UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, June 30, 2015
Petitions for Grant
of Review Filed
No. 15-0668/AR. U.S.
v. Steven Ramirez II. CCA 20130389.
No. 15-0669/AF. U.S.
v. Reyna R. Lopeztegui. CCA S32209.
No. 15-0670/AR. U.S.
v. Abess K. Safiedeen. CCA 20121124.
No. 15-0671/AR. U.S.
v. Robert P. Marci. CCA 20140840.
No. 15-0672/AF. U.S.
v. Michael S. Landon. CCA 38560.
No. 15-0673/AR. U.S.
v. Hugo Rosalesleonor. CCA 20140230.
Petitions for Grant
of Review Denied
No. 15-0328/MC. U.S.
v. Nicholas A. Howard. CCA 201300346.
No. 15-0415/AR. U.S.
v. Gregory B. Harris. CCA 20130310.
No. 15-0423/AR. U.S.
v. Todd H.F. Knight. CCA 20121152.
No. 15-0443/AR. U.S.
v. Darnell M. Tillman. CCA 20130973.
No. 15-0458/AR. U.S.
v. Owen N. Brown.
CCA
20130600.
No. 15-0525/AR. U.S.
v. Dimas E. Alvarez-Fuentes. CCA 20130407.
No. 15-0535/AR. U.S.
v. Brian M. Roberts. CCA 20140366.
No. 15-0551/AF. U.S.
v. Christopher R. Woodard. CCA S32170.
No. 15-0605/AR. U.S.
v. Thomas A. Myrie. CCA 20140980.
Appeals - Summary
Dispositions
No. 14-0773/AF. U.S. v. Jeremiah L. Thompson III. CCA 38269. On consideration
of the granted issue (74 M.J. ___ (C.A.A.F. December 9, 2014)), and in light of United
States v. Piolunek, 74 M.J.
107 (C.A.A.F. 2015), we conclude that there is no
indication that in arriving at his findings, the military judge relied on an
unsound, let alone unconstitutional, legal theory. "Military judges are presumed to know the law
and to follow it absent clear evidence to the contrary." United
States v. Erickson, 65 M.J. 221, 225 (C.A.A.F. 2007). Consequently, we can presume that the military
judge properly applied the definitions of the Child Pornography Prevention Act
of 1996, 18 U.S.C. § 2252A (2006), and the factors
outlined in United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal.
1986), to conduct a constitutionally sound evaluation, and based the verdict
solely on non-protected images. Accordingly,
it is ordered that the decision of the United States Air Force Court of
Criminal Appeals is affirmed.
No. 14-5009/AF. United States, Appellee/Cross-Appellant
v. Patrick J. Huey, Jr. Appellant/Cross-Appellee.
CCA 38139. On consideration of the granted issue, 73 M.J. 347 (C.A.A.F. 2014), and the
certified issue, 73 M.J. 415 (C.A.A.F.
2014), the briefs of the parties, and in light of United States v. Piolunek, 74 M.J. 107 (C.A.A.F. 2015), we conclude that there is no indication
that in arriving at his findings, the military judge relied on an unsound, let
alone unconstitutional, legal theory. "Military
judges are presumed to know the law and to follow it absent clear evidence to
the contrary." United States v. Erickson, 65 M.J. 221, 225 (C.A.A.F. 2007).
Consequently, we can presume that the
military judge properly applied the definitions of the Child Pornography
Prevention Act of 1996, 18 U.S.C. § 2252A (2006), and
the factors outlined in United States v. Dost, 636 F. Supp. 828, 832
(S.D. Cal. 1986), to conduct a constitutionally sound evaluation, and based the
verdict solely on non-protected images. Accordingly,
it is ordered that the decision of the United States Air Force Court of
Criminal Appeals is affirmed. The certified issue is moot.
Orders Granting
Petition for Review
No. 15-0425/AF. U.S. v. Alan J. Killion, Jr. CCA S32193. 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 on the following
issues:
I. WHETHER APPELLANT'S CONVICTION FOR PROVOKING
SPEECH IS LEGALLY INSUFFICIENT BECAUSE "UNDER THE CIRCUMSTANCES" HIS
WORDS WERE NOT REASONABLY LIKELY TO PROVOKE VIOLENCE.
II. WHETHER THE MILITARY JUDGE'S
INSTRUCTIONS REGARDING PROVOKING SPEECH WERE DEFICIENT UNDER THE FACTS AND
CIRCUMSTANCES OF APPELLANT'S CASE.
