UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 30, 2016
Petitions for Grant of Review Filed
No. 16-0719/AR. U.S. v. John G. Birdsong. CCA 20140887.
No. 16-0720/AR. U.S. v. Robert S. Echols. CCA 20160126.
No. 16-0721/AF. U.S. v. Mark W. Harley.
CCA 38896.
Interlocutory Orders
No. 16-0689/AF. U.S. v. Charles D. Buford.
CCA
2016-04. Appellee's motion for an enlargement
of time to file an answer to the supplement to the petition for grant of
review granted
to September 13, 2016.
No. 16-0712/AR. U.S. v. James G. Donohue. CCA 20140124. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 15, 2016.
No. 16-0715/AR. U.S. v. Zachary A. Bennett. CCA 20121072. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 9, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 29, 2016
Petitions for Grant of Review Filed
No. 16-0716/AR. U.S. v. Manuel Ortiz III. CCA
20150267.
No. 16-0717/AR. U.S. v. Maurice Crutchfield. CCA
20160153.
No. 16-0718/AR. U.S. v. Brandon L. Hall. CCA
20140850.
Petitions for Grant of Review Denied
No. 16-0595/AR. U.S. v. Miguel A. Arroyo. CCA
20140746.
No. 16-0619/AF. U.S. v. Eddy C. Soto.
CCA 38422.
No. 16-0632/AF. U.S. v. Brandon T. James.
CCA S32302.
No. 16-0644/AR. U.S. v. Christopher D. Lay. CCA
20150759.
No. 16-0656/CG. U.S. v. James V. Rankin.
CCA 1416.
No. 16-0673/AR. U.S. v. Desmun J. Chandler. CCA
201503011.
No. 16-0676/AR. U.S. v. Tyler J. Christie. CCA
20150316.
Petitions for Reconsideration Denied
No
16-0571/AR. U.S. v. Everald S. Allen. CCA 20130521. On consideration of Appellant's petition for
reconsideration en banc of this Court's order issued July 25, 2016, it is
ordered that petition for reconsideration is hereby denied.
Orders Granting Petition for Review
No. 16-0565/MC. U.S.
v. Dalton C. Nickens. CCA
201500142. 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 MILITARY JUDGE ERRED WHEN HE INSTRUCTED THE MEMBERS, "IF, BASED ON
YOUR CONSIDERATION OF THE EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE ACCUSED
IS GUILTY OF A CHARGED OFFENSE, YOU MUST FIND HIM GUILTY OF THAT OFFENSE,"
WHERE SUCH AN INSTRUCTION IS IN VIOLATION OF UNITED STATES v. MARTIN LINEN
SUPPLY CO, 430 U.S. 564, 572-73 (1977), AND THERE IS INCONSISTENT
APPLICATION BETWEEN THE SERVICES OF THE INSTRUCTIONS RELATING TO WHEN MEMBERS
MUST OR SHOULD CONVICT AN ACCUSED.
No
briefs will be filed under Rule 25.
Mandates Issued
No. 15-0510 & 16-0223/MC. U.S. v. Monifa J. Sterling. CCA 201400150.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 26, 2016
Petitions for Grant of Review Filed
No. 16-0712/AR. U.S. v. James G. Donohue. CCA 20140124.
No. 16-0713/AR. U.S. v. Samuel E. Nealy
III.
CCA
20140029.
No. 16-0714/AR. U.S. v. Mattie L. Brown. CCA 20140346.
No. 16-0715/AR. U.S. v. Zachary A. Bennett. CCA 20121072.
Interlocutory Orders
No. 16-0555/AR. U.S. v. Jason M. Commisso. CCA 20140205. Appellant's
motion to extend time to file a reply brief granted to September 9, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 25, 2016
Petitions for Grant of Review Denied
No. 16-0621/MC. U.S. v. Brian S. Johnson. CCA 201500196.
Miscellaneous Docket - Summary
Dispositions
No. 16-0691/AR. Maurice K. Robins, Petitioner v. United
States, Respondent. CCA 20160499.
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. 16-0306/AR. U.S. v. Joshua C. Davis. CCA 20130996. On
consideration of Appellee's motion to reschedule the
hearing, it is ordered that said motion is granted. The hearing notice issued
on August 9, 2016 is vacated. A revised hearing notice will be issued at a
later date.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 23, 2016
Petitions for Grant of Review Denied
No. 16-0575/AR. U.S. v. Curtis T. Davis. CCA 20150402.
No. 16-0609/NA. U.S. v. Alexander E.
Knowles. CCA 201500181.
No. 16-0666/AR. U.S. v. Brian L. Todd. CCA 20150286.
Interlocutory Orders
No. 16-0555/AR. U.S. v. Jason M. Commisso. CCA 20140205. Appellee's motion
to file a supplemental joint appendix is granted.
