UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 28, 2016
Petitions for Grant of Review Filed
No. 16-0677/AR. U.S. v. Jovanni
Pimentel.
CCA
20150361.
Miscellaneous Docket - Filings
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. Notice
is hereby given that a writ-appeal petition for review of the decision of the
United States Coast Guard Court of Criminal Appeals on application for
extraordinary relief was filed under Rule 27(b) on this date.
Interlocutory Orders
No. 16-0407/AR. U.S. v. Justin P. Swift. CCA 20100196. Appellee's motion to file a supplemental joint appendix is granted.
No. 16-0674/AF. James M. Kmet. CCA 38755.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to August 15, 2016.
No. 16-0675/AF. U.S. v. Brandi D.
Medeiros. CCA S32289. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to August 16, 2016.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday, July 27,
2016
Petitions for Grant
of Review Filed
No.
16-0675/AF. U.S. v. Brandi D. Medeiros. CCA
S32289.
No. 16-0676/AR. U.S.
v. Tyler J. Christie. CCA
20150316.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday, July 26,
2016
Petitions for Grant
of Review Filed
No. 16-0673/AR. U.S.
v. Desmun J. Chandler. CCA
201503011.
No.
16-0674/AF. U.S. v. James M. Kmet. CCA
38755.
Petitions for Grant
of Review Denied
No.
16-0533/AF. U.S. v. Eduardo H. Apodaca. CCA
38871.
No. 16-0557/AR. U.S.
v. Eddie A. Ruiz. CCA
20140411.
Petitions for Grant
of Review - Summary Dispositions
No.
16-0615/AF. U.S. v. Zavian M.T. Addison. CCA S32287. 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:
WHETHER APPELLANT IS
ENTITLED TO NEW POST-TRIAL PROCESSING BECAUSE THE ADDENDUM TO THE STAFF JUDGE
ADVOCATE'S RECOMMENDATION FAILED TO CORRECT AN ERROR IN APPELLANT'S CLEMENCY
SUBMISSION.
The decision of the
United States Air Force Court of Criminal Appeals and the action of the
Convening Authority are set aside. The record is returned to the Judge Advocate
General of the Air Force for remand to an appropriate convening authority for a
new Staff Judge Advocate's Recommendation and Convening Authority's action.
Appellant will be represented by a new and conflict-free trial defense
counsel.
Interlocutory
Orders
No.
16-0229/AF. U.S. v. Ellwood T. Bowen. CCA 38616. Appellant's motion
to extend time to file a reply brief granted to July 29,
2016.
No.
16-0669/NA. U.S. v. Mark A. Berger. CCA 201500024. Appellant's
motion to extend time to file the supplement to the petition for grant of review
granted to August 15, 2016.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday, July 25,
2016
Petitions for Grant
of Review Filed
No.
16-0669/NA. U.S. v. Mark A. Berger. CCA
201500024.
No. 16-0670/AR. U.S.
v. Matthew N. Watkins. CCA
20140275.
No.
16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA
38839.
Petitions for Grant
of Review Denied
No. 16-0564/MC. U.S.
v. Brandon J. Brown. CCA
201300181.
No. 16-0569/AR. U.S.
v. Wayne T. Hall. CCA
20130431.
No. 16-0571/AR. U.S.
v. Everald S. Allen. CCA
20130521.
No. 16-0587/AR. U.S.
v. Jonathan A. Tennant. CCA
20150764.
No.
16-0614/AF. U.S. v. Michael J. Mellott. CCA
38776.
No. 16-0623/AR. U.S.
v. Johnathan R. Murillo. CCA
20160064.
No. 16-0626/AR. U.S.
v. Daniel P. Stapleton. CCA
20150689.
No. 16-0628/AR. U.S.
v. Lawrence L. Whaley II. CCA
20140767.
No. 16-0630/AR. U.S.
v. Richard A. Gifford. CCA
20120545.
Miscellaneous Docket
- Filings
No.
