UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 30, 2015
Miscellaneous Docketing-Filings
No. 16-0256/AF. United States,
Petitioner v. United States Air Force Court of Criminal Appeals, Respondent and
Cory D. Phillips, Real Party In Interest. Notice is hereby given that a petition for
extraordinary relief in the nature of writ of mandamus and brief were filed
under Rule 27(a) on this date.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 29, 2015
Petitions for Grant of Review Filed
No. 16-0250/AR. U.S. v. William A. Biggs, Jr. CCA 20150348.
No. 16-0252/AR. U.S. v. Erik S. Mauff. CCA 20150363.
No. 16-0253/AR. U.S. v. David L. Staples. CCA 20130704.
No. 16-0254/AF. U.S. v. Ramiro F.
Hernandez, Jr. CCA 38596.
No. 16-0255/NA. U.S. v. Gamaliel Torres. CCA 201500117.
Petitions for Grant of Review Denied
No. 16-0111/AR. U.S. v. Mitchell B. Brandt. CCA 20130204.
No. 16-0152/AR. U.S. v. Gino J. Thompson. CCA 20150003.
No. 16-0153/AR. U.S. v. Denver E. Tolve. CCA 20140847.
No.
16-0156/AR. U.S. v. Javier
J. Gumbs. CCA 20130803.
No. 16-0158/AR. U.S. v. Gilberto A. Rodriguez. CCA 20140380.
No. 16-0159/AF. U.S. v. Cody A. Mayes.
CCA
S32276.
No. 16-0160/AF. U.S. v. Aleksey N. Starovoytov. CCA 38609.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
December 28, 2015
Petitions for Grant of Review Filed
No. 16-0248/AR. U.S. v. Todd M. Carrier. CCA 20140393.
No. 16-0249/AR. U.S. v. Jason S. Westfall. CCA 20150506.
Miscellaneous Docket Filings
No. 16-0251/AF. United States, Petitioner v. United States
Air Force Court of Criminal Appeals, Respondent and Jerry C. Harrison, Real
Party In Interest.
Notice is hereby given that a petition for extraordinary relief in the nature
of writ of mandamus and brief were filed under Rule 27(a) on this date.
Interlocutory Orders
No. 15-0510/MC. U.S. v. Monifa
J. Sterling.
CCA
201400150. On consideration of
Appellant's motion to file and place the joint appendix under seal, the response
of the government opposing said motion, and Appellant's reply to the government's
response, it is ordered that said motion is hereby denied. Appellant will file a new joint appendix in
accordance with Rule 24(f), Rules of Practice and Procedure, no later than
January 5, 2016, that does not contain personally identifiable information and
with the record of trial transcript portions in chronological order.
No. 15-0749/AF. U.S. v. Daniel H. Chin.
CCA 38452. On consideration of the motions filed by the
United States Marine Corps Defense Services Organization for an enlargement of
time to file an Amicus Curiae brief in support of Appellee,
and for leave to file an Amicus Curiae brief in support of Appellee,
it is ordered that said motions are hereby granted.
Mandates Issued
No. 15-0413/AF. U.S. v. Sebastian P. LaBella. CCA 37679.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 23, 2015
Petitions for Grant of Review Filed
No. 16-0245/AR. U.S. v. Anthony M. Hendra. CCA 20140097.
No. 16-0246/AR. U.S. v. Mark A. Ramonett. CCA 20130871.
No. 16-0247/AR. U.S. v. Kevin M. Stevens, Jr. CCA 20140673.
Interlocutory Orders
No. 16-0068/NA. U.S. v. Dustin M. Clark.
CCA
201400232. Appellee's
second motion to extend time to file an answer brief granted, up to and
including January 12, 2016. Absent extraordinary circumstances, no further extension
of time to file the brief will be granted.
No. 16-0167/AR. U.S. v. Joshua R. Sickels. CCA 20110110. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 6, 2016.