No. 16-0706/AR. U.S. v. Travis L. Gallegos. CCA 20130926. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 8, 2016.
No. 16-0707/AR. U.S. v. Miguel A. Molina. CCA 20130567. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 12, 2016.
No. 16-0711/AF. U.S. v. Michael J.D.
Briggs. CCA 38730. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 12, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 22, 2016
Petitions for Grant of Review Filed
No. 16-0707/AR. U.S. v. Miguel A. Molina. CCA 20130567.
No. 16-0708/AR. U.S. v. Leshan
Jones.
CCA
20140925.
No. 16-0709/AR. U.S. v. Michael C. Dennehe. CCA 20140253.
No. 16-0710/AR. U.S. v. David M. Tompkins. CCA 20140788.
No. 16-0711/AF. U.S. v. Michael J.D.
Briggs. CCA 38730.
Petitions for Grant of Review Denied
No. 16-0642/AR. U.S. v. Douglas L. Williams. CCA 20130522.
No. 16-0643/AR. U.S. v. Mario J. Laraguillen. CCA 20150516.
No. 16-0667/AF. U.S. v. Angela J. Cook.
CCA 38893.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 18, 2016
Petitions for Grant of Review Filed
No. 16-0704/AR. U.S. v. Dwight Harris, Jr. CCA 20131045.
No. 16-0705/AR. U.S. v. Sean R. Erikson. CCA 20150130.
No. 16-0706/AR. U.S. v. Travis L. Gallegos. CCA 20130926.
Petitions for Grant of Review Denied
No. 16-0625/AR. U.S. v. Jarrid
R. Lovett.
CCA
20140580.
No. 16-0636/AR. U.S. v. Geoffrey A. Thompson. CCA 20150321.
No. 16-0664/AR. U.S. v. Andrew C. Evans. CCA 20150472.
Orders Granting Petition for Review
No. 16-0497/MC. U.S.
v. Reece N. Tso. CCA 201400379. 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 re-drafted issue:
WHETHER,
AFTER DISMISSING AN INITIAL COURT-MARTIAL PANEL BECAUSE THE CONVENING AUTHORITY
IMPROPERLY EXCLUDED CERTAIN RANKS FROM CONSIDERATION AS COURT MEMBERS, THE
MILITARY JUDGE ERRED BY ACCEPTING A PANEL COMPRISED OF THE SAME DETAILED
MEMBERS.
No
briefs will be filed under Rule 25.
No. 16-0651/AF. U.S. v. Nicole A. Dalmazzi.
CCA 38808. 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
UNITED STATES COURT OF MILITARY COMMISSION REVIEW JUDGE, MARTIN T. MITCHELL, IS
STATUTORILY AUTHORIZED TO SIT AS ONE OF THE AIR FORCE COURT OF CRIMINAL APPEALS
JUDGES ON THE PANEL THAT DECIDED APPELLANT'S CASE.
II.
WHETHER JUDGE MARTIN T. MITCHELL'S
SERVICE ON BOTH THE AIR FORCE COURT OF CRIMINAL APPEALS AND THE UNITED STATES
COURT OF MILITARY COMMISSION REVIEW VIOLATES THE APPOINTMENTS CLAUSE GIVEN HIS
STATUS AS A SUPERIOR OFFICER ON THE UNITED STATES COURT OF MILITARY COMMISSION
REVIEW.
Briefs
will be filed under Rule 25.
The
Chiefs of the Appellate Defense and Appellate Government Divisions of the
United States Army, the United States Coast Guard, and the United States
Navy-Marine Corps are invited to file amicus curiae briefs on these issues.
These briefs will be filed under Rule 26.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
August 17, 2016
Petitions for Grant of Review Filed
No. 16-0701/AR. U.S. v. Mikal
I. Blount.
CCA
20150748.
No. 16-0702/AR. U.S. v. Nicole L. Askew. CCA 20150795.
No. 16-0703/AF. U.S. v. Jeremy A. Wisehart. CCA S32280.
Petitions for Grant of Review Denied
No. 16-0551/AR. U.S. v. Robert W. Cutshaw. CCA 20130873.
No. 16-0554/AR. U.S. v. George R. Galvan. CCA 20140320.
No. 16-0563/AR. U.S. v. Jesus M. Rodriguez. CCA 20150043.
No. 16-0582/AR. U.S. v. Michael B. Scioneaux. CCA 20130850.
No. 16-0589/AF. U.S. v. Jeffery L. Lewis.
CCA 38727.
No. 16-0592/AR. U.S. v. Tito O. Myree. CCA 20140645.
No. 16-0607/AR. U.S. v. Stephan G. Kurdilla. CCA 20140964.
No. 16-0608/AR. U.S. v. Casey D. Young. CCA 20140946.
