UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, October 31, 2014
Petitions for Grant
of Review Filed
No. 15-0142/NA. U.S.
v. Lindell M. Turner. CCA 201400036.
No. 15-0143/MC. U.S.
v. Darren J. Evans. CCA 201300248.
No. 15-0144/AR. U.S.
v. Jerry L. McLeod, Jr. CCA 20131010.
Petitions for Grant
of Review Denied
No. 12-0264/AR.
U.S. v. Robert O. Bozeman. CCA 20080711.
No. 14-0657/AF. U.S. v. Todd J. Barlow. CCA 37981.
No. 14-0697/AF. U.S. v. Sean R. Taylor. CCA 38247.
No. 14-0728/AF. U.S. v. Joel P. Smith. CCA S32121.
No. 14-0769/AF. U.S. v. Kwinton K. Estacio.
CCA 38256.
No. 14-0778/NA. U.S. v. Jeremy R. Green. CCA 201300276.
No. 14-0806/AR.
U.S. v. James H. Tobey. CCA 20121059.
No. 15-0004/AR.
U.S. v. Steven R. Thompson. CCA 20111069.
No. 15-0015/AF. U.S. v. Anjelika L. Faul.
CCA 38486.
No. 15-0038/AR.
U.S. v. Quandrian J. Elder. CCA 20111130.
No. 15-0057/AF. U.S. v. Justin Legaspi. CCA
38344.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
Thursday, October 30, 2014
Petitions for Grant
of Review Filed
No. 15-0141/AR. U.S.
v. Xavier A. Marcial. CCA 20140282.
Petitions for Grant
of Review - Summary Dispositions
No. 15-0039/AR. U.S. v. Adam J. Hall. CCA 20130217. On consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal Appeals, it
is ordered that said petition is hereby granted, and the decision of the United
States Army Court of Criminal Appeals is affirmed.*
* It is directed that the decision of the
United States Army Court of Criminal Appeals be corrected to reflect in the
opening paragraph that Appellant was convicted of two specifications of
wrongful distribution of a controlled substance in violation of Article 112a,
Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 912a (2006), vice Article 112, UCMJ,
10 U.S.C. § 912 (2006).
Interlocutory Orders
No. 14-0022/AF. U.S. v. Kyle R. Dietz.
CCA 38117. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 18, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
Wednesday, October 29, 2014
Petitions for Grant
of Review Filed
No. 14-0022/AF. U.S.
v. Kyle R. Dietz. CCA 38117.
No. 15-0140/AR. U.S.
v. Henry L. Williams III. CCA 20130284.
Petitions for Grant
of Review Denied
No. 14-0689/MC. U.S.
v. Richard A. Jimenez. CCA 201300264.
No. 15-0012/AR. U.S.
v. Cameron M. Raymond. CCA 20130425.
Petitions for Grant
of Review - Summary Dispositions
No. 15-0019/AF. U.S.
v. Luis A. Walker. CCA 38237. On
consideration of Appellee's motion to attach and
motion to deny the petition of grant of review for lack of jurisdiction, which
this Court construes as a motion to dismiss the petition for grant of review
for lack of jurisdiction, it is ordered that said motions are hereby granted.
Interlocutory Orders
No. 14-0769/AF. U.S.
v. Kwinton K. Estacio.
CCA 38256. On consideration of Appellant's motion to
supplement the record and motion for leave to file a supplemental issue
presented, it is ordered that said motions are hereby denied.
No. 15-0133/NA. U.S.
v. Conrad A. Rockenhaus. CCA 201300409. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 17, 2014.
No. 15-0137/MC. U.S.
v. Edward J. Wilson. CCA 201300315. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 17, 2014.
No. 15-0130/NA. U.S. v. Del'Zhea Chatman. CCA 201300119. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 17, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
Tuesday, October 28, 2014
Petitions for Grant
of Review Filed
No. 15-0139/AR. U.S. v. Kendall F. Vincent. CCA 20140349.
Petitions for Grant
of Review Denied
No. 14-0654/AF. U.S v. Stephen G. Burgh. CCA 38207.
No. 14-0683/AR.
U.S v. Keith J. Higgins. CCA 20110664.
No. 14-0684/AR.
U.S v. Isaac A. Thompson. CCA 20111014.
No. 14-0741/AR.
