UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 30, 2016
Petitions for Grant of Review Filed
No. 16-0760/AR. U.S. v. Shareef
S. Abdullah.
CCA
20150079.
No. 16-0761/AR. U.S. v. Jacob I. McGowan. CCA 20150807.
No. 16-0762/AR. U.S. v. Tommie E. Crumedy. CCA 20140128.
No. 16-0763/AR. U.S. v. Zachariah P. Morrison. CCA 20160138.
Petitions for Grant of Review Denied
No. 16-0562/MC. U.S. v. Jeramy
L. Whitley.
CCA
201500060.
No. 16-0631/AR. U.S. v. Richard T. Manriquez. CCA 20140893.
No. 16-0692/AR. U.S. v. Shaykhiem
Griffin.
CCA
20150805.
No. 16-0709/AR. U.S. v. Michael C. Dennehe. CCA 20140253.
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 -
Summary Dispositions
No. 16-0697/AR. U.S.
v. Douglas E. Reynolds, Jr. CCA 20140856. 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
on the following issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY GRANTING THE GOVERNMENT'S MOTION TO
USE CHARGED SEXUAL MISCONDUCT FOR MILITARY RULE OF EVIDENCE 413 PURPOSES TO
PROVE PROPENSITY TO COMMIT OTHER CHARGED MISCONDUCT.
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. 350 (C.A.A.F.
2016).
Miscellaneous Docket - Summary
Dispositions
No. 16-0690/AF. Steven M. Chapman, Appellant v. United
States, Appellee. CCA 2016-07. On
consideration of the writ-appeal petition, Appellee's
answer to the writ-appeal petition, and Appellant's reply to Appellee's answer, it is ordered that said petition is
hereby dismissed for lack of jurisdiction.
No.
16-0726/AR. United States, Petitioner v. United States Army Court of Criminal
Appeals, Respondent and Calvin R. Gibbs, Real Party In Interest. CCA 20110998.
On consideration of the petition for extraordinary relief in the nature of a
writ of prohibition and the motion to stay proceedings, it is ordered that
said petition is hereby denied, and said motion is hereby denied as moot.
No. 16-0738/AR. Alexander Loya,
Petitioner v. United States, Respondent. CCA 20160428. 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.
Orders Granting Petition for Review
No. 16-0579/AF. U.S. v. William P. Smith, Jr. CCA 38728. 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,
BY INSTRUCTING THE MEMBERS THAT THEY LACK THE POWER OF JURY NULLIFICATION, THE
MILITARY JUDGE ERRED AND MATERIALLY PREJUDICED APPELLANT'S RIGHT TO BE TRIED BY
A PANEL VESTED WITH ITS FULL PREROGATIVE.
No
briefs will be filed under Rule 25.
No. 16-0674/AF. U.S. v. James M. Kmet.
CCA 38755. 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
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.
No. 16-0693/AR. U.S.
v. Marcos A. Bustamante. CCA 20150486. 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 on the following issues:
I.
WHETHER JUDGE HERRING AND JUDGE BURTON, WHO CURRENTLY SIT ON THE CMCR, ARE STATUTORILY AUTHORIZED TO ALSO SIT ON THE ACCA.
II.
WHETHER JUDGE HERRING AND JUDGE BURTON'S SIMULTANEOUS SERVICE ON BOTH THE CMCR AND ACCA VIOLATES THE
APPOINTMENTS CLAUSE OF THE CONSTITUTION.
No
briefs will be filed under Rule 25.
No. 16-0720/AR. U.S. v.
Robert S. Echols. CCA 20160126. 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 on the following issues:
I.
WHETHER CMCR JUDGE JAMES HERRING IS STATUTORILY
AUTHORIZED TO SIT ON THE ARMY CCA.
II.
WHETHER JUDGE JAMES HERRING'S SERVICE ON BOTH THE CMCR
AND ARMY CCA VIOLATES THE APPOINTMENTS CLAUSE.
No
briefs will be filed under Rule 25.