No. 16-0652/AR. U.S. v. Benjamin C. Mason. CCA 20150010.
No. 16-0653/AR. U.S. v. Brandon J. Sharp. CCA 20150248.
No. 16-0659/AR. U.S. v. David R. Sanders. CCA 20150255.
Interlocutory Orders
No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244. On consideration of Appellant's motion to
suspend the Rule, it appears that the citation in question in not in violation
of the Rules of the Court. Accordingly, it is ordered that said motion is
hereby denied as moot.
No. 16-0497/MC. U.S. v. Reece N. Tso. CCA 201400379. On
consideration of Appellee's motion to strike and
Appellant's motion to enlarge time to file an opposition motion nunc pro tunc, it is ordered that
said motions are hereby denied.
No. 16-0697/AR. U.S. v. Douglas E. Reynolds, Jr. CCA 20140856. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to August 30, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 16, 2016
Petitions for Grant of Review Filed
No. 16-0696/AR. U.S. v. William G. Inman. CCA 20150042.
No. 16-0697/AR. U.S. v. Douglas E. Reynolds, Jr. CCA 20140856.
No. 16-0698/AR. U.S. v. Derek T. Overmyer. CCA 20150062.
No. 16-0699/AR. U.S. v. Corneilus
W. Morton, Jr. CCA 20150411.
Miscellaneous Docket - Filings
No. 16-0700/NA. Dwight D. Roberts,
Appellant v. United States, Appellee. CCA 201600119. 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.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 15, 2016
Petitions for Grant of Review Filed
No. 16-0695/AF. U.S. v. Robert T.
McCormick. CCA 38743.
Petitions for Grant of Review Denied
No. 16-0613/AR. U.S. v. Bryant K. Marsh. CCA 20120572.
No. 16-0661/AR. U.S. v. Ricardo Paulemon. CCA 20130745.
Interlocutory Orders
No. 16-0336/CG. U.S. v. Omar M. Gomez.
CCA 1394.
No. 16-0678/CG. Thomas J. Randolph, Appellant v. H.V., Appellee v. Cassie A.
Kitchen, Commander, U.S. Coast Guard Military Judge, Respondent Below. On
consideration of the motions filed by Lieutenant Philip A. Jones to withdraw as
appellate defense counsel in the above cases, it appears that the Judge
Advocate General has assigned other counsel to represent Appellants and that
the new attorneys have assumed the representation of said Appellants.
Accordingly, it is, ordered that said motions are hereby granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 12, 2016
Petitions for Grant of Review Denied
No. 16-0572/AR. U.S. v. Brian L. Johnson. CCA 20131075.
No. 16-0583/AR. U.S. v. Shawn C. Clark. CCA 20140252.
No. 16-0601/AR. U.S. v. Hunter J. Israel. CCA 20131054.
No. 16-0649/AR. U.S. v. Fritzharry
L. Nostrates. CCA 20150395.
No. 16-0650/AR. U.S. v. Courtney A. Craig. CCA 20150272.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 11, 2016
Petitions for Grant of Review Filed
No. 16-0692/AR. U.S. v. Shaykhiem
Griffin.
CCA
20150805.
No. 16-0693/AR. U.S. v. Marcos A. Bustamante. CCA 20150486.
No. 16-0694/AR. U.S. v. Douglas J. Adkins. CCA 20130961.
UNITED STATES COURT OF APPEALS FOR THE
ARMED FORCES
DAILY JOURNAL
Wednesday, August 10, 2016
Petitions for Grant of Review Denied
No.
16-0499/AR. U.S. v. Michael J. Moody.
CCA
20121083.
No.
16-0648/MC. U.S. v. Nigil L. Smith. CCA 201500361.
Miscellaneous Docket - Filings
No.
16-0691/AR. U.S. v. Maurice K. Robins. CCA 20160499. 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.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 9, 2016
Miscellaneous Docket - Filings
No. 16-0690/AF. U.S. v. Steven M. Chapman.
CCA
2016-07. Notice is hereby given that a writ-appeal petition for review
of the decision of the United States Air Force Court of Criminal Appeals on
application for extraordinary relief in the nature of a writ of habeas corpus
was filed under Rule 27(b) on this date.
Interlocutory Orders
No. 16-0689/AF. U.S. v. Charles D. Buford.
CCA
2016-04. Appellant's motion to extend time to file the supplement to the
petition for grant of review granted to August 29, 2016.
Mandates Issued
No. 15-0767/AR. U.S. v. Kendell
Hills.
CCA
20130833.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 8, 2016
Petitions for Grant of Review Filed
No. 16-0685/AR. U.S. v. Amber E. Flores. CCA 20150476.
No. 16-0686/AR. U.S. v. Benjamin C. Olson. CCA 20150622.
No. 16-0687/AR. U.S. v. Alan G. Butler. CCA 20150306.