Briefs will be filed under Rule 25.
Interlocutory Orders
No. 15-0328/MC. U.S.
v. Nicholas A. Howard. CCA 201300346. Appellant's
motion to attach documents is granted.
No. 15-0667/AF. U.S.
v. Veon D. Selman. CCA 38626. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to July 20, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 29, 2015
Petitions for Grant
of Review Filed
No. 15-0665/MC. U.S.
v. Lee R. Sykes.
CCA
201400144.
No. 15-0666/AF. U.S.
v. Justin A. Crakow. CCA S32185.
No. 15-0667/AF. U.S.
v. Veon D. Selman. CCA 38626.
Petitions for Grant
of Review Denied
No. 15-0357/MC. U.S.
v. Levon Tyler. CCA 201200327.
No. 15-0587/AF. U.S.
v. Matthew B. Albright. CCA 37961.
No. 15-0596/AR. U.S.
v. Robert D. Pelfrey. CCA 20140695.
No. 15-0600/AR. U.S.
v. Harold B. Hill.
CCA
20130240.
No. 15-0601/AR. U.S.
v. Tamika A. Mathews. CCA 20140273.
No. 15-0607/AF. U.S.
v. Kelton M. Bradshaw. CCA 38490.
Petitions for Grant
of Review - Summary Dispositions
No. 15-0493/AR. U.S.
v. Rodney S. Nelson. CCA 446858. 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 dismissed as untimely filed.
Interlocutory Orders
No. 15-0628/MC. U.S.
v. Joseph A. Dyas. CCA 201400250. Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted to July 15,
2015.
No. 15-0665/MC. U.S.
v. Lee R. Sykes.
CCA
201400144. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to July 20, 2015.
Mandates Issued
No. 14-0792/AR. U.S.
v. Collin J. Carter. CCA 20121046.
No. 15-0029/AR. U.S.
v. Levi A. Keefauver. CCA 20121026.
No. 15-0059/NA. U.S.
v. Darron D. Ward, Jr. CCA
201400021.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, June 26, 2015
Petitions for Grant
of Review Filed
No. 15-0664/AF. U.S.
v. Sean J. Chero. CCA 38470.
Miscellaneous Docket
- Summary Dispositions
No. 15-0573/AF. Charles A. Wilson
III, Appellant v. United States, Appellee. CCA 2015-02. On
consideration of the writ-appeal petition, it is ordered 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.
Interlocutory Orders
No. 15-0260/AF. U.S.
v. Andrew P. Witt. CCA 36785. On
consideration of Appellant's motion for leave to file a defense appendix, it is
ordered that said motion is hereby denied. Appellant will file a brief on or
before July 1, 2015. The joint appendix will be filed on or before July 16,
2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, June 25, 2015
Petitions for Grant
of Review Filed
No. 15-0662/MC. U.S.
v. Blas M. Escamilla. CCA 201400168.
No. 15-0663/AF. U.S.
v. Cory R. Sherman. CCA S32270.
Interlocutory Orders
No. 15-0662/MC. U.S.
v. Blas M. Escamilla. CCA 201400168. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 15, 2015.
Mandates Issued
No. 14-0744/NA. U.S.
v. Allyssa K. Simmermacher.
CCA
201300129.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 24, 2015
Petitions for Grant
of Review Filed
No. 15-0656/AR. U.S.
v. Jonathan T. Jordan. CCA 20130366.
No. 15-0657/AR. U.S.
v. River A. Wright. CCA 20150065.
No. 15-0658/AR. U.S.
v. Timothy J. Rodriguez, Sr. CCA 20140466.
No. 15-0659/AR. U.S.
v. Jeffery G. Barnes, Jr. CCA 20120308.
No. 15-0660/AF. U.S.
v. Benjamin A. Feldkamp. CCA 38493.
No. 15-0661/AR. U.S.
v. Jesse J. Caballero. CCA 20130665.
Petitions for Grant
of Review Denied
No. 15-0594/NA. U.S.
v. Christian D. Wille. CCA 201400394.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 22, 2015
Petitions for Grant
of Review Filed
No. 15-0653/AR. U.S.
v. Jermaine P. Collins Sr. CCA 20130402.
No. 15-0654/AR. U.S.
v. Scott T. Doyle.
CCA
20140322.