16-0672/AF. Victorino Refre, Jr., Petitioner v. United States, Repsondent. Notice is hereby given that a petition
for extraordinary relief in the nature of a writ of error coram nobis was filed under Rule
27(a) on this date.
Interlocutory
Orders
No.
16-0455/AF. U.S. v. Trentlee D. McClour. CCA 38704. Appellant's motion to extend time to
file a brief granted to August 3, 2016.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday, July 22,
2016
Petitions for Grant
of Review Denied
No. 16-0610/AR. U.S.
v. Corley Z. Black. CCA
20140010.
No.
16-0612/AF. U.S. v. Kevin W. Barnes. CCA
38720.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday, July 21,
2016
Orders Granting
Petition for Review
No.
16-0482/AF. U.S. v. Blake E. Taylor. CCA 38700. 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 specified by the Court:
WHETHER THE AFCCA ERRED WHEN IT FAILED TO GRANT RELIEF WHERE THE
MILITARY JUDGE INSTRUCTED THE MEMBERS, "IF BASED ON YOUR CONSIDERATION OF THE
EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE ACCUSED IS GUILTY OF ANY OFFENSE
CHARGED, YOU MUST FIND HIM GUILTY," 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.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday, July 20,
2016
Petitions for Grant
of Review Filed
No.
16-0667/AF. U.S. v. Angela J. Cook. CCA
38893.
No. 16-0668/AR. U.S.
v. Darwin L. Kee. CCA
20140184.
Petitions for Grant
of Review Denied
No. 16-0472/AR. U.S.
v. Shaun B. Marcus. CCA
20130795.
Petitions for Grant
of Review - Summary Dispositions
No. 16-0605/AR. U.S.
v. Mark V. Odie. CCA 20130122. 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 in
summarizing Appellant's convictions in its opinion, the United States Army Court
of Criminal Appeals incorrectly stated that Appellant was convicted of
obstruction of justice and two specifications of communicating a threat. In
fact, Appellant was not convicted of obstruction of justice, and inter alia, he was convicted of three
specifications of communicating a threat.
Interlocutory
Orders
No.
16-0482/AF. U.S. v. Blake E. Taylor. CCA 38700. Appellant's motion
to attach documents is denied.
No. 16-0663/MC. U.S.
v. Travis V. Nauta. CCA
201500244. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to August 8,
2016.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday, July 19,
2016
Petitions for Grant
of Review Filed
No. 16-0665/AR.
U.S. v. Kristopher E. Williams. CCA
20150783.
No. 16-0666/AR. U.S. v. Brian
L. Todd. CCA
20150286.
Orders Granting
Petition for Review
No.
16-0546/AF. U.S. v. Rodney B. Boyce. CCA 38673. 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 specified by the Court:
THE CHIEF OF STAFF OF
THE AIR FORCE ADVISED THE CONVENING AUTHORITY THAT, UNLESS HE RETIRED, THE
SECRETARY OF THE AIR FORCE WOULD FIRE HIM. WAS THE CONVENING AUTHORITY'S
SUBSEQUENT REFERRAL OF CHARGES UNLAWFULLY INFLUENCED BY THE THREAT TO HIS
POSITION AND CAREER?
Briefs will be filed
under Rule 25.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday, July 18,
2016
Petitions for Grant
of Review Filed
No. 16-0663/MC. U.S.
v. Travis V. Nauta. CCA
201500244.
No. 16-0664/AR. U.S.
v. Andrew C. Evans. CCA
20150472.
Petitions for Grant
of Review Denied
No.
16-0521/AF. U.S. v. Johnny A. Escobar. CCA
38721.
No.
16-0553/AF. U.S. v. Anthony M. Alvarado. CCA
38694.
No.
16-0570/CG. U.S. v. Joe D. Newmans. CCA
1402.
No.
16-0578/CG. U.S. v. Jerry L. Hardy. CCA
1408.
No.