U.S v. Amwel F. John. CCA 20120521.
No. 14-0782/AR.
U.S v. Mason D. Divine. CCA 20120962.
No. 15-0001/AF. U.S. v. Aaron I. Teer. CCA S32136.
No. 15-0006/AR.
U.S. v. John L. Garrett II. CCA 20130308.
No. 15-0023/AR.
U.S. v. Matthew J. Thompson. CCA 20120945.
No. 15-0026/AR.
U.S. v. Stanley L. Hagerman III. CCA 20140043.
No. 15-0070/AR.
U.S. v. Matthew R. Rector. CCA 20130945.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, October 27, 2014
Petitions for Grant
of Review Filed
No. 13-0426/AF. U.S.
v. Andre G. Gnash. CCA S32067.
No. 14-0087/AF. U.S.
v. Craig X. Jorell. CCA 38061.
No. 15-0130/NA. U.S.
v. Del'Zhea Chatman. CCA 201300119.
No. 15-0131/MC. U.S.
v. Alejandro Torres. CCA 201300396.
No. 15-0132/AF. U.S.
v. Mark R. Mangasarian. CCA 38427.
No. 15-0133/NA. U.S.
v. Conrad A. Rockenhaus. CCA 201300409.
No. 15-0134/AR. U.S.
v. Henry G. Bravo.
CCA
20130109.
No. 15-0135/AR. U.S.
v. Andy G. Torres.
CCA
20120774.
No. 15-0136/AR. U.S.
v. Rahkeam W. Jacobs. CCA 20121141.
No. 15-0137/MC. U.S.
v. Edward J. Wilson. CCA 201300315.
No. 15-0138/AR. U.S.
v. Marvin E. Broadus. CCA 20130889.
Petitions for Grant
of Review Denied
No. 14-0077/AR. U.S.
v. Robert L. Davis, Jr. CCA 20120244.
No. 14-0674/AR. U.S.
v. Estaquio V. Magallenes. CCA 20130286.
No. 14-0703/AR. U.S.
v. Jose R. Salinas, Jr. CCA 20121053.
No. 14-0715/AF. U.S.
v. Ray A. Vazquez. CCA 37563.
No. 14-0761/AR. U.S.
v. Shelton A. Hunt. CCA 20111081.
No. 14-0768/AR. U.S.
v. Jeffrey R. Kuntz. CCA 20130555.
No. 14-0803/AR. U.S.
v. Adrian W. Andrews. CCA 20140187.
No. 15-0027/AR. U.S.
v. Rogan E. Lampe.
CCA
20120741.
No. 15-0044/AR. U.S.
v. Cory D. Kelly.
CCA
20120990.
No. 15-0053/AR. U.S.
v. Cortnei J. Langhorne. CCA 20140063.
No. 15-0061/AF. U.S.
v. Devon T. Smith. CCA S32152.
Miscellaneous Docket
- Summary Dispositions
No. 15-0117/AF. Samuel C. McCrary v.
Gregory O. Friedland, Col, USAF. CCA 2014-12..On consideration
of the petition for extraordinary relief in the nature of a writ of mandamus,
which this Court construes as a writ-appeal petition for review of the United
States Air Force Court of Criminal Appeals decision, Appellant's motion to stay
the proceedings, and motion to attach, it is ordered that said motion to attach
is granted, that said writ-appeal petition is hereby denied without prejudice
to Appellant's right to raise the issue asserted during the course of normal
appellate review, and that said motion to stay the proceedings is hereby denied
as moot.
Interlocutory Orders
No. 12-0616/AR.
U.S. v. Timothy E. Bennitt. CCA 20100172. Appellee's motion
to file a brief out of time is granted.
No. 12-0616/AR.
U.S. v. Timothy E. Bennitt. CCA 20100172. On consideration of the joint motion to file
a supplemental joint appendix, it is ordered that said motion is hereby
granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
Friday,
October 24, 2014
PETITIONS FOR GRANT OF REVIEW FILED
No.
15-0121/AR. U.S. v. Steven J. Spener. CCA 20120165.
No.
15-0122/AR. U.S. v. Paul B. Henson. CCA 20130147.
No.
15-0123/AR. U.S. v. Timothy J. Pherigo. CCA 20140032.
No.