No. 15-0655/AR. U.S.
v. William S. Manning. CCA 20130835.
Petitions for Grant
of Review Denied
No. 15-0519/AR. U.S.
v. Thomas D. Delooff, Jr. CCA
20130553.
No. 15-0575/AR. U.S.
v. Nathaniel A. Wilcher. CCA 20140610.
No. 15-0576/AR. U.S.
v. Damion M. Petee. CCA 20140809.
No. 15-0577/AR. U.S.
v. Mario A. Jinetecabarcas. CCA 20130444.
No. 15-0578/AR. U.S.
v. Austen C. Fuller. CCA 20140710.
No. 15-0582/AR. U.S.
v. Samuel K. Hanawahine. CCA 20140641.
No. 15-0583/AF. U.S.
v. Collin R. Gray. CCA S32178.
No. 15-0584/AF. U.S.
v. Donald M. Shirreffs III. CCA S32248.
No. 15-0588/AF. U.S.
v. Michael A. Habbe. CCA 38562.
No. 15-0589/AF. U.S.
v. Thienbuu J. Nguyen. CCA 38570.
No. 15-0591/AF. U.S.
v. Jesse R. Waite. CCA 38357.
Interlocutory Orders
No. 15-0652/AF. U.S.
v. Robert A. Bondo. CCA 38438. Appellant's motion to extend time to file a
supplement to the petition for grant of review granted to July 9, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, June 19, 2015
Petitions for Grant
of Review Filed
No.
15-0652/AF.
U.S. v. Robert A. Bondo. CCA 38438.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, June 18, 2015
Petitions for Grant
of Review Filed
No. 15-0645/AR. U.S.
v. Stephen J. Fowler. CCA 20121079.
No. 15-0646/AR. U.S.
v. Ian W. Curtis.
CCA
20130289.
No. 15-0647/AR. U.S.
v. Joseph D. Kurtzweil. CCA 20130435.
No. 15-0648/AR. U.S.
v. Michael L. Howard. CCA 20140106.
No. 15-0649/AR. U.S.
v. Zachary T. Lawrence. CCA 20130249.
No. 15-0650/AR. U.S.
v. William E. Mayberry. CCA 20130218.
No. 15-0651/NA. U.S.
v. Arvis D. Owens. CCA 201300485.
Petitions for Grant
of Review Denied
No. 15-0438/AR. U.S.
v. Marquill D. Willis. CCA 20120999.
No. 15-0603/AF. U.S.
v. Jonathan W. James. CCA S32213.
Interlocutory Orders
No. 15-0639/AR. U.S.
v. Joshua D. Chandler. CCA20120680. Appellant's
motion to extend time to file a supplement to the petition for grant of review
granted to July 6, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 17, 2015
Petitions for Grant
of Review Filed
No. 15-0642/AF. U.S.
v. Mason W. Mandy. CCA 38227.
No. 15-0643/AR. U.S.
v. Eli Valenzuela.
CCA
20140434.
No. 15-0644/AR. U.S.
v. Angel Barrera.
CCA
20140085.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, June 16, 2015
Petitions for Grant
of Review Filed
No. 15-0634/AR. U.S.
v. Daryl A. Rhodes. CCA 20140248.
No. 15-0635/AR. U.S.
v. Matthew Acelouis. CCA 20140742.
No. 15-0636/AR. U.S.
v. Eric W. Cooper.
CCA
20121161.
No. 15-0637/AR. U.S.
v. Benjamin M. Bush. CCA 20130910.
No. 15-0638/AR. U.S.
v. Alejandro L. Perez III. CCA 20130174.
No. 15-0639/AR. U.S.
v. Joshua D. Chandler. CCA 20120680.
No. 15-0640/AR. U.S.
v. Kyle S. Sutton.
CCA
20130293.
No. 15-0641/AR. U.S.
v. Frederick A. Thomas III. CCA 20140707.
Interlocutory Orders
No. 15-0560/AR. U.S.
v. Cornelius T. Summers. CCA 20121104. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to June 30, 2015.
No. 15-0616/AR. Robert
B. Bergdahl, Appellant v. Mark A. Milley,
General, U.S. Army, in his official capacity as Commanding General, U.S. Army Forces
Command and General Court-Martial Convening Authority, and United States, Appellees. CCA 20150383. On
consideration of Appellee's motion to file an
extension of time out of time and motion to extend time to file an answer to
the writ-appeal petition, it is ordered that said motions are hereby granted,
and that Appellees will file an answer to the
writ-appeal petition on or before June 22, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 15, 2015
Petitions for Grant
of Review Filed
No. 15-0633/AF. U.S.
v. Matthieu M. Stephens. CCA 38487.
