.
No. 14-8018/AF. Sean M. OLIVER, Appellant v. United States,
and Brigadier General Patrick X. Mordente, in his
official capacity as, Commander, 86th Air Base Wing, United States
Air Force, Appellees.
CCA
2014-04. Appellant's motion to
correct errata is granted.
_____________________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-166
Friday, May 16, 2014
APPEALS
- SUMMARY DISPOSITIONS
No. 14-0236/AF. U.S. v. Horace C. WICKWARE. CCA 38074.
On
consideration of the petition for grant of review of the decision of the United
States Air Force Court of Criminal Appeals, the Court notes that the
involuntary manslaughter and negligent homicide offenses were charged in the
alternative to the unpremeditated murder offense. As Appellant was convicted of the
unpremeditated murder offense, his convictions for involuntary manslaughter and
negligent homicide must be dismissed on appeal.
In light of the military judge's instruction to the court members that
the three offenses were multiplicious for sentencing, however, Appellant was
not prejudiced as to the sentence.
Accordingly, it is ordered
that the petition is granted on the following specified issue: [See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0236/AF. U.S. v. Horace C. WICKWARE. CCA 38074.
[See also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0594/NA. U.S. v. Niclous P. HOWARD. CCA 201300289.
No. 14-0595/AF. U.S. v. Joshua L. PYFFER. CCA 38411.
No. 14-0596/AF. U.S. v. Chasare D. JACKSON. CCA 38244.
No. 14-0597/AR. U.S. v. Luis M. SERRANO,
Jr. CCA
20130221.
No. 14-0598/AF. U.S. v. Kyle W. LIGHTNER. CCA 38253.
No. 14-0599/MC. U.S. v. Cassidy L. BLACK. CCA 201300292.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-165
Thursday, May 15,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0352/AF. U.S. v. Adam G. JOHNSEN. CCA S32057.
No. 14-0471/AR. U.S. v. Jamaal LEWIS. CCA 20111166.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0616/AR. U.S. v. Timothy E. BENNITT. CCA 20100172.*
No. 14-0589/AR. U.S. v. Alvin PATTERSON. CCA 20121146.
No. 14-0590/AR. U.S. v. Christian L.
SCHMIERER. CCA 20121112.
No. 14-0591/AR. U.S. v. Tori L. WALKER. CCA 20120895.
No. 14-0592/AR. U.S. v. Cleveland J. LEWIS. CCA 20110350.
No. 14-0593/AR. U.S. v. Wesley J. STEWART. CCA 20120614.
INTERLOCUTORY
ORDERS
No. 14-0261/AR. U.S. v. Elliot M.
CARRASQUILLO. CCA
20110719. Appellant's motion to extend time to file a brief granted, up
to and including May 21, 2014, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0415/AR. U.S. v. William E. NEWTON,
Jr. CCA 20110499.
Appellant's motion to file the
supplement to the petition for grant of review out of time granted.
___________________________________
*
Second
petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-164
Wednesday, May 14,
2014
HEARINGS
No. 14-0265/CG. U.S. v. Jaason LEAHR. CCA 1365.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0588/AR. U.S. v. Craig E. JOSEPH. CCA 20130089.
INTERLOCUTORY
ORDERS
No. 14-0551/NA. U.S. v. Michael N. BELL. CCA 201200517. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted,
up to and including June 9, 2014,
and no further extension of time will
be granted in this case.
No. 14-0585/AF. U.S. v. Jasper C. BROOKS
III. CCA 38245.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to June 2,
2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-163
Tuesday, May 13, 2014
HEARINGS
No. 14-0001/AR. U.S. v. George D.
MACDONALD. CCA 20091118.
No. 14-0280/AR. U.S. v. Michael L. TREAT. CCA 20110402.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0335/AR. U.S. v. Teakell
D. SMITH. CCA 20110401.
No. 14-0356/AR. U.S. v. Steven G. HOWSAM. CCA 20120205.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0585/AF. U.S. v. Jasper C. BROOKS
III. CCA 38245.
No. 14-0586/AF. U.S. v. Richard M.
CHERUBINI, Jr. CCA 38292.
No. 14-0587/AR. U.S. v. Bernard H.
FERGUSON. CCA 20130630.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-162
Monday, May 12, 2014
APPEALS
- SUMMARY DISPOSITIONS
No. 14-0379/AR. U.S. v. Vincent J. UMHOLTZ. CCA 20111013.
