UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 31, 2015
Petitions for Grant
of Review Filed
No. 15-0452/AR. U.S.
v. George A. Clarke. CCA 20120800.
No. 15-0453/AR. U.S.
v. Deshawn A. Foifua. CCA 20131025.
Interlocutory Orders
No. 15-0451/NA. U.S.
v. Marc A. Seals. CCA 201300367. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 20, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 30, 2015
Petitions for Grant
of Review Filed
No. 15-0450/MC. U.S.
v. Geffred E. Gatlin. CCA 201400291.
No. 15-0451/NA. U.S.
v. Marc A. Seals. CCA 201300367.
Petitions for Grant
of Review Denied
No. 15-0145/AF. U.S.
v. Jonathan D. Williams. CCA 38255.
No. 15-0296/AR. U.S.
v. Arnulfo E. Vela. CCA 20130114.
No. 15-0301/AR. U.S.
v. John J. Stover, Jr. CCA 20130867.
No. 15-0353/NA. U.S.
v. Jason J. Carchio. CCA 201400117.
No. 15-0394/AR. U.S.
v. Aaron M. Hill.
CCA
20140635.
Appeals – Summary
Dispositions
No. 14-0033/AF. U.S. v. Anthony L.W. Peacock. CCA 38043.
On consideration of the granted issue, 73 M.J.
230 (C.A.A.F. 2014), and the judgment of the United
States Air Force Court of Criminal Appeals, United States v. Peacock,
No. 38043 (A.F. Ct. Crim. App. Apr. 26, 2013), we
conclude that the appointment of Laurence Soybel as
an appellate military judge was unconstitutional and fundamentally deficient,
and that therefore the issue of his participation on the panel was not waived
by a failure to object. See United States v. Jones, 74 M.J. ___ (C.A.A.F. 2015). Therefore, it is ordered that the judgment of
the United States Air Force Court of Criminal Appeals is reversed, and the
record is returned to the Judge Advocate General of the Air Force for remand to
the Court of Criminal Appeals for a new review under Article 66, Uniform Code
of Military Justice, 10 U.S.C. § 866 (2012), before a
properly constituted panel of that court.
No. 14-0060/AF. U.S. v. Jeremy J. Grawey. CCA S32029.
On consideration of the granted issue, 73 M.J.
138 (C.A.A.F. 2013), and the judgment of the United
States Air Force Court of Criminal Appeals, United States v. Grawey, No. S32029 (A.F. Ct.
Crim. App. Jul. 22, 2013), we conclude that the appointment of Laurence Soybel as an appellate military judge was unconstitutional
and fundamentally deficient, and that therefore the issue of his participation
on the panel was not waived by a failure to object. See United States
v. Jones, 74 M.J. ___ (C.A.A.F.
2015). Therefore, it is ordered that the
judgment of the United States Air Force Court of Criminal Appeals is reversed,
and the record is returned to the Judge Advocate General of the Air Force for
remand to the Court of Criminal Appeals for a new review under Article 66,
Uniform Code of Military Justice, 10 U.S.C. § 866
(2012), before a properly constituted panel of that court.
No. 14-0125/AF. U.S. v. Danny L. Annis. CCA 38001.
On consideration of the granted issue, 73 M.J.
138 (C.A.A.F. 2013), and the judgment of the United
States Air Force Court of Criminal Appeals, United States v. Annis, No. 38001 (A.F. Ct.
Crim. App. Aug. 19, 2013), we conclude that the appointment of Laurence Soybel as an appellate military judge was unconstitutional
and fundamentally deficient, and that therefore the issue of his participation
on the panel was not waived by a failure to object. See United States
v. Jones, 74 M.J. ___ (C.A.A.F.
2015). Therefore, it is ordered that the
judgment of the United States Air Force Court of Criminal Appeals is reversed,
and the record is returned to the Judge Advocate General of the Air Force for
remand to the Court of Criminal Appeals for a new review under Article 66,
Uniform Code of Military Justice, 10 U.S.C. § 866
(2012), before a properly constituted panel of that court.