No. 16-0173/MC. U.S. v. Joseph R. Franklin. CCA 201500130. On consideration of the motion filed by CDR
Ricardo A. Berry 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. 16-0237/AR. U.S. v. Alberto A. Silva-Sadder. CCA 20121164. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 11, 2016.
No. 16-0243/AF. U.S. v. Brett R. Morgan.
CCA 38591. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 11, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 22, 2015
Petitions for Grant of Review Filed
No. 16-0237/AR. U.S. v. Alberto A. Silva-Sadder. CCA
20121164.
No. 16-0238/AR. U.S. v. Christopher L. Goffe. CCA 20120201.
No. 16-0239/AR. U.S. v. Jordan L. Beard. CCA
20140586.
No. 16-0240/AR. U.S. v. Charles W. Haskett. CCA
20130581.
No. 16-0241/AR. U.S. v. Thomas L. Childress. CCA
20130685.
No. 16-0242/AF. U.S. v. Dylan T. Bjugstad. CCA 38630.
No. 16-0243/AF. U.S. v. Brett R. Morgan.
CCA 38591.
No. 16-0244/NA. U.S. v. Justin M. Mohead. CCA 201400403.
Interlocutory Orders
No. 16-0229/AF. U.S. v. Ellwood T. Bowen.
CCA 38616. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 11, 2016.
No. 16-0230/AR. U.S. v. Jonathan D. Hook. CCA 20121115. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 11, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
December 21, 2015
Petitions for Grant of Review Filed
No. 16-0229/AF. U.S. v. Ellwood T. Bowen.
CCA 38616.
No. 16-0230/AR. U.S. v. Jonathan D. Hook. CCA 20121115.
No. 16-0231/AR. U.S. v. Zachary Toro III. CCA 20130441.
No. 16-0232/MC. U.S. v. Donovan S. Cooper. CCA 201500235.
No. 16-0233/AR. U.S. v. Michael J. Moody. CCA 20121083.
No. 16-0234/AR. U.S. v. David L. Ousnamer. CCA 20150303.
No. 16-0235/AF. U.S. v. Wayde A. Weisleder, Jr. CCA S32243.
Petitions for Grant of Review Denied
No. 16-0079/NA. U.S. v. Fabian J.
Thompson. CCA 201400072.
No. 16-0142/AR. U.S. v. Eduardo P. Diaz. CCA 20140254.
No. 16-0143/AR. U.S. v. Brando Lugo. CCA 20150150.
No. 16-0144/AR. U.S. v. Mathew T. Whitney. CCA 20150119.
No. 16-0145/AR. U.S. v. Willie L. Copeland III. CCA 20150477.
No. 16-0146/AR. U.S. v. Justin E. McDonald. CCA 20150452.
No. 16-0147/MC. U.S. v. Armando Ramirez. CCA 201500123.
No. 16-0149/AR. U.S. v. Allen B. Carney. CCA 20140654.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
December 18, 2015
Petitions for Grant of Review Filed
No. 16-0225/AR. U.S. v. James G. MacDonald. CCA
20140678.
No. 16-0226/AF. U.S. v. Mark M. Evans.
CCA 38651.
No. 16-0227/AR. U.S. v. Jimmy C. Bourque. CCA
20130494.
No. 16-0228/AR. U.S. v. Michael P. Lewiscooper. CCA
20130909.
Miscellaneous Docket - Filings
No. 16-0236/AF. Franklin G.U. Cruz, Appellant v. Christopher
F. Burne, Lieutenant General, the Judge Advocate General of the United Air
Force, Andrew J. Toth, Brigadier General, Commander, 36th Wing,
Andersen Air Force Base, Guam, Matthew T. Jarreau, Colonel, Staff Judge
Advocate, 36th Wing, Andersen Air Force Base, Guam, and United
States, Appellees. CCA 2015-05.