15-0124/AR. U.S. v. Joshua A. Marks. CCA 20130777.
No.
15-0125/AR. U.S. v. Michael J. Nord. CCA 20120862.
No.
15-0126/AR. U.S. v. Raymond J. Blackmar. CCA 20121143.
No.
15-0127/AR. U.S. v. Brian D. Vitko. CCA 20130257.
No.
15-0128/MC. U.S. v. Steven C. Pottmeyer. CCA 201300293.
No.
15-0129/AR. U.S. v. Orval W. Gould, Jr. CCA 20120727.
INTERLOCUTORY
ORDERS
No. 14-0681/MC. U.S. v. Dauthard S. Mason. CCA 201300154. On
consideration of Appellant's motion to attach, which this Court construed as
a motion to supplement the record, it is ordered that said motion is
denied.
SPECIAL DOCKET MATTERS
No. A-32446. Benjamin Zev Katz Esq.
No. 14-07. In the Matter of Benjamin Zev Katz.
It appearing that the
above-named attorney is a member of the Bar of this Court, that he was
suspended from the practice of law by the Supreme Court of New York,
Appellate Division, Second Judicial Department, that pursuant to Rule 15(b),
Rules of Practice and Procedure, U.S. Court of Appeals for the Armed Forces,
said attorney was suspended from the practice of law before the Court on
August 26, 2014, and afforded 30 days to show cause why he should not be disbarred,
that said attorney has not submitted any matters to the Court, and upon
consideration of the action of the Supreme Court of New York, Appellate
Division, Second Judicial Department, it is ordered that Benjamin Zev Katz is
hereby suspended indefinitely from the practice of law before this Court,
effective this date.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 15-037
Thursday, October 23,
2014
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0656/AR. U.S. v. Dana P. BLOUIN. CCA 20121135. On consideration of the petition for grant of
review of the decision for the United States Army Court of Criminal Appeals, it
is ordered that said petition is hereby granted on the following issue:
WHETHER THE MILITARY
JUDGE ERRED BY ACCEPTING APPELLANT'S PLEAS OF GUILTY TO THE SPECIFICATION OF THE
CHARGE WHERE PROSECUTION EXHIBIT 4 DEMONSTRATED THAT THE IMAGES POSSESSED WERE NOT CHILD PORNOGRAPHY.
Briefs will be filed
under Rule 25.
No. 14-0660/AR. U.S. v. Michael C. BUDKA. CCA 20120435.
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 on the following issues:
WHETHER
THE ARMY COURT ABUSED ITS DISCRETION BY VIOLATING THE PRINCIPLE OF PARTY
PRESENTATION WHEN IT SUMMARILY AFFIRMED THE FINDINGS AND SENTENCE AFTER THE
GOVERNMENT CONCEDED THAT THE FACTUAL PREDICATE FOR THE OFFENSE OF AGGRAVATED
ASSAULT WAS NOT MET.
WHETHER THE MILITARY
JUDGE ABUSED HER DISCRETION BY ACCEPTING APPELLANT'S PLEA OF GUILTY TO THE SPECIFICATION
OF CHARGE II-AGGRAVATED ASSAULT-WHERE THERE IS A SUBSTANTIAL BASIS TO QUESTION
THAT THE FORCE USED WAS A MEANS LIKELY TO PRODUCE DEATH OR GRIEVOUS BODILY
HARM.
Briefs will be filed
under Rule 25.
No. 14-0792/AR. U.S. v. Collin J. CARTER. CCA 2012 1046. 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 on the following issue:
WHETHER
THE MILITARY JUDGE ABUSED HER DISCRETION BY PREVENTING DEFENSE COUNSEL FROM
PRESENTING FACTS OF APPELLANT'S UNLAWFUL PRETRIAL PUNISHMENT AS MITIGATION
EVIDENCE AT SENTENCING.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0760/AR. U.S. v. Logan M. STYFF. CCA 20110889.
No. 14-0765/AR. U.S. v. Marvin L. MAYBERRY. CCA 20110486.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 15-0119/AR. U.S. v. Michael J. ROE. CCA 20131036.
No. 15-0120/AR. U.S. v. Terre W. MARTIN. CCA 20120898.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-036
Wednesday, October 22, 2014
INTERLOCUTORY
ORDERS
No. 15-0114/AF. U.S. v. John R. SUTTON II. CCA S32143. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 10, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-035
Tuesday, October 21, 2014
HEARINGS
No. 14-0289/AR. U.S. v. Jordan M. PETERS. CCA 20110057.