No. 14-0138/AF. U.S. v. Danny M. Burns. CCA 37847. On consideration
of the granted issue, 73 M.J. 138 (C.A.A.F. 2013), and the judgment of the United States Air
Force Court of Criminal Appeals, United States v. Burns, No. 37847 (A.F. Ct. Crim. App. Jul. 24, 2013), we conclude that the
appointment of Laurence Soybel as an appellate
military judge was unconstitutional and fundamentally deficient, and that
therefore the issue of his participation on the panel was not waived by a
failure to object. See United States v. Jones, 74 M.J. ___ (C.A.A.F. 2015). Therefore, it is ordered that the judgment of
the United States Air Force Court of Criminal Appeals is reversed, and the
record is returned to the Judge Advocate General of the Air Force for remand to
the Court of Criminal Appeals for a new review under Article 66, Uniform Code
of Military Justice, 10 U.S.C. § 866 (2012), before a
properly constituted panel of that court.
No. 14-0156/AF. U.S. v. Devon P. Johnson. CCA S32047. On consideration
of the granted issue, 73 M.J. 138 (C.A.A.F. 2013), and the judgment of the United States Air
Force Court of Criminal Appeals, United States v. Johnson, No. S32047 (A.F. Ct. Crim. App. Sep. 4, 2013), we conclude that the
appointment of Laurence Soybel as an appellate
military judge was unconstitutional and fundamentally deficient, and that
therefore the issue of his participation on the panel was not waived by a
failure to object. See United States v. Jones, 74 M.J. ___ (C.A.A.F. 2015). Therefore, it is ordered that the judgment of
the United States Air Force Court of Criminal Appeals is reversed, and the
record is returned to the Judge Advocate General of the Air Force for remand to
the Court of Criminal Appeals for a new review under Article 66, Uniform Code
of Military Justice, 10 U.S.C. § 866 (2012), before a
properly constituted panel of that court.
No. 14-0157/AF. U.S. v. Alphonso K. Dixon. CCA S32061.
On consideration of the granted issue, 73 M.J.
138 (C.A.A.F. 2013), and the judgment of the United
States Air Force Court of Criminal Appeals, United States v. Dixon, No.
S32061 (A.F. Ct. Crim. App. Sep. 4, 2013), we
conclude that the appointment of Laurence Soybel as
an appellate military judge was unconstitutional and fundamentally deficient,
and that therefore the issue of his participation on the panel was not waived
by a failure to object. See United States v. Jones, 74 M.J. ___ (C.A.A.F. 2015). Therefore, it is ordered that the judgment of
the United States Air Force Court of Criminal Appeals is reversed, and the
record is returned to the Judge Advocate General of the Air Force for remand to
the Court of Criminal Appeals for a new review under Article 66, Uniform Code
of Military Justice, 10 U.S.C. § 866 (2012), before a
properly constituted panel of that court.
Mandates Issued
No. 14-0057/AF. U.S.
v. William R. Jones. CCA 38028.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 27, 2015
Petitions for Grant
of Review Filed
No. 15-0447/AR. U.S.
v. Bryan S. McMullen. CCA 20130860.
No. 15-0448/AR. U.S.
v. Terance L. Smith. CCA 20140741.
No. 15-0449/MC. U.S.
v. Travis L. Cook.
CCA
201400247.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 26, 2015
Petitions for Grant
of Review Filed
No. 15-0438/AR. U.S.
v. Marquill D. Willis. CCA 20120999.
No. 15-0439/AR. U.S.
v. Alan C. Simmons. CCA 20120711.
No. 15-0440/AF. U.S.
v. Robert L. Andersen, Jr. CCA 38466.
No. 15-0441/AR. U.S.
v. Damon L. Crawford. CCA 20130976.
No. 15-0442/AR. U.S.
v. Curtis V. Hanson. CCA 20140615.
No. 15-0443/AR. U.S.
v. Darnell M. Tillman. CCA 20130973.
No. 15-0444/AF. U.S.
v. John D. Gatwood. CCA S32226.
No. 15-0445/AF. U.S.
v. Dane A. Horan. CCA S32232.
No. 15-0446/AF. U.S.
v. Nicolas L. Garcia. CCA S32227.
Petitions for Grant
of Review Denied
No. 14-0010/AF. U.S.
v. Rafael Verdejo-Ruiz. CCA 37957.
No. 15-0142/NA. U.S.
v. Lindell M. Turner. CCA 201400036.
No. 15-0268/AF. U.S.
v. Robert A. Hudson. CCA S32167.
No. 15-0382/AF. U.S.
v. Jessica M. Combs. CCA S32216.
No. 15-0393/AR. U.S.
v. James R. Lawson. CCA 20130317.