Notices of Designation
No. 15-0749/AF. U.S. v. Daniel H. Chin.
CCA 38452.
No. 16-0014/NA. U.S. v. Jacob L. Pease.
CCA 201400165.
No. 16-0026/AR. U.S. v. Antiwan M. Henning. CCA
20150410.
At
the request of Chief Judge Charles E. "Chip" Erdmann, Chief Justice John G. Roberts,
Jr., has designated Senior Judge David Brian Sentelle of the United States
Court of Appeals for the District of Columbia Circuit to perform the duties of
a Judge of the United States Court of Appeals for the Armed Forces for the
above captioned cases pursuant to Article 142(f), Uniform Code of Military
Justice, 10 U.S.C. § 942(f)(2012).
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
December 17, 2015
Petitions for Grant of Review Filed
No. 16-0224/NA. U.S. v. James P. Branen. CCA 201400412.
Petitions for Grant of Review Denied
No. 16-0066/NA. U.S. v. Lamont E. Hoyes. CCA 201300303.
No. 16-0098/AR. U.S. v. Carl W. Thomas II. CCA 20130698.
No. 16-0100/AR. U.S. v. Christopher W. Crawford. CCA 20140508.
No. 16-0131/AR. U.S. v. Michael D. Smiley. CCA 20140575.
No. 16-0136/AR. U.S. v. Benjamin A. McCoy. CCA 20140629.
No. 16-0138/AR. U.S. v. Nicholas J. Marshall. CCA 20130895.
Interlocutory Orders
No. 15-0754/MC. U.S. v. Beau T. Martin. CCA 201400315. On consideration of Appellant/Cross-Appellee's motion to extend time to file a consolidated
reply and answer brief, it is ordered that said motion is hereby granted to
January 21, 2016.
No. 16-0222/AR. U.S. v. Robert S. Chiaravallotti. CCA 20130166. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 4, 2016.
Rules Changes
Upon
careful consideration of proposed changes to the Rules of Practice and
Procedure, United States Court of Appeals for the Armed Forces, which were
presented to and reviewed by the Rules Advisory Committee of the United States
Court of Appeals for the Armed Forces and thereafter published in the Federal
Register for comment, it is ordered that effective February 1, 2016, Rules 5,
21(b)(5)(F), and 37 are hereby amended, as provided in the attachment to this
Order (deletions appear with strikethrough and changes appear in bold
typeface).
For the Court,
/s/ William A. DeCicco
Clerk
of the Court
RULE 5. SCOPE OF REVIEW
The Court acts only with respect to the findings and
sentence as approved by reviewing authorities, and as affirmed or set aside as
incorrect in law by a Court of Criminal Appeals, except insofar as it may take
action on a certificate for review or a petition for review of a decision by a
Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 USC § 862, or to grant extraordinary relief in aid
of its jurisdiction including the exercise of its supervisory powers over
the administration of the UCMJ. The Court may specify or act on any issued
concerning a matter of law which materially affects the rights of the parties.
RULE
21. SUPPLEMENT TO
PETITION FOR GRANT OF REVIEW
(a) Unchanged.
(b) (1)
- (4) Unchanged.
(5)(A) – (E) Unchanged.
(F) so far departed from accepted and usual
course of judicial proceedings, or so far sanctioned such a departure by a
court-martial or other person acting under the authority of the UCMJ, as to call for an exercise of this Court's power
of supervision warrant review by the
Court; or
(Remainder of Rule Unchanged.)
RULE
37. PRINTING,
COPYING AND STYLE REQUIREMENTS
(a) Printing.