No. 14-0457/AR. U.S. v. Eric R. CASTILLO. CCA 20110935.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0030/AF. U.S. v. James M. BOORE. CCA 38058.
No. 15-0118/AR. U.S. v. Joshua W. DAYMENT. CCA 20130042.
DOCKETING
NOTICE
No. 15-0117/AF. Samuel C. McCrary, Petitioner v. Gregory O. Friedland, Colonel, United States Air Force,
Respondent. CCA 2014-12. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of mandamus, under Rule 27(a),
together with a motion to stay proceedings and a motion to attach were filed on
this date.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-034
Monday, October 20, 2014
HEARINGS
No. 14-0199/AR. U.S.
v. Bryce M. PHILLIPS. CCA 20120585.
No. 14-5007/AF. U.S.
v. Steven S. MORITA. CCA 37838.
PETITIONS FOR GRANT
OF REVIEW FILED
No. 14-0129/AF. U.S. v. Dustin R. HELPAP. CCA S32017.
No. 15-0109/MC. U.S. v. Gregory T. MILES. CCA 201300272.
No. 15-0110/AR. U.S. v. Kody
D. SCHENK. CCA 20120122.
No. 15-0111/AF. U.S. v. Cody T. NYSTROM. CCA 38351.
No. 15-0113/AR. U.S. v. Forrest A. STROSS. CCA 20130404.
No. 15-0114/AF. U.S. v. John R. SUTTON II. CCA S32143.
No. 15-0115/AF. U.S. v. Andre L. SAMPLE. CCA 20140114.
No. 15-0116/AR. U.S. v. Derrick L. HARDY. CCA 20120816.
INTERLOCUTORY
ORDERS
No. 15-0112/AR. U.S. v. Tahir
L. MUWWAKKIL.
CCA
20140536. Notice is hereby given that a certificate for
review of the decision of the United States Army Court of Criminal Appeals on
appeal by the United States under Article 62, Uniform Code of Military Justice,
10 U.S.C. § 862, and a supporting brief were filed
under Rule 22, together with a motion to stay the proceedings on this 20th day
of October, 2014, on the following issues:
I. WHETHER THE U.S. ARMY COURT OF CRIMINAL
APPEALS ERRED IN ITS APPLICATION OF BOTH THE FEDERAL JENCKS ACT (18 U.S.C. § 3500) AND RULE FOR COURTS-MARTIAL 914.
II. WHETHER THE U.S.
ARMY COURT OF CRIMINAL APPEALS ERRED IN ITS DEFERENCE TO THE MILITARY JUDGE'S FINDINGS
AND CONCLUSIONS, AS SHE FAILED TO CONSIDER THE TOTALITY OF THE CASE, AND
INSTEAD MADE A PRESUMPTION OF HARM BEFORE ORDERING AN EXTRAORDINARY REMEDY. SEE, e.g., KILLIAN v. UNITED STATES, 368 U.S. 231 (1961).
On consideration thereof, it is ordered that
the motion to stay proceedings is hereby granted. Appellee
will file an answer to the certified issues under Rule 22(b)(1)
on or before October 30, 2014.
No. 15-0109/MC. U.S. v. Gregory T. MILES. CCA 201300272. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 10, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-033
Friday, October 17, 2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 15-0106/AR. U.S. v. Danny O. CABRERA. CCA 20130664.
No. 15-0107/AR. U.S. v. Jessica V. KIMBALL. CCA 20121002.
No. 15-0108/AR. U.S. v. Dustin B. HALCOM. CCA 20120442.
INTERLOCUTORY
ORDERS
No. 15-0105/mc. U.S. v. Zoya
JOURAVSKA.
CCA
201300251. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to November 5, 2014.
PETITIONS
FOR RECONSIDERATION DENIED
No. 14-0409/AF. U.S. v. Stephan H. CLAXTON. CCA 38188. Appellee's petition for reconsideration of this Court's
order issued September 15, 2014 is denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-032
Thursday, October 16,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 15-0105/MC. U.S. v. Zoya
JOURAVSKA.
