UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 30, 2015
Petitions for Grant of Review Filed
No. 16-0038/AR. U.S. v. Shawn F. Hudson. CCA 20140428.
No. 16-0039/AR. U.S. v. Leangelo
Gibson.
CCA
20130625.
Interlocutory Orders
No. 15-0172/MC. U.S. v. Francis L. Captain. CCA 201300137. On consideration of the motion filed by
Captain David A. Peters for leave 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.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 29, 2015
Petitions for Grant of Review Filed
No. 16-0036/AR. U.S. v. Evan M. Musgrove. CCA 20140777.
No. 16-0037/AR. U.S. v. Matthew Holladay, Jr. CCA 20140864.
Petitions for Grant of Review Denied
No. 15-0685/AR. U.S. v. Caleb J. Gunter. CCA 20130570.
No. 15-0775/NA. U.S. v. Ricky K. Talley.
CCA
201500120.
Interlocutory Orders
No. 16-0034/AR. U.S. v. William D. Record. CCA 20130721. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 19, 2015.
No. 16-0035/AR. U.S. v. William A. McCaskill. CCA 20130428. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 19, 2015.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 28, 2015
Petitions for Grant of Review Filed
No. 16-0032/AF. U.S. v. Neal R. Phillips.
CCA
S32265.
No. 16-0033/AR. U.S. v. Mark R. Eddy. CCA 20130239.
No. 16-0034/AR. U.S. v. William D. Record. CCA 20130721.
No. 16-0035/AR. U.S. v. William A. McCaskill. CCA 20130428.
Petitions for Grant of Review Denied
No. 15-0631/AR. U.S. v. Stanley S. Jnbaptiste. CCA 20121113.
No. 15-0730/AF. U.S. v. Franklyn J. Frias. CCA S32219.
No. 15-0743/AR. U.S. v. Marcus T. Fuqua. CCA 20140033.
No. 15-0762/AF. U.S. v. James R. Spear II.
CCA 38537.
No. 15-0768/MC. U.S. v. Marquette Diggs. CCA 201400153.
No. 15-0769/AR. U.S. v. John W.Y.
Yang.
CCA
20140739.
Interlocutory Orders
No. 16-0028/AR. U.S. v. Aaron L. Bridges. CCA 20120714. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 13, 2015.
No. 16-0030/AF. U.S. v. Daniel W. Hill.
CCA 38648. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 13, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, September 25, 2015
Petitions for Grant
of Review Filed
No.
16-0031/AR. U.S. v. Danzell T. Gonzales. CCA 20140605.
Appeals - Summary
Dispositions
No. 15-0462/MC. U.S. v. Michael A. Arnold. CCA 201200382. On consideration of the certified issue, __ M.J. __, (Daily Journal Apr. 3, 2015), the briefs of the
parties, and in view of United States v. Quick, 74 M.J.
332 (C.A.A.F. 2015), the decision of the United
States Navy-Marine Corps Court of Criminal Appeals is affirmed.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, September 22, 2015
Petitions for Grant
of Review Filed
No. 16-0028/AR. U.S.
v. Aaron L. Bridges. CCA 20120714.
No. 16-0029/AR. U.S.
v. Michael W. Long II. CCA 20120166.
No. 16-0030/AF. U.S.
v. Daniel W. Hill. CCA 38648.
Petitions for Grant
of Review Denied
No. 15-0628/MC. U.S.
v. Joseph A. Dyas. CCA 201400250.
No. 15-0660/AF. U.S.
v. Benjamin A. Feldkamp. CCA 38493.
No. 15-0760/AR. U.S.
v. Justin S. Cannon. CCA 20130415.
No. 15-0765/AR. U.S.
v. Matthew K. Barker. CCA 20140189.
No. 15-0766/AR. U.S.
v. Travis J. Gregg. CCA 20121119.
Petitions for Grant
of Review - Summary Dispositions
No. 15-0669/AF. U.S. v. Reyna R. Lopeztegui. CCA S32209.