Except for records of trial and as otherwise provided by Rules
24(f) and 27(a)(4) or any order of the Court
regarding the electronic filing of pleadings, all pleadings or other papers
relative to a case shall be typewritten and double-spaced, printed on one side
only on white unglazed paper, 8.5 by 11 inches in size, securely fastened in
the top left corner. All printed matter must
appear in monospaced typeface, e.g., Courier or
Courier New, using 12-point type with no more than ten and ½ characters per inch, including footnotes, must appear in proportional type, e.g., Times
New Roman. The use of 14-point type is
required. Margins must be at least 1 inch on all four
sides. Page numbers may be placed in the
margin but no text may appear in the margin.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 16, 2015
Petitions for Grant of Review Filed
No. 16-0222/AR. U.S. v. Robert S. Chiaravallotti. CCA 20130166.
Certificates for Review Filed
No. 16-0223/MC. U.S.
v. Monifa J. Sterling. CCA 201400150. Notice
is hereby given that a certificate for review of the decision of the United
States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on
this 16th day of December, 2015, on the following issues:
I.
DID APPELLANT'S FAILURE TO FOLLOW AN INSTRUCTION ON THE ACCOMMODATION OF
RELIGIOUS PRACTICES IMPACT HER CLAIM FOR RELIEF UNDER THE RELIGIOUS FREEDOM
RESTORATION ACT?
II.
DID APPELLANT WAIVE OR FORFEIT HER RELIGIOUS FREEDOM RESTORATION ACT CLAIM OF
ERROR BY FAILING TO RAISE IT AT TRIAL?
Briefing
will follow the scheduled specified in the order of the Court in United
States v. Sterling, __ M.J. __ (C.A.A.F. 2015) (Daily Journal December 10, 2015).
Interlocutory Orders
No. 16-0006/CG. U.S. v. Matthew A. Rogers.
CCA 1391. Appellant's motion to extend time to file a
brief granted to January 15, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 15, 2015
Petitions for Grant of Review Filed
No. 16-0217/AR. U.S. v. Willie Padilla. CCA 20130874.
No. 16-0218/AF. U.S. v. Alexander M.
Kirby. CCA S32295.
No. 16-0219/AR. U.S. v. Josiah P. Rudy. CCA 20140078.
No. 16-0220/NA. U.S. v. Alexander P.
Sanchez. CCA 201400302.
No. 16-0221/AR. U.S. v. Jonathon A. Jonguitud. CCA 20150249.
Interlocutory Orders
No. 16-0151/AR. U.S. v. James B. Evans. CCA 20140021. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 4, 2016.
No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201500244. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 4, 2016.
No. 16-0216/AF. U.S. v. Tavarse A. Green. CCA 38586. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 4, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
December 14, 2015
Petitions for Grant of Review Filed
No. 16-0210/AR. U.S. v. Shaquel
R. Washington.
CCA
20150115.
No. 16-0211/AR. U.S. v. Kendrell
J. Marshall.
CCA
20131026.
No. 16-0212/AR. U.S. v. Jordan P. Williams. CCA 20140035.
No. 16-0213/NA. U.S. v. Rashad D. Long. CCA 201500224.
No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201500244.
No. 16-0215/AR. U.S. v. Brian A. Messina. CCA 20140407.
No. 16-0216/AF. U.S. v. Tavarse A. Green. CCA 38586.
Petitions for Grant of Review Denied
No. 16-0083/AF. U.S. v. Anthony L.W. Peacock. CCA 38043.
No. 16-0115/AR. U.S. v. Shaun C. Lough. CCA 20140403.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
December 11, 2015
Petitions for Grant of Review Filed
No. 16-0207/AR. U.S. v. Sacorah
Tillman.
CCA
20150097.
No. 16-0208/AR. U.S. v. Robert P. Johnson. CCA 20140583.
No. 16-0209/AF. U.S. v. Adrian J. Palma.
CCA 38638.
Petitions for Grant of Review Denied
No. 16-0132/AF. U.S. v. Kenneth Robinson.
CCA 38558.
No. 16-0134/AR. U.S. v. Travis W. Lowry. CCA 20120966.
No. 16-0135/AR. U.S. v. Andrew W. Cuccaro. CCA 20130338.