Interlocutory Orders
No. 15-0029/AR. U.S. v. Levi A. Keefauver. CCA 20121026. On consideration of the motions filed by John
Pray, Esq., and Steven Wright, Esq., University of Wisconsin Law School, to
appear pro hac vice, to allow appearances of law
students, to appear as Amici Curiae, and to submit
oral argument, said motions are granted. Amici Curiae
will be allotted 10 minutes for each side to present oral argument, with not
more than one student from each side arguing.
No. 15-0225/AR. U.S. v. Neftaly
Platero. CCA 20120620. Appellant's
fourth motion to extend time to file the supplement to the petition for grant
of review is granted to April 24, 2015.
No. 15-0437/AR. U.S. v. Tyrone D. Pulse. CCA 20121021. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to April 14, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 25, 2015
Petitions for Grant
of Review Filed
No. 15-0433/AR. U.S.
v. Daniel D. Rude.
CCA
20120139.
No. 15-0434/AR. U.S.
v. Rocio M. Han. CCA 20140277.
No. 15-0435/AR. U.S.
v. Gavin G. Taylor. CCA 20140520.
No. 15-0436/AR. U.S.
v. Christopher W. Thorn. CCA 20130882.
No. 15-0437/AR. U.S.
v. Tyrone D. Pulse. CCA 20121021.
Petitions for Grant
of Review Denied
No. 15-0322/AR. U.S.
v. Lucas A. Coulter. CCA 20140041.
No. 15-0391/AR. U.S.
v. Luis R. Corral.
CCA
20121031.
Petitions for Grant
of Review - Summary Dispositions
No. 15-0291/NA. U.S. v. Kevin P. Shippee. CCA 860285.
On consideration of the petition for grant of review of the decision of
the United States Navy-Marine Corps Court of Military Review, it is ordered that
said petition is hereby dismissed.
Appeals – Summary Dispositions
No. 15-0289/AF. U.S. v. Roy A. Bowser. CCA 2014-08. On consideration of the certificate for
review (74 M.J. __ (C.A.A.F.
Jan. 5, 2015)), and the briefs of the parties and amicus curiae, we conclude
that the military judge did not abuse his discretion in dismissing all charges
and specifications with prejudice following the Government's refusal to comply
with the military judge's order to produce trial counsel's witness interview
notes for an in camera inspection. "[A] judge is ultimately responsible for the
control of his or her court and the trial proceedings," and "[p]roper case
management during a trial, necessary for the protection of an accused's due process rights and the effective
administration of justice, is encompassed within that responsibility." United States v. Vargas, 74 M.J.
1, 8 (C.A.A.F. 2014). Because a judge has
broad discretion and a range of choices in crafting a remedy to cure discovery
violations and ensure a fair trial, this Court will not reverse so long as his
or her decision remains within that range. See United States v.
Douglas, 68 M.J. 349, 354 (C.A.A.F.
2010); United States v. Gore, 60 M.J. 178, 187
(C.A.A.F. 2004). In this case, the military judge's
decision, as affirmed by the Court of Criminal Appeals, was within that range.
Accordingly, it is ordered that the certified questions are answered in the
negative, and the decision of the United States Air Force Court of Criminal
Appeals is affirmed.
Orders Granting
Petition for Review
No. 15-0377/NA. U.S. v. Nestor L. Suazo-Lopez. CCA 201300463.
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 on the following issue:
THE CONVENING
AUTHORITY ISSUED AN INSTRUCTION THAT LIMITED COURT-MARTIAL MEMBERS NOMINATIONS
TO PERSONNEL IN PAY-GRADES OF E-6 AND ABOVE. THE LOWER COURT ASSUMED THIS
SYSTEMATIC EXCLUSION OF PERSONNEL WAS ERROR, BUT HARMLESS. SHOULD THIS COURT
SET ASIDE APPELLANT'S CONVICTIONS PURSUANT TO UNITED STATES v. KIRKLAND
DUE TO THE UNRESOLVED APPEARANCE OF UNFAIRNESS?
No briefs will be
filed under Rule 25.
Interlocutory Orders
No. 14-0010/AF. United
States v. Rafael Verdejo-Ruiz. CCA 37957. On consideration of Appellant's motion to
attach documents and motion for leave to file an additional supplement to the
petition pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982),
it is ordered that said motions are hereby denied.
No. 15-0011/AF. United
States v. Joshua K. Plant. CCA 38274. On
consideration of the motions filed by Scott C. Idleman,
Esq., Marquette University Law School, to allow the appearance of a law
student, to appear as Amicus Curiae, and to submit oral argument, it is ordered
that said motions are hereby granted. Amicus Curiae will be allotted 10 minutes
to present oral argument.