On consideration of the petition for grant of review of the decision of
the United States Air Force Court of Criminal Appeals said petition is hereby
granted on the following issue:
WHETHER THE STAFF
JUDGE ADVOCATE'S RECOMMENDATION (SJAR) AND ADDENDUM
TO THE SJAR WERE ERRONEOUS BECAUSE THEY DID NOT
PROVIDE ACCURATE INFORMATION TO THE CONVENING AUTHORITY.
The decision of the
United States Air Force Court of Criminal Appeals is reversed, and the
convening authority's action is set aside. The record of trial is returned to
the Judge Advocate General for remand to the same or a different convening
authority for a new post-trial recommendation and action.
No. 15-0726/AF. U.S. v. Patrick A. Shea. CCA S32225. On consideration
of the petition for grant of review of the decision of the United States Air
Force Court of Criminal Appeals, said petition is hereby granted on the
following issue:
WHETHER THE AIR FORCE
COURT ERRED IN REASSESSING THE SENTENCE TO MATCH THE SENTENCE ADJUDGED BY THE
COURT-MARTIAL (WHICH INCLUDED FORFEITURES OF PAY) RATHER THAN THE SENTENCE
APPROVED BY THE CONVENING AUTHORITY (WHICH DID NOT INCLUDE FORFEITURES OF PAY).
The decision of the
United States Air Force Court of Criminal Appeals is affirmed as to the
findings but reversed as to the sentence. The record is returned to the Judge
Advocate General of the Air Force for remand to that court to reassess the
sentence based on the affirmed findings of guilty.
Interlocutory Orders
No. 15-0413/AF. U.S.
v. Sebastian P. LaBella. CCA 37679. On consideration of the motion of the United
States Air Force Appellate Defense Division to file an Amicus Curiae brief in
support of the Appellant, it is ordered that Appellate Defense Counsel for the
Appellant, within 10 days of the date of this order, submit to the Court the
Appellant's view regarding the pending motion.
No. 16-0026/AR. U.S.
v. Antiwan M. Henning. CCA 20150410. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 13, 2015.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 21, 2015
Petitions for Grant of Review Filed
No. 16-0025/AR. U.S. v. Jose I. Ayala. CCA 20130610.
No. 16-0026/AR. U.S. v. Antiwan
M. Henning.
CCA
20150410.
Petitions for Grant of Review Denied
No. 15-0721/AR. U.S. v. Nicholas G. Buckus. CCA 20130627.
Miscellaneous Docket – Filings
No. 16-0027/NA. Dustin M. Clark, Appellant v. United States,
Appellee. CCA 201400232. Notice is hereby given that a writ-appeal
petition for review of the decision of the United States Navy-Marine Corps
Court of Criminal Appeals on application for extraordinary relief was filed
under Rule 27(b) on this date.
Interlocutory Orders
No. 13-7001/AR. U.S. v. Hasan
K. Akbar.
CCA
20050514. On consideration of Appellee's motion to extend time to file an answer to
Appellant's petition for reconsideration, it is ordered that said motion is
hereby granted, but only up to and including October 16, 2015.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 18, 2015
Petitions for Grant of Review Denied
No. 15-0751/AR. U.S. v. Justin B.
Butler. CCA 20110667.
No. 15-0756/AR. U.S. v. Patrick L. Tabaka. CCA 20140726.
No. 15-0758/AR. U.S. v. Reuss L. McKinnon. CCA 20140490.
Notices
of Designation
No. 15-0087/MC. U.S. v. Carlton Wilder,
Jr. CCA 201400118.
No. 15-0384/CG & 15-0387/CG. U.S. v. Christopher S. Cooley. CCA 1389.
No. 15-0425/AF. U.S. v. Alan J. Killion, Jr. CCA S32193.
No. 15-0477/AF. U.S. v. Nicholas E. Busch. CCA 38530.
At the request of Chief Judge Charles E. "Chip" Erdmann,
Chief Justice John G. Roberts, Jr., has designated Judge Albert Diaz of the
United States Court of Appeals for the Fourth 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).
No. 15-0140/AR. U.S. v. Henry L.
Williams III. CCA 20130284.
No. 15-0172/MC. U.S. v. Francis L.
Captain. CCA 201300137.
No. 15-0334/MC. U.S. v. Quantaus R. Riggins. CCA 201400046.
No. 15-0361/MC. U.S. v. Matthew P.