Petitions for Grant
of Review Denied
No. 15-0565/AF. U.S.
v. Michael P. Labrie. CCA 38529.
No. 15-0566/AF. U.S.
v. Donnell E. Freeman. CCA 38494.
No. 15-0567/AF. U.S.
v. Jory D. Hodge. CCA 38563.
No. 15-0569/AF. U.S.
v. Nicholas A. Fields. CCA S32239.
No. 15-0570/AR. U.S.
v. Timothy D. Kurtz. CCA 20130215.
Mandates Issued
No. 15-0112/AR.
U. S. v. Tahir L. Muwwakkil. CCA 20140536.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, June 12, 2015
Petitions for Grant
of Review Filed
No. 15-0631/AR. U.S.
v. Stanley S. Jnbaptiste. CCA 20121113.
No. 15-0632/AR. U.S.
v. William T. Spencer. CCA 20140909.
Petitions for Grant
of Review Denied
No. 15-0550/AR. U.S.
v. Joshua F. Pilgrim. CCA 20131015.
No. 15-0555/AR. U.S.
v. Orion A. Corbin. CCA 20140759.
No. 15-0556/AR. U.S.
v. John A. Mason.
CCA
20140028.
No. 15-0557/AR. U.S.
v. Javier O. Barrera. CCA 20140590.
No. 15-0558/AR. U.S.
v. Taarik C. Clark. CCA 20140692.
Miscellaneous Docket
- Summary Dispositions
No. 15-0559/AR.
Maurice K. Robins, Appellant v. United States, Appellee
CCA 2050237.
On consideration of the writ-appeal petition, it is ordered that said
writ-appeal petition is hereby denied.
Interlocutory Orders
No. 14-0633/AF. U.S.
v. Dustin A. Miller. CCA 37869. On
consideration of Appellant's motion for leave to file a petition for
reconsideration out of time and other appropriate relief, and Appellee's motion to dismiss the petition for
reconsideration for lack of jurisdiction, motion to attach, motion to withdraw
the motion to attach, and motion to attach, it is ordered that Appellant's
motion for leave to file a petition for leave to file the petition for
reconsideration out of time and other appropriate relief is hereby denied, and Appellee's motion to dismiss the petition for
reconsideration for lack of jurisdiction, motion to attach, motion to withdraw
the motion to attach, and motion to attach are hereby denied as moot.
No. 15-0390/AR. U.S.
v. Kye C. Womack. CCA 20140345. Appellant's motion to extend time to file a
brief granted to June 22, 2015.
No. 15-0572/AF. U.S.
v. John W. Saunders. CCA 2014-15. On consideration of the petition for grant of
review of the decision of the United States Air Force Court of Criminal Appeals
on appeal by the United States under Article 62, Uniform Code of Military
Justice, 10 U.S.C. § 862, and the motion filed by
Protect our Defenders for leave to file an Amicus Curiae brief in support of
the answer to the supplement to the petition for grant of review, it is ordered
that said motion is hereby denied, and said petition is hereby denied without
prejudice to Appellant's right to raise the issue asserted during the course of
normal appellate review.
No. 15-0607/AF. U.S.
v. Kelton M. Bradshaw. CCA 38490. Appellant's motion to attach a document is
hereby denied.
No. 15-0626/AF. U.S.
v. Clifton E. Huebner. CCA 37696. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 30, 2015.
No. 15-0628/MC. U.S.
v. Joseph A. Dyas. CCA 201400250. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 30, 2015.
No. 15-0631/AR. U.S.
v. Stanley S. Jnbaptiste. CCA 20121113. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to July 2, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, June 11, 2015
Petitions for Grant
of Review Filed
No. 15-0629/AR. U.S.
v. Tristan K. Whitfield. CCA 20130212.
No. 15-0630/AR. U.S.
v. Bryant R. Marshall. CCA 20140131.