No. 15-0260/AF. U.S.
v. Andrew P. Witt. CCA 36785. Appellant's
second motion to extend time to file a brief is hereby granted to April 24,
2015.
No. 15-0268/AF. U.S.
v. Robert A. Hudson. CCA S32167. Appellant's
motion to supplement the record is denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 24, 2015
Petitions for Grant
of Review Filed
No. 15-0432/AF. U.S.
v. Jerel K. Gabriel. CCA
38459.
Petitions for Grant
of Review Denied
No. 15-0204/AF. U.S.
v. Melvin E. Stanton, Jr. CCA 38385.
No. 15-0388/AR. U.S.
v. Arthur J. Garry, Jr. CCA 20130983.
Interlocutory Orders
No. 15-0427/MC. U.S. v. Brian K. Parker. CCA 201400066. Appellant's motion to extend time to file the
supplement to the petition for for grant of review
granted to April 13, 2015.
No. 15-0428/MC. U.S.
v. Patrick Ezel. CCA 201400093. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 13, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 23, 2015
Petitions for Grant
of Review Filed
No. 15-0427/MC. U.S.
v. Brian K. Parker. CCA 201400066.
No. 15-0428/MC. U.S.
v. Patrick Ezel. CCA 201400093.
No. 15-0429/AR. U.S.
v. Kenneth E. Gibbs. CCA 20140456.
No. 15-0430/AR. U.S.
v. Clinton W. Davidson. CCA 20130097.
No. 15-0431/AR. U.S.
v. Adam R. Shook.
CCA
20140011.
Petitions for Grant
of Review Denied
No. 15-0137/MC. U.S.
v. Edward J. Wilson. CCA 201300315.
No. 15-0274/AR. U.S.
v. Marcus Freeney. CCA 20130655.
No. 15-0318/MC. U.S.
v. Erik J. Ellis.
CCA
201200406.
No. 15-0332/AF. U.S.
v. Aaron C. Stubbs. CCA 38475.
No. 15-0362/MC. U.S.
v. Antonio M. Castellano. CCA 201100248.
No. 15-0364/MC. U.S.
v. Ryan C. Politz. CCA 201400305.
No. 15-0378/AR. U.S.
v. Thomas A. Bousman. CCA 20140781.
No. 15-0379/AR. U.S.
v. Dakota L. Campbell. CCA 20140505.
No. 15-0381/MC. U.S.
v. Stephen M. Box.
CCA
201400147.
Orders Granting
Petition for Review
No. 15-0294/AR. U.S. v. Christopher S. Schloff. CCA 20140708.
On consideration of the petition for grant of 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, it is ordered that said petition is hereby granted on the following
issue:
WHETHER THE ARMY
COURT ERRED IN EXPANDING THE DEFINITION OF A "SEXUAL CONTACT" TO A TOUCH ACCOMPLISHED
BY AN OBJECT CONTRARY TO THE PLAIN LANGUAGE OF ARTICLE 120(G)(2).
In accordance with
Rule 19(a)(7)(A), briefs will not be filed.
No. 15-0315/AR. U.S. v. Michael F. Stellato. CCA 20140453. On consideration of the petition for grant of
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, it is ordered that said petition is
hereby granted on the following issues:
I. WHETHER
THE ARMY COURT OF CRIMINAL APPEALS ERRED AS A MATTER OF LAW IN CONCLUDING THERE
WAS NO DISCOVERY VIOLATION AND REVERSING THE MILITARY JUDGE'S REMEDY OF
DISMISSAL.
II.
WHETHER THE ARMY COURT OF CRIMINAL
APPEAL APPLIED AN ERRONEOUS VIEW OF THE LAW IN REQUIRING THE MILITARY JUDGE TO
FIND "WILLFUL IGNORANCE, WILLFUL SUPPRESSION, OR OTHER MISCONDUCT" AS
A CONDITION PRECEDENT FOR DISMISSAL WITH PREJUDICE FOR DISCOVERY VIOLATIONS.
In accordance with
Rule 19(a)(7)(A), briefs will not be filed.
Interlocutory Orders
No. 15-0204/AF. U.S.
v. Melvin E. Stanton, Jr. CCA 38385. Appellant's motion to supplement the record
is granted.