16-0591/AF. U.S. v. Tyler W. Crowell. CCA
S32267.
No. 16-0594/AR. U.S.
v. Quintin A. Gilbert. CCA
20150670.
No. 16-0598/AR. U.S.
v. Daniel E. Harris. CCA
20150545.
No. 16-0600/AR. U.S.
v. Jason E.L. French. CCA
20150123.
No. 16-0602/AR. U.S.
v. Timothy Leybovsky. CCA
20150073.
No.
16-0604/NA. U.S. v. David W. Welch. CCA
201500184.
No. 16-0606/AR. U.S.
v. Gregory G. Dixon. CCA
20140619.
Miscellaneous Docket
- Summary Dispositions
No.
16-0543/AF. Justin L. Fetrow, Petitioner v. Anthony J. Cotton, Major General, U.S.
Air Force, Commander, 20th Air Force, and Erica C. Nelson, Colonel, U.S. Army,
Commandant, United States Disciplinary Barracks, Respondents. 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.
16-0155/AF. U.S. v. Nehral Albert R. Maliwat. CCA 38579. On consideration
of Appellant's motion to file an additional supplement to the petition for grant
of review, it is ordered that said motion is hereby granted. Appellee may file an answer to the additional supplement to
the petition for grant of review no later than 20 days from the date of this
order.
No. 16-0499/AR. U.S.
v. Michael J. Moody. CCA
20121083. Appellant's motion to attach appendix is
granted.
Mandates
Issued
No.
16-0007/AF. U.S. v. Calyx E. Harrell. CCA
38538.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, July 15,
2016
Petitions for Grant
of Review Filed
No.
16-0660/AF. U.S. v. Andre K. Lewis. CCA 38671.
No. 16-0661/AR. U.S.
v. Ricardo Paulemon. CCA
20130745.
No. 16-0662/MC. U.S.
v. Emilio R. Moran. CCA
201500380.
Interlocutory
Orders
No. 16-0635/AR. U.S.
v. Laith G. Cox. CCA
20130923. Appellant's second motion to extend time to file the supplement
to the petition for grant of review granted to July 25,
2016.
No.
16-0660/AF. U.S. v. Andre K. Lewis. CCA 38671. Appellant's motion
to extend time to file the supplement to the petition for grant of review
granted to August 4, 2016.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday, July 14,
2016
Petitions for Grant
of Review Filed
No.
16-0656/CG. U.S. v. James V. Rankin. CCA
1416.
No.
16-0657/CG. U.S. v. Tyler A. Banks. CCA
1411.
No. 16-0658/AR. U.S.
v. Tyler F. Ho. CCA 20140068.
No. 16-0659/AR. U.S.
v. David R. Sanders. CCA
2015025.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday, July 13,
2016
Petitions for Grant
of Review Denied
No. 16-0526/AR. U.S.
v. Ki Y. Chung. CCA
20150194.
No. 16-0531/AR. U.S.
v. Maria L. Caay. CCA
20150066.
No. 16-0535/AR. U.S.
v. Shareef S. Abdullah. CCA
20150151.
No. 16-0540/AR. U.S.
v. Michael D. Johnson. CCA
20140972.
No. 16-0556/AR. U.S.
v. Nicholas D. Thames. CCA
20150662.
No. 16-0566/AR. U.S.
v. Wesley V. Eaton. CCA
20130298.
No. 16-0580/AR. U.S.
v. Tyler H. Wise. CCA
20150252.
No. 16-0585/AR. U.S.
v. James D. Holeman. CCA
20150207.
Miscellaneous Docket
- Summary Dispositions
No. 16-0654/AR. Eric
M. Denet, Petitioner v. United States, Respondent.
CCA
9102697. Notice is hereby given that a pleading styled as "Motion to
Reinstate Appellate Rights and/or Out of Time Appeal," which this Court
construes as a petition for extraordinary relief, was filed under Rule 27(a) on
June 17, 2016, and placed on the docket this 13th day of July, 2016. On
consideration thereof, it is ordered that said petition is hereby denied.