CCA
201300251.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-031
Wednesday, October
15, 2014
HEARINGS
No. 14-0322/MC. U.S. v. Michael B. GILBREATH. CCA 201204227.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0686/AR. U.S. v. Matthew B. BEHYMER. CCA 20130535.
No. 14-0771/AR. U.S. v. Michael D. TYREE. CCA 20130034.
No. 14-0772/AR. U.S. v. Robert J. MURRILO. CCA 20130245.
No. 14-0790/AR. U.S. v. Adam P. DYER. CCA 20140122.
No. 14-0794/MC. U.S. v. Tyler R.
CIESLEWICZ. CCA
201300421.
No. 14-0799/AR. U.S. v. Paul W. BOLT. CCA 20130505.
No. 15-0030/AR. U.S. v. Jeremia S. WELCH. CCA 20130681.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 15-0098/NA. U.S. v. Brian HART. CCA 201300295.
No. 15-0099/NA. U.S. v. Jeremiah D.
NEIDERT. CCA 201400050.
No. 15-0100/AR. U.S. v. Christopher L.
ROHRER. CCA
20120526.
No. 15-0101/AR. U.S. v. Dakota S. ERHARDT. CCA 20120759.
No. 15-0102/AR. U.S. v. Phillips L.T. ONG. CCA 20130624.
No. 15-0103/AR. U.S. v. Jose A. PABON, Jr. CCA 20120874.
No. 15-0104/AR. U.S. v. Jonathan A. GENTRY. CCA 20131056.
PETITIONS
FOR RECONSIDERATION DENIED
No. 14-0639/AF. U.S. v. Corey K. HUDGINS. CCA 38305. On
consideration of Appellant's petition for reconsideration of this Court's order
issued August 20, 2014, it is ordered that said petition for reconsideration is
hereby denied.
INTERLOCUTORY
ORDERS
No. 14-0050/AF. U.S. v. Thomas N.
PATTERSON. CCA 38031. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 3, 2014.
No. 15-0089/AF. U.S. v. Keith L. LOVELY. CCA 38215. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 30, 2014.
No. 15-0094/AF. U.S. v. Nicholas R. CRON. CCA 38138.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to November 3,
2014.
No. 15-0095/AF. U.S. v. William J. MATTHIS. CCA 38312.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to November 3,
2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-030
Tuesday, October 14, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0632/MC. U.S. v. Bruno J. RUSSELL. CCA 201300208.
No. 14-0694/AR. U.S. v. Timothy R. GANN. CCA 20130728.
No. 14-0763/AR. U.S. v. Prescott A. AIKEN. CCA 20120705.
No. 14-0775/AF. U.S. v. Michael J. ROCHE. CCA 38266.
No. 14-0788/AR. U.S. v. John W. BRINSON,
Jr. CCA 20120887.
No. 15-0020/AR. U.S. v. Alfredo MARTINEZ-CASTRO. CCA 20120982.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0050/AF. U.S. v. Thomas N.
PATTERSON. CCA 38031.*
No. 15-0090/NA. U.S. v. Andrew R. HASLEY. CCA 201400026.
No. 15-0091/AR. U.S. v. Matthew M. DENTICE. CCA 20130591.
No. 15-0092/AR. U.S. v. Deshawn
J. BRIGHT. CCA 20120960.
No. 15-0093/AR. U.S. v. Deandre
P. ANDERSON. CCA 20121145.
No. 15-0094/AF. U.S. v. Nicholas R. CRON. CCA 38138.
No. 15-0095/AF. U.S. v. William J. MATTHIS. CCA 38312.
No. 15-0096/AF. U.S. v. Bradley J. REED. CCA S32207.
No. 15-0097/AR. U.S. v. Errol B. CALDWELL. CCA 20130596.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 15-8003/AR. Timothy B. HENNIS,
Petitioner v. Erica Nelson, Colonel, United States Army Commandant, U.S.
Disciplinary Barracks, United States Army, and United States, Respondents. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of habeas corpus was filed under
Rule 27(a) on this date.
INTERLOCUTORY
ORDERS
No. 14-0322/MC. U.S. v. Michael B. GILBREATH. CCA 201200427.
Appellee's
motion to correct errata is granted.
No. 14-5007/AF. U.S. v. Steven S. MORITA. CCA 37838. On
consideration of Appellant/Cross-Appellee's motion for leave to file an additional volume to
the joint appendix, it is
ordered that said motion is granted.