No. 15-0377/NA. U.S.
v. Nestor L. Suazo-Lopez. CCA 201300463. On consideration of the motions to supplement
the record, and Appellant's motions to disqualify Colonel Jamison as government
counsel and motion to appoint a special master to develop relevant facts, it is
ordered that said motions to supplement the record are hereby granted, and said
motion to disqualify Colonel Jamison as counsel and motion to appoint a special
master to develop relevant facts are hereby denied.
No. 15-0403/AR.
Armand Andreozzi, Petitioner v. United States,
Respondent.
On consideration of the petition for
extraordinary relief in the nature of a writ of habeas corpus, and Petitioner's
motion for an appointment of counsel, it is ordered that said motion is hereby
denied, and said petition is hereby dismissed for lack of jurisdiction.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 20, 2015
Petitions for Grant
of Review Filed
No. 15-0425/AF. U.S.
v. Alan J. Killion, Jr. CCA
S32193.
No. 15-0426/AR. U.S.
v. Richard A. Gifford. CCA 20120545.
Mandates Issued
No. 12-0501/AF. U.S. v. Jessica E.
McFadden. CCA 37438.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 19, 2015
Petitions for Grant
of Review Filed
No. 15-0423/AR. U.S.
v. Todd H.F. Knight. CCA 20121152.
No. 15-0424/AR. U.S.
v. Recco G. Rowe. CCA 20130495.
Petitions for Grant
of Review Denied
No. 15-0231/AR. U.S.
v. Ryan J. Offutt.
CCA
20120804.
No. 15-0286/AR. U.S.
v. Rasheen K. McCullers. CCA 20120931.
No. 15-0343/AR. U.S.
v. Corey L. Houston. CCA 20120991.
No. 15-0373/AR. U.S.
v. Michael A. Hoss. CCA 20120086.
No. 15-0375/AR. U.S.
v. Warren L. Lawrence. CCA 20130678.
No. 15-0376/AR. U.S.
v. Gregory A. Rice. CCA 20100678.
Orders Granting
Petition for Review
No. 15-0087/MC. U.S. v. Carlton Wilder, Jr. CCA 201400118. 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 on the following issue specified by the Court:
WHETHER THE
PROMULGATION OF RCM 707 ABROGATED THE
"SUBSTANTIAL INFORMATION" RULE ORIGINATED IN UNITED STATES v.
JOHNSON, 23 C.M.A. 91, 48 C.M.R.
599 (1974).
Briefs will be filed
under Rule 25.
No. 15-0334/MC. U.S. v. Quantaus
R. Riggins. CCA 201400046.
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 on the following issue:
WHETHER
THE LOWER COURT ERRED IN DECIDING A QUESTION OF LAW WHICH HAS NOT BEEN, BUT
SHOULD BE, SETTLED BY THIS COURT WHEN IT HELD THAT ASSAULT CONSUMMATED BY
BATTERY WAS A LESSER INCLUDED OFFENSE TO ABUSIVE SEXUAL CONTACT AND SEXUAL
ASSAULT.
Briefs will be filed
under Rule 25.
Interlocutory Orders
No. 15-0289/AF. U.S.
v. Roy A. Bowser. CCA 2014-08. On consideration
of the motions filed by Captain Kelly J. Adams, Special Victims' Counsel, Air
Force Legal Operations Agency, for leave to participate as Amicus Curiae, for
leave to submit a corrected brief on behalf of Amicus Curiae, and for leave to
file a corrected motion for leave to participate as Amicus Curiae, and Appellee's motion in support of Amicus Curiae, it is
ordered that said motions are hereby granted.
No. 15-0294/AR. U.S.
v. Christopher S. Schloff. CCA 20140708. On consideration of the motions filed by
Captain Vietlong T. Nguyen, Special Victim Counsel,
for leave to file an Amicus brief, to participate in the hearings, and to
appear pro hac vice, it is ordered that said motions
for leave to file an Amicus brief and to appear pro hac
vice are hereby granted, and said motion to participate in the hearing is
hereby denied.
No. 15-0361/MC. U.S.
v. Matthew Hoffmann. CCA 201400067. On
consideration of Appellant's third motion to extend time to file the supplement
to the petition for grant of review, it is ordered that said motion is hereby
granted, up to and including March 24, 2015, and no further extension of time
will be granted in this case.
No. 15-0395/AR. U.S.
v. Jefferey M. Fiorito. CCA 20080535. Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted to April 2,
2015.