Petitions for Grant
of Review - Summary Dispositions
No. 15-0604/AF. U.S. v. Patrick E. Leonard, Jr. CCA
38484. 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.*
* It is noted that the
decision of the United States Air Force Court of Criminal Appeals incorrectly
summarized the findings. Appellant was convicted of attempted sexual assault
and abusive sexual contact under Articles 80 and 120, Uniform Code of Military
Justice, 10 U.S.C. §§ 880 and 920 (2012). The lower
court mistakenly stated that he was convicted of attempted aggravated sexual
assault and aggravated sexual contact.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 10, 2015
Petitions for Grant
of Review Filed
No. 15-0626/AF. U.S.
v. Clifton E. Huebner. CCA 37696.
No. 15-0627/AR. U.S.
v. David A. Densmore. CCA 20140833.
No. 15-0628/MC. U.S.
v. Joseph A. Dyas. CCA 201400250.
Petitions for Grant
of Review Denied
No. 15-0504/AR. U.S.
v. Peter A. Stincer II. CCA 20131061.
No. 15-0529/AF. U.S.
v. Alexander J. Rowe. CCA 38482.
Interlocutory Orders
No. 15-0572/AF. U.S.
v. John W. Saunders. CCA 2014-15. On consideration of Appellant's motion to
withdraw an opposition to the motion of Protect Our Defenders for leave to file
an Amicus brief in support of the answer to the supplement to the petition for
grant of review, it is ordered that said motion is hereby granted.
No. 15-0606/MC. CB,
Appellant v. Moira Modzelewski, Captain, U.S. Navy, in
her official capacity as Military Judge, Appellee,
and Donald Foster, Lance Corporal, U.S. Marine Corps, Real Party in Interest. CCA 201500058.
On consideration of Appellee's
motion to remove the military judge named as the military judge Respondent and
substitute therefore the United States as Respondent, it is ordered that said
motion is hereby denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, June 9, 2015
Petitions for Grant
of Review Filed
No. 15-0625/AR. U.S.
v. Nestor A. Saravia. CCA 20130888.
Petitions for Grant
of Review Denied
No. 15-0546/AF. U.S.
v. Ryan T. Miller. CCA S32260.
No. 15-0547/AR. U.S.
v. John L. Apeldoorn. CCA 20120965.
Miscellaneous Docket
- Summary Dispositions
No. 15-0581/NA. Brian L. Brimeyer, Petitioner v. United States, Respondent Respondent. Respondent. On consideration of the petition for
extraordinary relief in the nature of a writ of habeas corpus, it is ordered
that said petition is hereby denied.
Interlocutory Orders
No. 15-0387/CG U.S. v. Christopher S. Cooley. CCA 1389. On consideration
of Appellant's motion for an expedited review, it is ordered that said motion
is hereby denied.*
* BAKER, Chief Judge
(dissenting):
Given the nature of the issue
presented, I would grant oral argument immediately.
No. 15-0606/MC. CB,
Appellant v. Moira Modzelewski, Captain, U.S. Navy, in
her official capacity as Military Judge, Appellee,
and Donald Foster,Lance Corporal, U.S. Marine Corps,
Real Party in Interest. CCA 201500058. On
consideration of Appellee's motion for an enlargement
of time to file an answer, it is ordered that said motion is hereby granted to
June 18, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 8, 2015
Petitions for Grant
of Review Filed
No. 15-0620/AR. U.S.
v. Dustin B. Huckleberry. CCA 20140812.
No. 15-0621/AR. U.S.
v. John M. Chavarria. CCA 20140551.
No. 15-0622/AR. U.S.
v. Kevin M. Reen. CCA 20130753.
No. 15-0623/AR. U.S.
v. Daniel J. Scott. CCA 20130599.
No. 15-0624/AR. U.S.
v. Kevin J. Shakely. CCA 20140108.
Petitions for Grant
of Review Denied
No. 15-0368/AR. U.S.
v. David A. Lopez.
CCA
20100457.
No. 15-0451/NA. U.S.
v. Marc A. Seals. CCA 201300367.
No. 15-0491/AR. U.S.
v. Jacky D. Freeman. CCA 20130957.
No. 15-0537/AR. U.S.
v. Kenneth R. Sheely. CCA 20130556.
No. 15-0538/AR. U.S.
v. Sascha D. Schwab. CCA 20131051.
No. 15-0539/AR. U.S.
v. Kosal Va. CCA 20140675.
No. 15-0542/AF. U.S.
v. Jonathan D. Tompkins. CCA 38571.
No. 15-0544/AR. U.S.
v. Tyler C. Flinner. CCA 20140704.