_______________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-029
Friday, October 10,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 15-0089/AF. U.S. v. Keith L. LOVELY. CCA 38215.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-028
Thursday, October 9,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 15-0086/AR. U.S. v. Kareem A. RANSOM. CCA 20130658.
No. 15-0087/MC. U.S. v. Carlton WILDER, Jr. CCA 201400118.
No. 15-0088/AR. U.S. v. Jerry A. ELLIOTT. CCA 20140169.
INTERLOCUTORY
ORDERS
No. 13-7001/AR. U.S. v. Hasan
K. AKBAR. CCA 20050514. Appellant's motion to submit waiver out of
time granted.
No. 15-0087/MC. U.S. v. Carlton WILDER, Jr. CCA 201400118. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 29, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-027
Wednesday, October 8, 2014
HEARINGS
No. 14-0453/AR. U.S. v. James S. PIREN. CCA 20110416.
No. 14-5006/AF. U.S. v. Justin M. PIOLUNEK. CCA 38099.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0661/AR. U.S. v. Zachery W. HESTER,
Jr. CCA
20120644.
No. 15-0007/AR. U.S. v. Billy J. WHISMAN,
Jr. CCA
20121096.
No. 15-0013/AR. U.S. v. Zachary L. NORTHUP. CCA 20120610.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 15-0085/AR. U.S. v. Larry W. PLOWS. CCA 20120449.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 15-8002/NA. U.S. v. Joshua D. WILLIAMS. CCA 200301656. Notice is hereby
given that a writ-appeal petition for review of the United States Navy-Marine
Corps Court of Criminal Appeals decision was filed by mail under Rule 27(b) on
September 12, 2014, and placed on the docket this date. On consideration thereof, it is ordered that said writ-appeal petition is hereby denied.
INTERLOCUTORY
ORDERS
No. 15-0035/AR. U.S. v. Cory R. LAND. CCA 20120577. 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 21, 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. 15-026
Tuesday, October 7,
2014
HEARINGS
No. 12-0501/AF. U.S. v. Jessica E.
MCFADDEN. CCA 37438.
No. 14-5008/AF. U.S. v. Joshua KATSO. CCA 38005.
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0724/NA. U.S. v. Nancy L. CASTILLO. CCA 201300280. Review granted on the following issue:
WHETHER THE LOWER
COURT IMPROPERLY DETERMINED THAT DUTY TO SELF-REPORT ONE'S OWN CRIMINAL ARRESTS
FOUND IN OFFICE OF THE CHIEF OF NAVAL OPERATIONS INSTRUCTION 3120.32C WAS VALID
DESPITE THE INSTRUCTION'S OBVIOUS CONFLICT WITH SUPERIOR AUTHORITY AND THE
FIFTH AMENDMENT.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 15-0082/AR. U.S. v. James C. KEYS. CCA 20140140.
No. 15-0083/AR. U.S. v. Joshua D. DEAN. CCA 20140012.
No. 15-0084/AR. U.S. v. Rigoberto
CARRILLO, Jr. CCA 20130208.
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 27, 2014.
No. 14-0095/AF. U.S. v. Benjamin R. LOVERIDGE. CCA 37872.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to October 27,
2014.
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 27, 2014.
No. 14-0107/AF. U.S. v. Andrew F. PIETTE. CCA 38101.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to October 27,
2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-025
Monday, October 6,
2014
PETITIONS FOR GRANT
OF REVIEW DENIED
No. 14-0687/AR. U.S. v. Parrish M. ROLF. CCA 20121153.
No. 14-0735/AR. U.S. v. Jose A. GALVAN. CCA 20130780.
No. 14-0740/AR. U.S. v. Malik A.Q. HAYWOOD. CCA 20120314.
No. 14-0757/AR. U.S. v. Christian J. FOGLE. CCA 20131089.
No.
14-6011/AR. U.S. v. Brandon S. WILSON. CCA 20140386.
No. 15-0005/AR. U.S. v. Jasmin K. JENKINS. CCA 20130362.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0498/AF. U.S. v. Christopher J.
MARTIN. CCA
S32035.*
No. 14-0095/AF. U.S. v. Benjamin R.