No. 15-0398/AR. U.S.
v. Maurice McCormick, Jr. CCA 20120029. Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted to April 2,
2015.
No. 15-0423/AR. U.S.
v. Todd H.F. Knight. CCA 20121152. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 8, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 18, 2015
Petitions for Grant
of Review Denied
No. 15-0223/AR. U.S.
v. Justin R. Crowell. CCA 20120184.
No. 15-0242/AR. U.S.
v. Luther L. Porter. CCA 20110470.
No. 15-0303/AR. U.S.
v. Benjamin J. Wilson. CCA 20140511.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 17, 2015
Hearings
No. 14-0754/AF. U.S.
v. Kirkland C. Nettles. CCA 38336.
No. 15-0059/NA. U.S.
v. Darron D. Ward, Jr. CCA
201400021.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 16, 2015
Petitions for Grant
of Review Filed
No. 15-0422/AR. U.S.
v. Chad A. Sherman. CCA 20130371.
Petitions for Grant
of Review Denied
No. 13-0444/MC. U.S.
v. Steven W. Myrick. CCA 201200404.
No. 15-0076/NA. U.S.
v. Matthew D. Ellerbee. CCA 201300109.
No. 15-0122/AR. U.S.
v. Paul B. Henson.
CCA 20130147.
No. 15-0177/AR. U.S.
v. Brian S. Price.
CCA
20130148.
No. 15-0217/AR. U.S.
v. Eric L. Newton II. CCA 20130890.
No. 15-0230/NA. U.S.
v. Titus R. Mayo, Jr. CCA 201400107.
No. 15-0270/AR. U.S.
v. Kimberly E. Rivera. CCA 20130397.
No. 15-0366/AR. U.S.
v. Cory A. Stellmach. CCA 20140485.
No. 15-0404/AR. U.S.
v. Michael A. Nicks. CCA 20110658.
Interlocutory Orders
No. 15-0322/AR. U.S.
v. Lucas A. Coulter. CCA 20140041. On
consideration of Appellant's motion to file the supplement to the petition for
grant of review out of time, it is ordered that said motion is hereby denied.
No. 15-0369/MC. Raymion E. Richards, Appellant v. United States, Appellee. On
consideration of the writ-appeal petition, Appellee's
motion to substitute the United States for the named Appellees,
and Appellant's motion to expedite the stay of proceedings pending this Court's
resolution of the writ-appeal petition, it is ordered that Appellee's
motion to substitute the United States for the named Appellees
is hereby granted, that said writ-appeal petition is hereby denied without
prejudice to Appellant's right to raise the issues asserted during the course
of normal appellate review, and Appellant's motion to expedite the stay of
proceedings pending this Court's resolution of the writ-appeal petition is
hereby denied as moot.
Mandates Issued
No. 14-0415/AR.
United States v. William E. Newton, Jr. CCA 20110499.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 13, 2015
Petitions for Grant
of Review Filed
No. 15-0417/AR. U.S.
v. Vaughan W. Connely. CCA 20130399.
No. 15-0418/AR. U.S.
v. Nikolas S. Varney. CCA 20130652.
No. 15-0419/AR. U.S.
v. Chandler W. Dean. CCA 20140058.
No. 15-0420/AR. U.S. v. Eric A. Mead. CCA 20110375.
No. 15-0421/AF. U.S.
v. Jamil D. Cooks. CCA 38426.
Interlocutory Orders
No. 15-0315/AR. U.S.
v. Michael F. Stellato. CCA 20140453. On consideration of Appellee's
motion for leave to exceed word limit and to amend, it is ordered that said
motion is hereby denied. Appellee will file an answer
that complies with Rule 21(b) on or before March 20, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 12, 2015
Petitions for Grant
of Review Filed
No. 15-0415/AR. U.S.
v. Gregory B. Harris. CCA 20130310.
No. 15-0416/AR. U.S.
v. Marquinta E. Jacobs. CCA 20140005.
Petitions for Grant
of Review Denied
No. 15-0134/AR. U.S.
v. Henry G. Bravo.
CCA
20130109.
No. 15-0160/AF. U.S.
v. Christopher S. Lammens. CCA 38185.
No. 15-0171/AR. U.S.
v. Taylor J. Crawford. CCA 20120527.
No. 15-0197/AR. U.S.
v. Ruben A. Valle.
CCA
20130593.
No. 15-0208/AR. U.S.
v. Luis M. Rodriguez. CCA 20130772.