Miscellaneous Docket - Summary
Dispositions
No.
16-0116/AR. Hearst Newspaper, LLC; The Associated Press; Bloomberg L.P.; Buzzfeed, Inc.; Dow Jones & Company, Inc.; First Look
Media, Inc.; Gannett Co., Inc.; McClatchy Co., The New York Times Company;
Reuters America LLC; WP Company, LLC D/B/A The Washington Post, Appellants v.
Robert B. Abrams, General, U.S. Army, in his official capacity as Commander of
United States Army Forces Command, Fort Bragg, NC, and General Court-Martial
Convening Authority; Peter Q. Burke, Lieutenant Colonel, AG, U.S. Army, in his
official capacity as Commander, Special Troops Battalion, U.S. Army Forces
Command, Fort Bragg, NC, and Special Court-Martial Convening Authority; Mark A.
Visger, Lieutenant Colonel, JA, U.S. Army, in his official capacity as Preliminary
Hearing Officer for Article 32 Proceedings against Robert B. Bergdahl, Sergeant, U.S. Army; and United States, Appellees. CCA 20150652. On consideration of the writ-appeal petition,
it is ordered that said writ-appeal petition is hereby dismissed for the
reasons stated in the decision of the United States Army Court of Criminal
Appeals.
No.
16-0119/AR. Robert B. Bergdahl, Appellant v. General
Robert B. Abrams, and Lieutenant Colonels Peter Q. Burke and Mark A. Visger, U.S. Army, in their official capacity, and United
States, Appellees.
CCA
20150652. On consideration of the
writ-appeal petition, Appellant-Intervenor's motion
for a expedited hearing and motion to suspend rules, and Appellees' motion to
file out of time a response to the writ-appeal petition, it is ordered that
said writ-appeal petition is hereby denied, and that said motions are hereby
denied as moot.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
December 10, 2015
Petitions for Grant of Review Denied
No. 16-0085/AR. U.S. Lawrence J. Kinsley. CCA
20140512.
No. 16-0096/AR. U.S. v. Benjamin D. Johnson. CCA
20140027.
No. 16-0097/AR. U.S. v. Michael A. Williams. CCA
20140582.
No. 16-0108/AR. U.S. v. Timothy E. Bennitt. CCA
20100172.
No. 16-0118/AR. U.S. v. Lars J. Randolph-Lewis. CCA
20140753.
Petitions for Grant of Review -
Summary Dispositions
No. 16-0130/AR. U.S.
v. Donaciano Bosquez III. CCA 20140256. On consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal Appeals, it
is ordered that said petition is hereby granted, and the decision of the United
States Army Court of Criminal Appeals is affirmed.*
* It is noted that the decision of the
United States Army Court of Criminal Appeals incorrectly stated that Appellant
was tried by a general court-martial. In fact, as the record of trial
indicates, this was a special court-martial.
Petition for Reconsideration Denied
No. 15-0403/AR. Armand Andreozzi v. United States. On consideration of the motion for
reconsideration and Petitioner's motion file reconsideration out of time, it is
ordered that Petitioner's motion to file out of time is hereby granted and that
the motion for reconsideration is hereby denied. Petitioner does not present
good cause for reconsideration because this court lacks jurisdiction to grant
the relief that he seeks. See Clinton v. Goldsmith, 526 U.S. 529, 534 (1999);
see also 28 U.S.C. § 2241.