Hoffman. CCA 201400067.
No. 15-0413/AF. U.S. v. Sebastian P. LaBella. CCA 37679.
No. 15-0476/AR. U.S. v. Eric L. Rapert. CCA 20130309.
At the request of Chief Judge Charles E. "Chip" Erdmann,
Chief Justice John G. Roberts, Jr., has designated Senior Judge Royce C. Lamberth of the United States District Court for the
District of Columbia 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, September 17, 2015
Petitions for Grant
of Review Filed
No. 16-0023/AR. U.S.
v. Jarrell D. Speight. CCA 20130837.
No. 16-0024/AF. U.S.
v. Christopher R. Perez. CCA 38559.
Petitions for Grant
of Review - Summary Dispositions
No. 15-0770/AR. U.S. v. Demarcus
L. Lilly. CCA 20130349. 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
military judge neglected to seal the pleadings and transcript associated with
two motions to exclude evidence under MRE 412.
Accordingly, the Clerk is ordered to seal pages 22-29 of the record and
Appellate Exhibits III and IV and all attachments thereto.
Interlocutory Orders
No. 16-0019/AR. U.S.
v. Asa M. Evans. CCA 20130647. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 5, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, September 16, 2015
Petitions for Grant
of Review Filed
No. 16-0021/AR. U.S.
v. Richard A. Sheltra. CCA
20130827.
No. 16-0022/AR. U.S.
v. Brandon E. Baur. CCA 20140213.
Petitions for Grant
of Review Denied
No. 15-0673/AR. U.S.
v. Hugo Rosalesleonor. CCA 20140230.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, September 15, 2015
Petitions for Grant
of Review Filed
No. 16-0019/AR. U.S.
v. Asa M. Evans. CCA 20130647.
No. 16-0020/MC. U.S.
v. Amber N. Basares. CCA 201400278.
Petitions for Grant
of Review Denied
No. 15-0755/AF. U.S.
v. Daniel J. McDonough. CCA 38605.
Interlocutory Orders
No. 16-0007/AF. U.S.
v. Calyx E. Harrell. CCA 38538. On
consideration of Appellant's motion for leave to file the supplement to the
petition for grant of review exceeding 9,000 words, it is ordered that said
motion is hereby denied. Appellant will file a supplement to the petition for
grant of review that complies with Rule 21(b) on or before September 24, 2015.
No. 16-0014/NA. U.S.
v. Jacob L. Pease. CCA 201400165. On
consideration of Appellant's motion to extend time to file a certificate for
review of the decision of the United States Navy-Marine Corps Court of Criminal
Appeals, it is ordered that said motion is hereby denied as moot.
No. 16-0018/AF. U.S.
v. Justin M. Davis. CCA 38518. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 5, 2015.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 14, 2015
Petitions for Grant of Review Filed
No. 16-0017/AR. U.S. v. Eikcaj K. Morris-Solomon. CCA
20140579.
No. 16-0018/AF. U.S. v. Justin M. Davis.
CCA 38518.
Petitions for Grant of Review Denied
No. 15-0560/AR. U.S. v. Cornelius T. Summers. CCA
20121104.
No. 15-0746/AR. U.S. v. Edward L. Lowery. CCA
20120534.
No. 15-0748/AR. U.S. v. Carla S. Dotson. CCA
20120115.
No. 15-0752/AF. U.S. v. Kelly J. Schmidt.
CCA 38583.
No. 15-0753/AR. U.S. v. Marc A. Greene. CCA
20130568.
Certificates for Review Filed
No. 16-0014/NA. U.S. v. Jacob L. Pease. CCA 201400165.
Notice is hereby given that a certificate of review of the decision of
the United States Navy-Marine Corps Court of Criminal Appeals was filed under
Rule 22 this date on the following issues:
THE
LOWER COURT JUDICIALLY DEFINED "INCAPABLE OF CONSENTING" CONTRARY TO
THE INSTRUCTIONS GIVEN TO THE MEMBERS AND USED THIS DEFINITION TO FIND THREE
CHARGES OF SEXUAL ASSAULT AND ONE CHARGE OF ABUSIVE SEXUAL CONTACT FACTUALLY
INSUFFICIENT. IN CREATING THIS NEW LEGAL DEFINITION NOT CONSIDERED BY THE
FACTFINDER AND NOWHERE PRESENT IN THE RECORD, DID THE LOWER COURT CONSIDER
MATTERS OUTSIDE THE RECORD AND OUTSIDE ITS STATUTORY AUTHORITY IN CONDUCTING
ITS FACTUAL SUFFICIENCY REVIEW?