No. 16-0655/AR.
Thomas W. Coder, Petitioner v. United States, Respondent. Notice is hereby
given that a pleading styled as "Motion," which this Court construes as a
petition for extraordinary relief, was filed under Rule 27(a) on June 22, 2016,
and placed on the docket this date. On consideration thereof, it is ordered that
said petition is hereby dismissed for lack of
jurisdiction.
Interlocutory
Orders
No.
16-0500/AF. U.S. v. Justin L. Fetrow. CCA 38631.
Appellant's motion to supplement the record is denied.
No.
16-0651/AF. U.S. v. Nicole A. Dalmazzi. CCA 38808.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to August 1, 2016.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday, July 12,
2016
Petitions for Grant
of Review Filed
No. 16-0652/AR. U.S.
v. Benjamin C. Mason. CCA
20150010.
No. 16-0653/AR. U.S.
v. Brandon J. Sharp. CCA
20150248.
Petitions for Grant
of Review Denied
No. 16-0539/AR. U.S.
v. H. Cohen Baker. CCA
20140396.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday, July 11,
2016
Petitions for Grant
of Review Filed
No. 16-0650/AR. U.S.
v. Courtney A. Craig. CCA
20150272.
No.
16-0651/AF. U.S. v. Nicole A. Dalmazzi. CCA
38808.
Petitions for Grant
of Review Denied
No. 16-0542/AR. U.S.
v. Tyler L. Sanks. CCA
20130085.
No. 16-0577/AR. U.S.
v. Michael W. Rhoades, Jr. CCA
20150222.
No. 16-0584/AR. U.S.
v. Gerald E. Nelson. CCA
20140404.
No.
16-0622/AF. U.S. v. Travis B. Yates. CCA
38889.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday, July 8,
2016
Petitions for Grant
of Review Filed
No. 16-0648/MC. U.S.
v. Nigil L. Smith. CCA
201500361.
No. 16-0649/AR. U.S.
v. Fritzharry L. Nostrates. CCA
20150395.
Mandates
Issued
No. 16-0398/MC. EV v. U.S. and David A. Martinez. CCA
201600057.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday, July 7,
2016
Petitions for Grant
of Review Filed
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.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday, July 6,
2016
Petitions for Grant
of Review Filed
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. 16-0644/AR. U.S.
v. Christopher D. Lay. CCA
20150759.
Petitions for Grant
of Review Denied
No. 16-0476/AR. U.S.
v. Roy S. Tripp. CCA
20130683.
No.
16-0504/AF. U.S. v. Ethan L. Telford. CCA
38691.
Interlocutory
Orders
No. 16-0642/AR. U.S.
v. Douglas L. Williams. CCA
20130522. Appellant's motion to extend time to file the supplement to the
petition for grant of review granted to July 26, 2015.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday, July 5,
2016
Petitions for Grant
of Review Filed
No. 16-0641/AR. U.S.
v. Ian T. Miller. CCA
20150170.
Petitions for Grant
of Review Denied
No. 16-0567/AR. U.S.
v. Daehyouk Kwon. CCA
20150631.
No. 16-0568/AR. U.S.
v. James W. Hughes III. CCA
20150279.
No. 16-0573/MC. U.S.
v. Sean T. Eldred. CCA
201500357.
No. 16-0574/AR. U.S.
v. Martin P. Garcia III. CCA
20140718.
No. 16-0576/AR. U.S.
v. Lamar J. Parker, Jr. CCA
20150460.
Mandates
Issued
No. 15-0754 &
16-0122 /MC. U.S. v. Beau T. Martin. CCA
201400315.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday, July 1,
2016
Petitions for Grant
of Review Denied
No. 16-0522/AR. U.S.
v. Christopher A. Delgado. CCA
20140854.
No. 16-0559/AR. U.S.
v. John G. Lemon. CCA
20150417.
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