No. 15-0218/AR. U.S.
v. Riley C. Rose.
CCA
20130068.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 11, 2015
Petitions for Grant
of Review Filed
No. 15-0414/AR. U.S.
v. Timothy J. Garcia. CCA 20110432.
Petitions for Grant
of Review Denied
No. 13-0332/MC. U.S.
v. Chad J. Batchelder. CCA 201200180.
No. 14-0063/AF. U.S.
v. Jacinta-Marie R. Tompkins. CCA 37627.
No. 15-0167/AR. U.S.
v. Antonio N. Heyward. CCA 20120469.
No. 15-0174/AF. U.S.
v. Michael D. Wence. CCA S32162.
No. 15-0211/AR. U.S.
v. Steven D. Mahone. CCA 20130542.
No. 15-0263/AR. U.S.
v. Bobby R. Riffle. CCA 20130653.
No. 15-0287/AR. U.S.
v. Jacob P. Dziedzic. CCA 20120888.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 10, 2015
Petitions for Grant
of Review Filed
No. 15-0410/AR. U.S.
v. Marvin N. Jones. CCA 20140598.
No. 15-0411/AR. U.S.
v. Jeremy M. Westbrook. CCA 20120369.
No. 15-0412/AR. U.S.
v. Ambrosio C. Aragon. CCA 20140588.
No. 15-0413/AF. U.S.
v. Sebastian P. Labella. CCA 37679.
Petitions for Grant
of Review Denied
No. 15-0158/AR. U.S.
v. Juanicia A. Williams. CCA 20120848.
No. 15-0229/AR. U.S.
v. Blake D. Brown.
CCA
20131068.
No. 15-0308/AR. U.S.
v. Jason C. Tyquiengco. CCA 20121089.
No. 15-0340/AR. U.S.
v. Kevin C. Zarembski, Jr. CCA
20140484.
Interlocutory Orders
No. 15-0347/MC. U.S.
v. Christopher A. Quick. CCA 201300341. On
consideration of the motion to substitute a corrected joint appendix, it is
ordered that said motion is hereby granted.
No. 15-0371/NA. U.S.
v. Kevin C. Corcoran. CCA 201400074. On
consideration of Appellant's second motion to extend time to file the
supplement to the petition for grant of review, it is ordered that said motion
is hereby granted to March 30, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 9, 2015
Petitions for Grant
of Review Filed
No. 15-0405/AF. U.S.
v. Brock A. Boren. CCA S32206.
No. 15-0406/AR. U.S.
v. Ivan O. Sherren. CCA 20140474.
No. 15-0407/AR. U.S.
v. Dustin W. H. Moore. CCA 20120517.
No. 15-0408/AR. U.S.
v. Ian C. Andrewjeski. CCA 20140540.
No. 15-0409/AR. U.S.
v. Jonathan D. Wilkinson. CCA 20140257.
Petitions for Grant
of Review Denied
No. 15-0234/AF. U.S.
v. Deandrea D. Atwater. CCA 38425.
No. 15-0323/AR. U.S.
v. Bennie L. Osborne, Jr. CCA 20120968.
No. 15-0355/AF. U.S.
v. Christopher W. Dalton. CCA 38463.
No. 15-0356/AF. U.S.
v. Phillip A. Williams. CCA 38406.
No. 15-0358/AR. U.S.
v. Andrew Gasiorowski. CCA 20131057.
No. 15-0360/MC. U.S.
v. Kelvin L. Zimmerman. CCA 201300350.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 4, 2015
Petitions for Grant
of Review Denied
No. 15-0035/AR. U.S.
v. Cory R. Land.
CCA 20120577.
No. 15-0089/AF. U.S.
v. Keith L. Lovely. CCA 38215.
No. 15-0098/NA. U.S.
v. Brian Hart. CCA 201300295.
No. 15-0127/AR. U.S.
v. Brian D. Vitko. CCA 20130257.
No. 15-0152/AR. U.S.
v. Billy W. Cooper. CCA 20130506.
No. 15-0185/AR. U.S.
v. Michael G. Zent. CCA 20130656.
No. 15-0196/AF. U.S.
v. Dustin S. Purdy. CCA 38350.
No. 15-0209/AF. U.S.
v. Logan B. Carr. CCA 38025.
No. 15-0249/AF. U.S.
v. Bruce L. Broughton. CCA S32156.