Interlocutory Orders
No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. On consideration of Appellee's
motion for an enlargement of time to file a certificate for review, Appellant's
opposition to the motion, and Appellant's motion to attach, it is ordered that
the motion to enlarge time to file a certificate for review in the instant case
is hereby granted to December 18, 2015. Appellee is advised that requests in
future cases to enlarge time to file certificates for review due to the
complexity of the issues, staffing requirements, or any other non-extraordinary
circumstances will not be favorably received. Appellant's brief on the granted
issues is due on December 14, 2015. Appellee will file a consolidated brief on
both the granted issues and the issue stated in the certificate for review on
or before January 19, 2016. Appellant's answer brief on the certified issue
will be filed within 30 days of the filing of Appellee's consolidated brief. If
Appellant wishes to file a reply brief on the granted issues, that brief will
be consolidated with the answer brief on the certified issue. Appellee may file
a reply brief on the certified issue within 10 days of the filing of
Appellant's brief on the certified issue. Appellant's motion to attach is
hereby granted.
No. 16-0162/NA. U.S. v. Alonzo Bass III.
CCA
201400229. On consideration of Appellee's motion for an enlargement of time to file a
certificate for review, it is ordered that the motion to enlarge time to file a
certificate for review in the instant case is hereby granted to December 18,
2015. Appellee is advised that requests in future cases to enlarge time to file
certificates for review due to the complexity of the issues, staffing
requirements, or any other non-extraordinary circumstances will not be
favorably received.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 9, 2015
Petitions for Grant of Review Filed
No. 16-0203/AR. U.S. v. Peter Oswald. CCA 20130682.
No. 16-0204/AR. U.S. v. Christopher L. Spencer. CCA 20140783.
No. 16-0205/AR. U.S. v. Jennifer A. Onei. CCA 20140876.
No. 16-0206/AR. U.S. v. Jason D. Sanders. CCA 20150213.
Interlocutory Orders
No. 15-0754 & 16-0122/MC. United States, Appellee/Cross-Appellant v. Beau T. Martin,
Appellant/Cross-Appellee. CCA 201400315. On consideration of Appellee/Cross-Appellant's
motion for leave to file a supplement to the joint appendix, it is ordered that
said motion is hereby granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 8, 2015
Petitions for Grant of Review Filed
No. 16-0189/AR. U.S. v. Lewis M. Shepard. CCA 20130907.
No. 16-0190/AR. U.S. v. Stephen A. Sandoval. CCA 20150072.
No. 16-0191/AR. U.S. v. Timothy C. Connors. CCA 20140347.
No. 16-0192/AF. U.S. v. David J. Stanford.
CCA 38615.
No. 16-0193/AF. U.S. v. Richard Bragassa. CCA 38604.
No. 16-0194/AR. U.S. v. Solomon J. Ball IV. CCA 20140405.
No. 16-0195/AR. U.S. v. Dustin A. Lamczyk. CCA 20140776.
No. 16-0196/AR. U.S. v. Curtis Maxwell. CCA 20130922.
No. 16-0197/AR. U.S. v. Jacob S. Campbell. CCA 20140255.
No.
16-0198/AR. U.S. v. Corey B. Teed. CCA 20150117.
No. 16-0199/AR. U.S. v. Isaac D. Roberts. CCA 20140168.
No. 16-0200/AR. U.S. v. Richard A. Smith. CCA 20140251.
No. 16-0201/AR. U.S. v. Ashley N. Thomas. CCA 20120857.
No. 16-0202/AR. U.S. v. Rene Lozada,
Jr. CCA 20140711.
Petitions for Grant of Review Denied
No. 16-0095/AR. U.S. v. Shane C. Chambers. CCA 20140881.
No. 16-0104/AR. U.S. v. Raul Guemarez-Pagan. CCA 20140602.
Interlocutory Orders
No. 16-0122/MC. United States, Appellee/Cross-Appellant
v. Beau T. Martin, Appellant/Cross-Appellee. CCA 201400315. The Court
has accepted a consolidated pleading from the United States addressing both the
granted and the certified issues. In view of Rule 19(b)(3),
Rules of Practice and Procedure, it is ordered that appellate defense counsel
may file a consolidated pleading incorporating both a reply brief on the
granted issue and the answer brief on the certified issue on or before January
6, 2016, and the appellate government counsel may file a reply brief on the
certified issue within 10 days of the filing of appellate defense counsel's
consolidated brief.