THE
LOWER COURT JUDICIALLY DEFINED "INCAPABLE OF CONSENTING" IN A MANNER
THAT LIMITS PROSECUTIONS TO ONLY TWO SITUATIONS - -"INABILITY TO
APPRECIATE" AND "INABILITY TO MAKE AND COMMUNICATE" AN
AGREEMENT. TO PROVE THE LATTER, THE COURT FURTHER REQUIRED PROOF THAT A VICTIM BE UNABLE BOTH TO MAKE AND TO COMMUNICATE A DECISION TO
ENGAGE IN THE CONDUCT AT ISSUE. NOTHING IN THE STATUTE REFLECTS CONGRESSIONAL
INTENT TO LIMIT ARTICLE 120, UCMJ, PROSECUTIONS IN THIS MANNER. DID THE LOWER
COURT ERR?
In the
Matter of the
RULES
ADVISORY COMMITTEE
Pursuant
to Rule 45 of the Rules of Practice and Procedure, United States Court of
Appeals for the Armed Forces, the following persons are, this 14th day of
September, 2015, hereby appointed as members of the Rules Advisory Committee,
effective October 1, 2015:
Dwight H. Sullivan,
Esq., and Thomas E. Booth, Esq., whose terms will expire on September 30, 2018.
Malcolm Squires, whose term expires on
September 30, 2015, is hereby reappointed as a member of the Rules Advisory
Committee for a term expiring on September 30, 2018.
The following
members, whose terms expire on the dates indicated below, remain on the Rules
Advisory Committee:
To expire on September 30, 2016:
Professor Steven H. Goldblatt,
Chairman
Michelle M. Lindo-McCluer,
Esq.
James E. McPherson, Esq.
To expire on September 30, 2017:
Professor Matthew G. Kaiser
Rebecca S. Snyder, Esq.
Colonel Peter W. Teller, U.S. Air Force
William A. DeCicco, Clerk of the Court, is an
ex officio member of the Committee, and serves as its Reporter.
The Court wishes to express its deepest
appreciation to John F. DePue, Esq., who has served
on the Rules Advisory Committee for 23 years for his outstanding service as a
member of the Rules Advisory Committee.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 11, 2015
Petitions for Grant of Review Filed
No. 16-0012/AF. U.S. v. Pamela L. Novy. CCA 38554.
No. 16-0013/AR. U.S. v. Charles D. Mayo. CCA 20140646.
No. 16-0015/AF. U.S. v. Adam B. Cagle.
CCA 38592.
No. 16-0016/MC. U.S. v. Aaron C. Wilson. CCA 201500017.
Notice of Filing of Motion
No. 16-0014/NA. United States, Appellant v. Jacob L. Pease,
Appellee. CCA 201400165. Notice is hereby given that a motion for an
enlargement of time to file a certificate for review of the decision of the
United States Navy-Marine Corps Court of Criminal Appeals was filed by
Appellant under Rule 30 on this date.
Interlocutory Orders
No. 15-0425/AF. U.S. v. Alan J. Killion,
Jr. CCA S32193. Appellee's motion
to file a corrected brief is granted.
No. 16-0012/AF. U.S. v. Pamela L. Novy. CCA 38554. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 1, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, September 10, 2015
Petitions for Grant
of Review Filed
No. 16-0010/AR. U.S.
v. Kamarques K. Dyess. CCA 20120486.
No. 16-0011/AR. U.S.
v. Donald L. Earls II. CCA 20150046.
Petitions for Grant
of Review Denied
No. 15-0699/AR. U.S.
v. Josue A. Nunezbyers. CCA 20120303.
Interlocutory Orders
No. 15-0260/AF. U.S.
v. Andrew P. Witt. CCA 36785. Appellee's second motion to extend time to file a brief
granted to October 30, 2015.