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
promulgating order be corrected to reflect that the military judge found
Additional Charge II and its Specification and Specification 2 of Charge II
multiplicious for findings and sentence.
No. 14-0532/AF. U.S. v. Brandon T. ROZELL. CCA 38381.
On consideration of the petition for grant of review of the decision of
the United States Air Force Court of Criminal Appeals, it is ordered that said
petition is hereby granted, and the decision of the United States Air Force
Court of Criminal Appeals is affirmed.*
[See also ORDERS GRANTING PETITION FOR
REVIEW this date.]
* It is directed
that the promulgating order be corrected to (1) change the pleas to Charges I
and II from "Not Guilty" to "Guilty," (2) change the finding to Charge I from
"Dismissed after arraignment" to "Guilty," and (3) spell the word
"specification" correctly in specification 1 of Charge I.
No. 14-0542/NA. U.S. v. Dominique YORK. CCA 201300287.
On consideration of the petition for grant of review of the decision of
the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that
said petition is hereby granted, and the decision of the United States
Navy-Marine Corps Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING
PETITION FOR REVIEW this date.]
* It is directed that the
decision of the United States Navy-Marine Corps Court of Criminal Appeals be
corrected to reflect that Appellant pled not guilty to Specification 2 of Charge
II and this specification was withdrawn prior to announcement of findings vice
Specification 1 of Charge II.
No. 14-6005/AF. U.S. v. Jacob R. MCINTYRE.
CCA 2013-24. On consideration of the issue certified by
the Judge Advocate General of the Air Force, 73 M.J. __ (C.A.A.F. Daily Journal
Mar. 18, 2014), Appellee's motion to supplement the record, and Appellant's
motion to supplement the record, we conclude that the military judge did not
abuse his discretion in granting the motion to suppress Appellee's oral and
written statements for lack of corroboration.
Accordingly, it is ordered that the motions to
supplement the record are granted; the certified issue is answered in the
negative; and the decision of the United States Air Force Court of Criminal
Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
* Chief Judge Baker would
have held oral argument before deciding this case.
No. 14-6008/AF. U.S. v. Steven E. SETON.
CCA 2013-27. On consideration of the issue certified by
the Judge Advocate General of the Air Force, 73 M.J. __ (C.A.A.F. Daily Journal
Apr. 2, 2014), and Appellee's motion to supplement the record, we conclude that
the military judge did not abuse his discretion in finding a Rule for
Courts-Martial 703 violation and dismissing the Charge and Specification with
prejudice. Accordingly, it is ordered
that the motion to supplement the record is granted; the certified issue is
answered in the negative; and the decision of the United States Air Force Court
of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
* Chief Judge Baker and Judge Ohlson would
have held oral argument before deciding this case.
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0379/AR. U.S. v. Vincent J. UMHOLTZ. CCA 20111013. [See also APPEALS-SUMMARY DISPOSITIONS this
date.]
No. 14-0384/AF. U.S. v. Patrick J. HUEY,
Jr. CCA 38139. Review granted on the following issue:
WHETHER
THE GENERAL VERDICT OF GUILT RESTED ON CONDUCT THAT WAS CONSTITUTIONALLY
PROTECTED, IN THAT AT LEAST ONE OF THE IMAGES PRESENTED TO THE FINDER OF FACT
WAS NOT CHILD PORNOGRAPHY.
Briefs
will be filed under Rule 25.
No. 14-0532/AF. U.S. v. Brandon T. ROZELL. CCA 38381. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No. 14-0542/NA. U.S. v. Dominique YORK.
CCA
201300287. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No. 14-6005/AF. U.S. v. Jacob R. MCINTYRE. CCA 2013-24. [See also
APPEALS-SUMMARY DISPOSITIONS this date.]
No. 14-6008/AF. U.S. v. Steven E. SETON. CCA 2013-27. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0579/MC. U.S. v. Joseph C. BOYD. CCA 201300302.
No. 14-0580/AF. U.S. v. Derek W. BRYANT. CCA 38405.
No. 14-0581/AR. U.S. v. Sean M. HALL. CCA 20130178.
No. 14-0582/AR. U.S. v. Sean P. MCKENDRICK. CCA 20120351.
No. 14-0583/AR. U.S. v. Christopher E.