LOVERIDGE. CCA 37872.**
No. 14-0100/AF. U.S. v. Jason THOMPSON. CCA S31996.**
No. 14-0107/AF. U.S. v. Andrew F. PIETTE. CCA 38101.**
No. 15-0080/AR. U.S. v. Stacy A. WHITTLE. CCA 20140118.
No. 15-0081/AR. U.S. v. Ryan C. DOWNS. CCA 20120570.
PETITIONS
FOR RECONSIDERATION DENIED
No. 14-0614/AR. U.S. v. Jason A. PRICE. CCA 20121003. On
consideration of Appellant's petition for reconsideration of this Court's order
issued September 11, 2014, it is ordered that said petition for reconsideration
is hereby denied.
INTERLOCUTORY
ORDERS
No. 14-0686/AR. U.S. v. Matthew B. BEHYMER. CCA 20130535.
Appellant's motion to file the
supplement to the petition for grant of review out of time is granted.
No. 15-0074/CG. U.S. v. John C. RIESBECK. CCA 1374.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to October 23,
2014.
No. 15-0076/NA. U.S. v. Matthew D. ELLERBEE. CCA 201300109.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to October 23,
2014.
No. 15-0079/AF. U.S. v. Brittney L. HALL. CCA 38241. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 23, 2014.
_________________________________
* Third petition filed in this case.
**
Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-024
Friday, October 3,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0550/AR. U.S. v. Juan A. BOTELLO. CCA 20110743.
No. 14-0756/AR. U.S. v. Christopher W.
BROWNE. CCA 20130252.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0051/AF. U.S. v. Daniel P. OPENSHAW. CCA 38049.*
No. 14-0137/AR. U.S. v. Daniella
M. HOWARD. CCA
20120844.*
No. 15-0074/CG. U.S. v. John C. RIESBECK. CCA 1374.
No. 15-0075/AR. U.S. v. Ryan P. TUSSEY. CCA 20130752.
No. 15-0076/NA. U.S. v. Matthew D. ELLERBEE. CCA 201300109.
No. 15-0077/MC. U.S. v. Matthew T. ENGLER. CCA 201300365.
No. 15-0078/AF. U.S. v. Charles B. EICHELBERGER.
CCA 38318.
No. 15-0079/AF. U.S. v. Brittney L. HALL. CCA 38241.
______________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-023
Thursday, October 2,
2014
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0658/AR. U.S. v. Corey J. BENNETT. CCA 20111107. Review granted on the following issue:
WHETHER THE MILITARY
JUDGE ERRED BY ALLOWING AN EXPERT TO REPEAT TESTIMONIAL HEARSAY, DENYING
APPELLANT'S RIGHT TO CONFRONTATION, AND IF HE SO ERRED, WHETHER APPELLANT'S
CONFESSION TO MARIJUANA USE WAS ADEQUATELY CORROBORATED.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 15-0073/AR. U.S. v. James N. MCNALLY,
Jr. CCA 20130387.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 15-022
Wednesday, October 1,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0264/AR. U.S. v. Robert O. BOZEMAN. CCA 20080711.*
No. 15-0072/AR. U.S. v. Geraldy
LAVENTURE.
CCA
20130069.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No. 15-8001/AR. Randy HERNANDEZ, Appellant v. Colonel Gregory
Gross, Military Judge, United States Army, and United States, Appellees. CCA 20140293.
On consideration of the writ-appeal petition
and motion for stay, it is ordered that said petition is denied without
prejudice to Appellant's right to raise the issues asserted during the normal
course of appellate review, and that said motion is denied as moot.
INTERLOCUTORY
ORDERS
No. 14-0054/AF. U.S. v. Sharmaine
L. LATHAM. CCA 38107. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 16, 2014.
No. 14-0751/AR. U.S. v. Johnathan
M. JOHNSON. CCA 20120643. Appellant's motion to withdraw the petition
for grant of review denied without prejudice to the subsequent filing of a
motion to withdraw that complies with Rule 21(f), Rules of Practice and Procedure.
No. 15-0064/AF. U.S. v. Andrew J. HENNE. CCA 38334.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to October 20,
2014.
No. 15-0067/AF. U.S. v. Timothy R. SPIELMAN. CCA 38285.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to October 20,
2014.
____________________________________
* Second petition filed in this case.
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