No. 15-0545/AR. U.S.
v. Esgar Ruizfernandez. CCA 22140358.
Petitions for Grant
of Review - Summary Dispositions
No. 15-0517/AR. U.S. v. Dominic J. Smedley. CCA 20140706. 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
court-martial promulgating order be corrected to change "The Additional Charge"
to "The Charge" and to correct the spelling of the word, "plea' with respect to
the specification of the charge.
Interlocutory Orders
No. 15-0619/AR. U.S.
v. Mark A. Gordon.
CCA
20131050. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to June 25, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, June 5, 2015
Petitions for Grant
of Review Filed
No. 15-0617/AR. U.S.
v. Anthony J. Perez. CCA 20130368.
No. 15-0618/AR. U.S.
v. Rhyeem O. Jones. CCA 20140902.
No. 15-0619/AR. U.S.
v. Mark A. Gordon.
CCA
20131050.
Miscellaneous Docket –
Filings
No. 15-0616/AR.
Robert B. Bergdahl, Appellant v. Mark A. Milley, General U.S. Army, in his official capacity as
Commanding General, U.S. Armed Forces Command and General Court-Martial
Convening Authority, and United States, Appellees. CCA 20150383. Notice is hereby given that a writ-appeal
petition for review of the decision of the United States Army Court of Criminal
Appeals on application for extraordinary relief in the nature of a writ of
mandamus was filed under Rule 27(b) on this date.
Interlocutory Orders
No. 15-0331/MC. U.S.
v. Timothy S. Zepeda. CCA 201300458. Appellant's
motion to withdraw the petition for grant of review granted.
No. 15-0496/AR. U.S.
v. Marcus C. Doshier. CCA 20120691. On consideration of the motion filed by Major
Aaron R. Inkenbrandt, for leave to withdraw as
appellate defense counsel, it is ordered that said motion is hereby granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, June 4, 2015
Petitions for Grant
of Review Denied
No. 15-0421/AF. U.S.
v. Jamil D. Cooks. CCA 38426.
No. 15-0485/AF. U.S.
v. Courtney D. Waddell. CCA 38500.
Interlocutory Orders
No. 14-0010/AF. U.S.
v. Rafael Verdejo-Ruiz. CCA 37957. Appellant's motion for leave to file a
petition for reconsideration out of time time is
denied.
Mandates Issued
No. 14-0724/NA. U.S.
v. Nancy L. Castillo. CCA 201300280.
Petitions for
Reconsideration Denied
No. 14-0495/AR. U.S.
v. Matthew R. Adams, Jr. CCA 20110503. Appellant's petition for reconsideration of
the Court's opinion, 74 M.J. __ (C.A.A.F.
2015), is denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 3, 2015
Petitions for Grant
of Review Filed
No. 15-0613/AR. U.S.
v. Douglas J. Paige. CCA 20130880.
No. 15-0614/AF. U.S.
v. Jamey L. Crawford. CCA 38408.
No. 15-0615/AR. U.S.
v. Omar J. Diaz.
CCA
20140667.
Petitions for Grant
of Review Denied
No. 15-0402/AR. U.S.
v. Christopher L. Hintz. CCA 20130927.
No. 15-0495/AR. U.S.
v. Jason H. Krause. CCA 20140388.
Miscellaneous Docket
- Summary Dispositions
No. 15-0518/AR. James
G. Donohue, Appellant v. Sean B. MacFarland, Lieutenant
General, U.S. Army, in his official capacity as Convening Authority, and United
States, Appellees. CCA 20150200. On consideration of the writ-appeal petition,
it is ordered that said petition is hereby denied without prejudice to
Appellant's right to raise the issue asserted during the course of normal
appellate review.
No. 15-0548/NA. D'Urville Christopher, Appellant v.
United States, Appellee. CCA 201500066. On consideration of the writ-appeal petition
and Appellant's motion to stay the proceedings, it is ordered that said
petition is hereby denied without prejudice to Appellant's right to raise the
issues asserted during the course of normal appellate review, and that said
motion is hereby denied as moot.
No. 15-0561/AR.
Alexander Loya, Petitioner v. United States,
Respondent. On consideration of the petition for
extraordinary relief in the nature of a writ of habeas corpus, or in the
alternative a writ of mandamus, it is ordered that said petition is hereby
denied.