CABRERA. CCA
No. 14-0584/AR. U.S. v. Gregory A. MARTIN. CCA 20110345.
INTERLOCUTORY
ORDERS
No. 14-0348/AF. U.S. v. Michael C.
MCPHERSON. CCA S 32068. On consideration of the motion filed by Major Zaven T. Saroyan to withdraw as
appellate defense counsel, it appears that the Judge Advocate General has
assigned another counsel to represent Appellant and that the new attorney has
assumed the representation of said Appellant.
Accordingly, it is ordered that said motion
is hereby granted.
No. 14-0529/NA. U.S. v. Keith C. SALCIDO. CCA 201300143. 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 May 27,
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. 14-161
Friday, May 9, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0476/AR. U.S. v. Kevin J. RYAN. CCA 20120488.
No. 14-0499/AR. U.S. v. Denari O. PETERS. CCA 20130645.
No. 14-0502/MC. U.S. v. Anthony J. ALDONIS. CCA 201300306.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 14-8018/AF. Sean M. OLIVER, Appellant v. United States,
and Brigadier General Patrick X. Mordente, in his official capacity as,
Commander, 86th Air Wing Base, United States Air Force,
Appellees. CCA
2014-04. Notice is hereby given
that a writ-appeal petition for review of the United States Air Force Court of
Criminal Appeals decision 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. 14-160
Thursday, May 8, 2014
APPEALS -
SUMMARY DISPOSITIONS
No. 14-0439/AF. U.S. v. Alain R. HICKS.
CCA 38191. On consideration of the petition for grant of
review of the decision of the United States Air
Force Court of Criminal Appeals, it is ordered that said
petition is hereby granted, and the
decision of the United States Air Force Court of Criminal Appeals is affirmed.* [See ORDERS GRANTING PETITION FOR REVIEW this
date.]
* It is noted that the decision of the United
States Air Force Court of Criminal Appeals stated that Appellant was convicted
of "five specifications of wrongful use of a controlled substance" and "three
specifications of wrongful possession of a controlled substance" when in fact
Appellant was convicted of six specifications of wrongful use and two
specifications of wrongful possession.
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0348/AF & 14-5002/AF. U.S. v. Michael C. MCPHERSON. CCA S32068.
Review granted on the following issue:
THERE IS A SPLIT IN THE SERVICE COURTS. IN THIS CASE AND AT LEAST 10 UNPUBLISHED
CASES, THE AIR FORCE COURT OF CRIMINAL APPEALS (AFCCA) HAS HELD THAT AN
APPELLANT MUST EXHAUST ADMINISTRATIVE REMEDIES BEFORE RELIEF CAN BE GRANTED
UNDER ARTICLE 12, UCMJ. NO OTHER SERVICE COURT HAS HELD THE
SAME. GIVEN THE LEGISLATIVE HISTORY OF
ARTICLE 12, UCMJ, DID THE AFCCA ERR WHEN IT REQUIRED APPELLANT TO EXHAUST
ADMINISTRATIVE REMEDIES BEFORE RECEIVING RELIEF?
No briefs will be
filed on this issue.
No. 14-0439/AF. U.S. v. Alain R. HICKS. CCA 38191. [See also APPEALS-SUMMARY DISPOSITIONS
this date.]
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0285/AF. U.S. v. Richard F.
GREENWOOD. CCA
38147.
No. 14-0287/NA. U.S. v. Vincent M.
SANANTONIO. CCA
201200396.
No. 14-0423/MC. U.S. v. Roger E. EASTERLY,
Jr. CCA 201300067.*
PETITIONS FOR
GRANT OF REVIEW FILED
No. 14-0578/AR. U.S. v. Andrew W. PEPPER. CCA 20130720.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No. 14-8016/NA. 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. On consideration of the petition for
extraordinary relief in the nature of a writ of mandamus and prohibition, it is
ordered that said petition is hereby denied without
prejudice.
_____________________________________
* Judge Ryan did not participate in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-159
Wednesday, May 7, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0233/AF. U.S. v. Lorin J. GRIGSBY. CCA 38108.
No. 14-0332/AF. U.S. v. Joel S. BOGNER. CCA 38194.
No. 14-0343/AF. U.S. v. Jesus R. ALANIZ. CCA S32072.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0577/AR. U.S. v. George R. BUSHEY III. CCA 20121052.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-158
Tuesday, May 6, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0617/MC. U.S. v. Hugo I. VALENTIN, Jr. CCA 201000683.