No. 15-0321/AR. U.S.
v. Shawn M. Sturgess. CCA 20140560.
No. 15-0339/AR. U.S.
v. Antonio V. Shine. CCA 20140101.
No. 15-0346/AR. U.S.
v. Alfonso Floresjimenez. CCA 20140379.
No. 15-0349/AF. U.S.
v. Alexander J. Sartorius. CCA S32203.
No. 15-0352/AR. U.S.
v. Jiovanny Leon. CCA 20120685.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 3, 2015
Petitions for Grant
of Review Filed
No. 15-0399/AR. U.S.
v. Joe F. Garcia, Jr. CCA 20121174.
No. 15-0400/AR. U.S.
v. Arfel J. Bautista. CCA 20140365.
No. 15-0401/AR. U.S.
v. Charles R. Carmen III. CCA 20130329.
No. 15-0402/AR. U.S.
v. Christopher L. Hintz. CCA 20130927.
No. 15-0404/AR. U.S.
v. Michael A. Nicks. CCA 20110658.
Petitions for Grant
of Review Denied
No. 14-0011/AF. U.S.
v. Kendall Norman II. CCA 37945.
No. 14-0095/AF. U.S.
v. Benjamin R. Loveridge. CCA 37872.
No. 15-0079/AF. U.S.
v. Brittney L. Hall. CCA 38241.
No. 15-0114/AF. U.S.
v. John R. Sutton, II. CCA S32143.
No. 15-0115/AR. U.S.
v. Andre L. Sample. CCA 20140114.
No. 15-0164/AR. U.S.
v. Steven D. Pope, Jr. CCA 20140034.
No. 15-0299/AR. U.S.
v. Sherron D. Hill. CCA 20120970.
No. 15-0309/AR. U.S.
v. Dequicey A. Thompson. CCA 20121117.
No. 15-0335/AF. U.S.
v. Jonathan C. Lowder. CCA 38480.
No. 15-0336/AR. U.S.
v. Jacob L. McCormick. CCA 20130481.
No. 15-0337/AR. U.S.
v. Andrew D. Stevens. CCA 20140333.
No. 15-0338/AR. U.S.
v. Matthew D. McGee. CCA 20130861.
No. 15-0342/AR. U.S.
v. Paul J. Floyd.
CCA
20131059.
No. 15-0344/MC. U.S.
v. Brian Hickerson. CCA 201100111.
No. 15-0351/AF. U.S.
v. Cody R. Rios. CCA S32228.
Miscellaneous Docket
- Filings
No. 15-0403/AR.
Armand Andreozzi, Petitioner v. United States,
Respondent.
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.
Orders Granting
Petition for Review
No. 15-0186/CG. U.S. v. Michael E. Sullivan. CCA 001-69-13.
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 issues:
I. WHETHER
THE GOVERNMENT CARRIED ITS BURDEN OF PROVING THAT THE CONVENING AUTHORITY'S
CATEGORICAL EXCLUSION OF ALL FLAG OFFICERS WAS HARMLESS.
II. WHETHER THE MILITARY JUDGE ABUSED HIS
DISCRETION IN DENYING CHALLENGES FROM BOTH PARTIES TO HIS IMPARTIALITY BASED ON
PRIOR PERSONAL RELATIONSHIPS WITH INDIVIDUAL MILITARY COUNSEL, THE ACCUSED,
TRIAL COUNSEL, SEVERAL MEMBERS, SEVERAL WITNESSES, AND THE STAFF JUDGE
ADVOCATE.
Briefs will be filed
under Rule 25.
Interlocutory Orders
No. 15-0361/MC. U.S.
v. Matthew Hoffmann. CCA 201400067. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to March 17, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 2, 2015
Interlocutory Orders
No. 14-0767/AR. U.S.
v. Brian A. Murphy. CCA 20120556. Appellant's
motion for leave to file a brief out of time is granted.
No. 15-0396/AF. U.S.
v. Allen R. Henderson. CCA 38379. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to March 19, 2015.
No. 15-0397/AR. U.S.
v. Fatimah H. Diaab-Powell. CCA 20130846. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to March 19, 2015.
No. 15-0398/AR. U.S.
v. Maurice McCormick, Jr. CCA 20120029. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to March 19, 2015.
Mandates Issued
No. 14-0457/AR. U.S.
v. Eric R. Castillo. CCA 20110935.
Home Page |
Opinions & Digest
| Daily
Journal | Scheduled
Hearings | Search
Site