No. 16-0175/AF. U.S. v. Joseph M. Gallegos
Jr., CCA 38546. Appellant's motion to extend time to file a
supplement to the petition for grant of review granted to December 28, 2015.
No. 16-0178/NA. U.S. v. Brian G. Provorse. CCA 201400301. Appellant's
motion to extend time to file a supplement to the petition for grant of review
granted to December 28, 2015.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
December 7, 2015
Petitions for Grant of Review Filed
No. 16-0178/NA. U.S. v. Brian G. Provorse. CCA 201400301.
No. 16-0179/AR. U.S. v. Matthew R. Bergeron. CCA 20140361.
No. 16-0180/AR. U.S. v. Charlie M. Kendrick. CCA 20120506.
No. 16-0181/AR. U.S. v. Alex F. Silva. CCA 20130838.
No. 16-0182/AR. U.S. v. Tyrece
L. Mullen.
CCA
20130669.
No. 16-0183/AR. U.S. v. Jonathan R. Williams. CCA 20140868.
No. 16-0184/AR. U.S. v. Bradley T. Fontenelle. CCA 20140424.
No. 16-0185/AR. U.S. v. Stephen C. Barlow. CCA 20130587.
No. 16-0186/AR. U.S. v. Travis R. McGruder. CCA 20130294.
No. 16-0187/AR. U.S. v. Allen H. Tapp. CCA 20130776.
No. 16-0188/AR. U.S. v. Jason L. Caraballo. CCA 20131003.
Petitions for Grant of Review Denied
No. 16-0073/AR. U.S. v. Matthew B. Thornton. CCA 20140724.
No. 16-0084/AF. U.S. v. Paul Y. Stephan.
CCA 38568.
No. 16-0120/AF. U.S. v. Devon P. Johnson.
CCA
S32047.
No. 16-0121/AR. U.S. v. Andrew R. Belt. CCA 20140968.
No. 16-0123/AR. U.S. v. Joshua M. Reid. CCA 20140225.
No. 16-0124/AR. U.S. v. Joseph S. Vinavong. CCA 20140374.
No. 16-0125/AR. U.S. v. Joey L. Hernandez. CCA 20140863.
No. 16-0126/AR. U.S. v. Steven Valencia. CCA 20130558.
No. 16-0127/AR. U.S. v. Travis W. Cloke. CCA 20140817.
No. 16-0128/AR. U.S. v. Brandon D. Hill. CCA 20130791.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
December 4, 2015
Petitions for Grant of Review Filed
No. 16-0174/MC. U.S. v. Nathaniel L. Cosby. CCA 201400318.
No. 16-0175/AF. U.S. v. Joseph M. Gallegos Jr.,. CCA 38546.
No. 16-0176/AR. U.S. v. Blake A. Poulsen. CCA 20150064.
No. 16-0177/AR. U.S. v. Herlinda
Hubbard.
CCA
20150048.
Petitions for Grant of Review Denied
No. 16-0101/AR. U.S. v. Kevin V. Morton. CCA 20150175.
No. 16-0113/AR. U.S. v. Jose M. Melendez. CCA 20140314.
No. 16-0114/AF. U.S. v. Michael L.
Merritt. CCA 38653.
Interlocutory Orders
No. 15-0510/MC. U.S. v. Monifa
J. Sterling.
CCA
201400150. On consideration of
the motion filed by Michael H. McGinley, Esq., to appear pro hac vice, it is ordered that said motion is hereby granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday, December 3, 2015
Petitions for Grant
of Review Filed
No. 16-0173/MC. U.S.
v. Joseph R. Franklin. CCA 201500130.
Petitions for Grant
of Review Denied
No. 16-0034/AR. U.S.
v. William D. Record. CCA 20130721.
No. 16-0109/AR. U.S.
v. Guillermo F. Castillo. CCA 20130496.