No. 16-0688/AR. U.S. v. David A. King. CCA 20150837.
No. 16-0689/AF. U.S. v. Charles D. Buford.
CCA
2016-04.
Petitions for Grant of Review Denied
No. 16-0629/AR. U.S. v. Brian C. McBride. CCA 20140052.
No. 16-0645/AF. U.S. v. Jeffrey W. Perry.
CCA
S32286.
No. 16-0646/AF. U.S. v. Dimitri R. Smith. CCA 38845.
No. 16-0647/AF. U.S. v. Brian C. Baker.
CCA
S32356.
Miscellaneous Docket - Summary
Dispositions
No. 16-0548/AR. U.S. v. Sean P. Bright. On consideration of
the petition for extraordinary relief in the nature of a writ of error coram nobis, it is ordered that
said petition is hereby denied.
Appeals - Summary Dispositions
No. 16-0277/AR. U.S.
v. William P. Moynihan. CCA 20130855. On further
consideration of the granted issue, 75 M.J. 236 (C.A.A.F. 2016), it is ordered that the decision of the
United States Army Court of Criminal Appeals is set aside. The record of trial
is returned to the Judge Advocate General of the Army for remand to that court
for consideration of the granted issue in light of United States v. Hills,
75 M.J. ___ (C.A.A.F.
2016).
No. 16-0369/AR. U.S.
v. Arturo A. Tafoya. CCA 20140798. On further consideration of the granted
issue, 75 M.J. ___ (C.A.A.F.
May 6, 2016), it is ordered that the decision of the United States Army Court
of Criminal Appeals is set aside. The record of trial is returned to the Judge
Advocate General of the Army for remand to that court for consideration of the
granted issue in light of United States v. Hills, 75 M.J.
___ (C.A.A.F. 2016).
No. 16-0416/AR. U.S.
v. Gene N. Williams. CCA 20130582. On further
consideration of the granted issue, 75 M.J. ___ (C.A.A.F. June 22, 2016), it is ordered that the decision of
the United States Army Court of Criminal Appeals is set aside. The record of
trial is returned to the Judge Advocate General of the Army for remand to that
court for consideration of the granted issue in light of United States v.
Hills, 75 M.J. ___ (C.A.A.F.
2016).
Interlocutory Orders
No. 16-0613/AR. U.S. v. Bryant K. Marsh. CCA 20120572. Appellant's
motion to attach defense appellate exhibit A is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 5, 2016
Petitions for Grant of Review Filed
No. 16-0683/AR. U.S. v. Tedrick
A. West.
CCA
20140500.
No. 16-0684/AF. U.S. v. Chasaneya K. Jones. CCA S32333.
Mandates Issued
No. 15-0260/AF. U.S. v. Andrew P. Witt.
CCA 36785.
No. 16-0289 & 16-0367/MC. Stephen P. Howell v. United
States.
CCA
201200264.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
August 3, 2016
Petitions for Grant of Review Filed
No. 16-0681/AR. U.S. v. Deonte
M. Singletery. CCA 20140686.
No. 16-0682/AF. U.S. v. Chance J.H. Peschard. CCA S32304.
Petitions for Grant of Review Denied
No. 16-0603/MC. U.S. v. Duane J. Nairns. CCA 201600013.
No. 16-0624/AR. U.S. v. Michel Dieujuste. CCA 20150326.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 2, 2016
Petitions for Grant of Review Filed
No. 16-0679/AR. U.S. v. Miguel A. Aguilar. CCA 20140811.
No. 16-0680/AR. U.S. v. Shquon
T. Hodge.
CCA
20160056.
Petitions for Reconsideration Denied
No. 15-0767/AR. U.S. v. Kendell
Hills.
CCA
20130833. On consideration of Appellant's petition of reconsideration of
this Court's decision, 75 M.J. __ (C.A.A.F. June 27, 2016), it is ordered that said petition
for reconsideration be, and the same is, hereby denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, August 1, 2016
Petitions for Grant
of Review Denied
No.
16-0618/AR. U.S. v. Terrell D. Price. CCA 20150406.
No.
16-0627/AR. U.S. v. Michael R. Wiedemann, Jr. CCA 20160012.
No.
16-0633/AR. U.S. v. Tomas J. Gonzalez, Jr. CCA
20150005.
No.
16-0634/AR. U.S. v. Christopher A. Shidagis. CCA 20150458.
No.
16-0637/AF.
U.S. v. Casey M. Crowder. CCA S32315.
No.
16-0638/AR. U.S. v. Joseph R. Wilson. CCA 20130601.
No.
16-0639/AF.
U.S. v. Timothy P. Watson, Jr. CCA
S32380.
No.
16-0640/AR. U.S. v. Joshua M. Phillips. CCA 20140640.
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