Orders Granting
Petition for Review
No. 15-0384/CG. U.S. v. Christopher S. Cooley. CCA 1389. On consideration
of the petition for grant of review of the decision of the United States Coast
Guard Court of Criminal Appeals, it is ordered that said petition is hereby
granted on the following issue:
WHETHER THE
GOVERNMENT VIOLATED APPELLANT'S RIGHTS UNDER ARTICLE 10, UCMJ,
WHEN THE GOVERNMENT POSSESSED KEY EVIDENCE AGAINST APPELLANT ON JULY 20, 2012,
AND FEBRUARY 5, 2013, YET MADE NO MOVE TO PROSECUTE APPELLANT FOR THESE
OFFENSES UNTIL JUNE OF 2013, DESPITE HIS PRETRIAL CONFINEMENT FROM DECEMBER 20,
2012.
Briefs will be filed under
Rule 25.
No. 15-0477/AF. U.S. v. Nicholas E. Busch. CCA 38530. 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
on the following issue:
AT THE TIME OF
APPELLANT'S ALLEGED SEXUAL ABUSE OF A CHILD OFFENSE, THE PRESIDENT HAD NOT SET
THE MAXIMUM PUNISHMENT FOR THE OFFENSE. THE MILITARY JUDGE USED A LATER-ENACTED
EXECUTIVE ORDER TO SET THE MAXIMUM PUNISHMENT, EVEN THOUGH IT INCREASED THE
CONFINEMENT RANGE FROM ONE YEAR TO FIFTEEN YEARS. WAS THE EX POST FACTO CLAUSE
VIOLATED?
Briefs will be filed
under Rule 25.
Interlocutory Orders
No. 15-0510/MC. U.S.
v. Monifa J. Sterling. CCA 201400150. On consideration of the motion filed by
Captain Tierney M. Carlos, for leave to withdraw as appellate defense counsel,
it is ordered that said motion is hereby granted.
No. 15-0614/AF. U.S.
v. Jamey L. Crawford. CCA 38408. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 23, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, June 2, 2015
Petitions for Grant
of Review Filed
No. 15-0612/AR. U.S.
v. Michael D. Klinetop. CCA 20131081.
Petitions for Grant
of Review Denied
No. 15-0468/AF. U.S.
v. Channing J. Spencer. CCA S32198.
No. 15-0484/MC. U.S.
v. Kenneth R. Walker. CCA 201400136.
No. 15-0511/AF. U.S.
v. Shane M. Dundon. CCA 38436.
No. 15-0528/AF. U.S.
v. Jeffrey Spencer, Jr. CCA S32252.
No. 15-0530/AF. U.S.
v. Leeroy Pena. CCA S32215.
No. 15-0531/AF. U.S.
v. Jeffrey E. Brown, Jr. CCA 38497.
No. 15-0533/AR. U.S.
v. Charles L. Curtis. CCA 20140093.
Interlocutory Orders
No. 15-0361/MC. U.S.
v. Matthew P. Hoffmann. CCA 201400067. Appellant's
motion to file a substitute joint appendix is granted.
No. 15-0560/AR. U.S.
v. Cornelius T. Summers. CCA 20121104. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 16, 2015.
No. 15-0601/AR. U.S.
v. Tamika A. Mathews. CCA 20140273. Appellant's
motion to file a corrected supplement to the petition for grant of review
granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 1, 2015
Petitions for Grant
of Review Filed
No. 15-0608/AR. U.S.
v. Andrew C. Langevin. CCA 20140120.
No. 15-0609/AR. U.S.
v. Marco A. Avilamora. CCA 20140821.
No. 15-0610/AR. U.S.
v. Eugene O. Anderson. CCA 20140188.
No. 15-0611/AF. U.S.
v. Thomas N. Walthour. CCA S32235.
Petitions for Grant
of Review Denied
No. 15-0437/AR. U.S.
v. Tyrone D. Pulse. CCA 20121021.
No. 15-0487/MC. U.S.
v. Ulysses Lopez.
CCA
201400192.
No. 15-0521/AR. U.S.
v. Byron K. Wood.
CCA
20130894.
No. 15-0522/AR. U.S.
v. Michael I. Sanchez. CCA 20140154.
No. 15-0524/AR. U.S.
v. Robert K. Dickie. CCA 20140222.
No. 15-0527/AR. U.S.
v. Jonathan R. Laney. CCA 20140319.
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