No. 14-0329/AR. U.S. v. Aaron R. STANLEY. CCA 20111078.
No. 14-0351/AF. U.S. v. Wayne A. ELLIS. CCA 38176.
No.
14-0375/AR. U.S. v. Ronald M. DAVENPORT, Jr. CCA 20120408.
No. 14-0465/AR. U.S. v. Ronald L. GREEN. CCA 2011286.
No. 14-0488/AR. U.S. v. James D. GALLUP. CCA 20130098.
No. 14-6007/AF. U.S. v. Dex E. YARBER. CCA 2013-25.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0574/AR. U.S. v. Frederick J. GUENTHER. CCA 20110516.
No. 14-0575/AR. U.S. v. Tammi L. SMITH. CCA 20120656.
No. 14-0576/AR. U.S. v. Cory D. WILLIER. CCA 20121005.
INTERLOCUTORY
ORDERS
No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellee's motion to supplement the joint
appendix is granted.
No. 14-0127/AF. U.S. v. John I. RODRIGUEZ. CCA 38080.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to May 27, 2014.
No. 14-0468/AR. U.S. v. Seth D. LEMASTERS. CCA 20111143. Appellant's motion to correct errata is
granted.
No. 14-0568/AR. U.S. v. Edwin ZELAYA. CCA 20110507. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 9, 2014.
No. 14-6007/AF. U.S. v. Dex E. YARBER. CCA 2013-25.
Appellee's motion for a summary and expedited disposition and
Appellant's motion to stay trial proceedings are hereby denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-157
Monday, May 5, 2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0036/AF. U.S. v. Nicholas M. GARRISON. CCA 38093.*
No. 14-0127/AF. U.S. v. John I. RODRIGUEZ. CCA 38080.*
No. 14-0563/MC. U.S. v. Tamira C. DICKENS. CCA 201300025.
No. 14-0564/AR. U.S. v. Johnathan L. BORING. CCA 20130674.
No. 14-0565/AR. U.S. v. Harvey DELVALLE II. CCA 20120413.
No. 14-0566/AR. U.S. v. Jimmylee D. GREEN. CCA 20130372.
No. 14-0567/AR. U.S. v. Michael C. EVANS. CCA 20130251.
No. 14-0568/AR. U.S. v. Edwin ZELAYA. CCA 20110507.
No. 14-0569/AR. U.S. v. Xavier V. ALVARADO. CCA 20130017.
No. 14-0570/AR. U.S. v. James B. WINFIELD. CCA 20120569.
No. 14-0571/AR. U.S. v. Richard D. JENKINS. CCA 20111134.
No. 14-0572/AF. U.S. v. Parker J. MILLER. CCA 38327.
No. 14-0573/AR. U.S. v. Ronald W. GEARY, Jr. CCA 20130024.
INTERLOCUTORY
ORDERS
No. 14-0561/NA. U.S. v. John T. TAYLOR. CCA 201300195. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 22, 2014.
No. 14-8017/AF. Charles A. WILSON, Appellant v. United
States, and Colonel Christopher Hill, in his official capacity as Commander, 78th
Air Base Wing, United States Air Force, Appellees. CCA 2014-01. Appellant's motion for an immediate stay of
the proceedings is denied.
__________________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-156
Friday, May 2, 2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0561/NA. U.S. v. John T. TAYLOR. CCA 201300195.
No. 14-0562/AR. U.S. v. Martin L. HALL. CCA 20130405.
MISCELLANEOUS
DOCKET – FILINGS
Misc. No. 14-8017/AF. Charles A. WILSON, Appellant v. United States, and Colonel Christopher Hill, in his official capacity as Commander, 78th Air Base Wing, United States Air Force, Appellees. CCA 2014-01. 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 and a motion for a stay of proceedings were filed under Rules 27(b) and 30 on this date.
MANDATES
ISSUED
No. 14-0130/AF. U.S. v. David J. JANSSEN. CCA 37681.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-155
Thursday, May 1, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-6006/MC. U.S. v. Giovanni MAZA. CCA 201300297. On consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of Criminal
Appeals on appeal by the United States under Article 62, Uniform Code of Military
Justice, 10 U.S.C. § 862, and Appellant's motion for a stay of proceedings, it
is ordered that said motion is hereby denied, and said petition is hereby
denied.
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