No. 15-0757/MC. U.S.
v. William M. Lefevers. CCA 201400312. Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted, but only up to
and including
September 23, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, September 9, 2015
Petitions for Grant
of Review Denied
No. 15-0612/AR. U.S.
v. Michael D. Klinetop. CCA 20131081.
No. 15-0745/AF. U.S.
v. Cody A. Burckhardt. CCA 38625.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, September 8, 2015
Petitions for Grant
of Review Filed
No. 16-0009/AR. U.S.
v. Corey W. North.
CCA
20140268.
Interlocutory Orders
No. 16-0005/AR. U.S.
v. Joseph R. Lee.
CCA
20130718. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to September, 23, 2015.
No. 16-0006/CG. U.S.
v. Matthew A. Rogers. CCA 1391. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 24, 2015.
No. 16-0007/AF. U.S.
v. Calyx E. Harrell. CCA 38538. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 24, 2015.
Mandates Issued
No. 14-8014/AF. U.S.
v. Mark K. Arness. CCA
2013-30.
No. 15-0186/CG. U.S.
v. Michael E. Sullivan. CCA 001-69-13.
No. 15-0315/AR. U.S.
v. Michael F. Stellato. CCA 20140453.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 4, 2015
Petitions for Grant of Review Filed
No. 16-0006/CG. U.S. v. Matthew A. Rogers.
CCA 1391.
No. 16-0007/AF. U.S. v. Calyx E. Harrell.
CCA 38538.
Petitions for Grant of Review Denied
No. 15-0225/AR. U.S. v. Neftaly
Platero. CCA 20120620.
No. 15-0532/NA. U.S. v. Jeramie M. Hutchinson. CCA 201400022.
No. 15-0638/AR. U.S. v. Alejandro L. Perez III. CCA 20130174.
No. 15-0652/AF. U.S. v. Robert A. Bondo. CCA 38438.
No. 15-0736/AR. U.S. v. Johnny Simmons, Jr. CCA 20130258.
Miscellaneous Docket - Filings
No. 16-0008/CG. Christopher S. Cooley, Petitioner v. William
G. Kelly, Rear Admiral, United States Coast Guard, in his official capacity as
Commander, Personnel Service Center, and United States, Respondents. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of habeas corpus or writ of
mandamus was filed under Rule 27(a) on this date.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, September 3, 2015
Petitions for Grant
of Review Filed
No. 16-0003/AF. U.S.
v. Paulo D. Walters. CCA 38516.
No. 16-0004/AR. U.S.
v. Michael McClendon. CCA 20140171.
No. 16-0005/AR. U.S.
v. Joseph R. Lee.
CCA
20130718.
Petitions for Grant
of Review Denied
No. 15-0492/AR. U.S.
v. Michael K. Jones II. CCA 20131058.
No. 15-0599/AR. U.S.
v. John M. Agostini. CCA 20140509.
No. 15-0661/AR. U.S.
v. Jesse J. Caballero. CCA 20130665.
No. 15-0694/AR. U.S.
v. Jason E. Deiter. CCA 20140487.
No. 15-0696/AR. U.S.
v. Anthony D. Balentine. CCA 20140334.
No. 15-0735/AR. U.S.
v. James B. Hicks.
CCA
20130901.
Interlocutory Orders
No. 16-0001/AF. U.S.
v. Jeremy J. Grawey. CCA S32029. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 21, 2015.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, September 1, 2015
Petitions for Grant
of Review Filed
No. 16-0001/AF. U.S.
v. Jeremy J. Grawey. CCA S32029.
No. 16-0002/AF. U.S.
v. Alphonso K. Dixon. CCA S32061.
Petitions for Grant
of Review Denied
No. 15-0554/AR. U.S.
v. Che D. Middleton. CCA 20121121.
No. 15-0622/AR. U.S.
v. Kevin M. Reen. CCA 20130753.
Interlocutory Orders
No. 15-0774/AF. U.S.
v. Floyd M. Jeter. CCA 38511. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 17, 2015.
Home Page |
Opinions & Digest
| Daily
Journal | Scheduled
Hearings | Search
Site