No. 16-0110/AR. U.S.
v. Roderick N. Pugh. CCA 20140176.
No. 16-0112/AR. U.S.
v. Corey W. Sanders. CCA 20140408.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, December 2, 2015
Petitions for Grant
of Review Filed
No. 16-0167/AR. U.S.
v. Joshua R. Sickels. CCA 20110110.
No. 16-0168/AR. U.S.
v. Isai Varelasalas. CCA 20150163.
No. 16-0169/AF. U.S.
v. Darryl L. Baker III. CCA 38756.
No. 16-0170/AF. U.S.
v. Russell J. Gorecki. CCA 38654.
No. 16-0171/AF. U.S.
v. Jacob D. Cameron. CCA 38581.
No. 16-0172/AF. U.S.
v. Darius J. Broom. CCA S32282.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 1, 2015
Petitions for Grant of Review Denied
No. 15-0757/MC.
U.S. v. William M. Lefevers. CCA 201400312.
No. 16-0030/AF. U.S. v. Daniel W. Hill. CCA 38648.
No. 16-0088/MC.
U.S. v. Michael I. Woodye. CCA 201400336.
No. 16-0102/AR.
U.S. v. Gianlouis Deconinck. CCA 20140096.
No. 16-0105/AR.
U.S. v. Ryan D. Osborn. CCA 20130949.
Orders Granting Petition for Review
No. 16-0006/CG. U.S. v. Matthew A.
Rogers. CCA 1391. On consideration of the petition for grant of
review of the decision of the United States Coast Guard Court of Criminal
Appeals, said petition is granted on the following issue specified by the
Court:
WHETHER THE MILITARY JUDGE ERRED IN
DENYING THE IMPLIED BIAS CHALLENGE AGAINST CDR K IN LIGHT OF HER VARIOUS
PROFESSIONAL AND PERSONAL EXPERIENCE WITH SEXUAL ASSAULT.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 16-0034/AR.
U.S. v. William D. Record. CCA 20130721. Appellant's
motion to consider matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982)
out of time is granted.
No. 16-0068/NA. U.S. v. Dustin M. Clark. CCA 201400232. Appellee's motion for an extension of time to file
an answer brief is granted, but only up to and including January 5, 2016.
No. 16-0108/AR.
U.S. v. Timothy E. Bennitt. CCA 20100172. Appellant's motion to attach page 8 to the supplement to the petition for
grant of review is granted.
No.
16-0116/AR. Hearst Newspaper, LLC; The Associated Press; Bloomberg L.P.; Buzzfeed, Inc.; Dow Jones & Company, Inc.; Gannett Co.,
Inc.; McClatchy Co., The New York Times Company; Reuters America LLC; WP
Company, LLC D/B/A The Washington Post, Appellants v. Robert B. Abrams,
General, U.S. Army, in his official capacity as Commander of United States Army
Forces Command, Fort Bragg, NC, and General Court-Martial Convening Authority; Peter
Q. Burke, Lieutenant Colonel, AG, U.S. Army, in his official capacity as
Commander, Special Troops Battalion, U.S. Army Forces Command, Fort Bragg, NC,
and Special Court-Martial Convening Authority; Mark A. Visger,
Lieutenant Colonel, JA, U.S. Army, in his official capacity as Preliminary
Hearing Officer for Article 32 Proceedings against Robert B. Bergdahl, Sergeant, U.S. Army; and United States, Appellees. Appellant's motion to extend time to file a reply is granted to
December 3, 2015
No. 16-0140/CG. U.S. v. Elmer L. Molina.
CCA 1393. Appellant's second motion to extend time is
granted to December 14, 2015.
No. 16-0162/NA. U.S. v. Alonzo Bass III.
CCA
201400229. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to December 21, 2015.
No. 16-0165/AF. U.S. v. Charles N. Yohe. CCA 37950. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to December 21, 2015.
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