Interlocutory Orders
No. 16-0455/AF. U.S. v. Trentlee D. McClour. CCA 38704.
Appellee's motion to attach is hereby granted.
No. 16-0641/AR. U.S. v. Ian T. Miller. CCA 20150170. On
consideration of Appellant's motion to consider additional assignment of error
out of time, it is ordered that said motion is hereby granted. Appellee may file an answer to the additional assignment of
error on or before October 20, 2016.
No. 16-0652/AR. U.S. v. Benjamin C. Mason. CCA 20150010. On
consideration of Appellant's motion for leave to file a petition for reconsideration
out of time, it is ordered that said motion is hereby granted, and that
said petition for reconsideration is hereby denied.
UNITED STATES COURT
OF APPEALS
FOR THE ARMED FORCES
ANNOUNCEMENT OF THE
CUMULATIVE SUMMARY OF
WORKLOAD STATISTICS
FOR THE SEPTEMBER
2015 TERM OF COURT
*
I. CUMULATIVE PENDING SEPTEMBER 1, 2015
Master Docket
17
Petition Docket 80
Miscellaneous Docket 0
TOTAL
97
II. CUMULATIVE
FILINGS
Master Docket 70
Petition Docket 719
Miscellaneous Docket 37
TOTAL 826
III. CUMULATIVE
DISPOSITIONS
Master Docket 57
Petition Docket 727
Miscellaneous Docket 34
TOTAL 818
IV.
CUMULATIVE PENDING OCTOBER 1, 2016
Master Docket 30
Petition Docket 72
Miscellaneous Docket 3
TOTAL 105
* September 1, 2015 – September 30, 2016
V. CASES ON MASTER DOCKET CARRIED OVER TO
THE
OCTOBER 2016 TERM OF COURT (30)
16-0214/NA PABELONA
16-0229/AF BOWEN
16-0267/AR WILSON
16-0296/AF DOCKERY
16-0301/AR NIETO
16-0306/AR DAVIS
16-0336/CG GOMEZ
16-0360/AR SEWELL
16-0391/MC BARTEE
16-0407/AR SWIFT
16-0418/NA SAGER
16-0423/AR HAVERTY
16-0424/MC ROSARIO
16-0455/AF McCLOUR
16-0482/AF TAYLOR
16-0484/AF OLIVER
16-0487/AR LOPEZ
16-0497/MC TSO
16-0500/AF FETROW
16-0530/AF SHEA
16-0546/AF BOYCE
16-0555/AR COMMISSO
16-0565/MC NICKENS
16-0579/AF SMITH
16-0611/AF PRICE
16-0651/AF DALMAZZI
16-0674/AF KMET
16-0693/AR BUSTAMANTE
16-0714/AR BROWN
16-0720/AR ECHOLS
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 28, 2016
Petitions for Grant of Review Filed
No. 16-0758/AR. U.S. v. Jesse M. Taylor. CCA 20150158.
No. 16-0759/AR. U.S. v. Karina Flores-Santos. CCA 20140066.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 27, 2016
Petitions for Grant
of Review Denied
No. 16-0713/AR. U.S. v. Samuel E. Nealy
III.
CCA
20140029.
Interlocutory Orders
No. 16-0711/AF. U.S. v. Michael J.D. Briggs.
CCA 38730.
Appellant's third motion to extend time to file the supplement to the petition
for grant of review granted up to and including September 30, 2016. Absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 16-0727/AF. U.S. v. James W. Richards
IV. CCA 38346. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to October 11, 2016.
No. 16-0741/AR. U.S. v. Nicholas A. Piszcz. CCA 20140842. Appellee's motion to extend time to file an answer to the
supplement to the petition for grant of review granted to November 7, 2016.
No. 16-0745/AR. U.S. v. Andrew D. Griffith. CCA 20150195. Appellee's motion to extend time to file an answer to the
supplement to the petition for grant of review granted to November 7, 2016.
No. 16-0748/NA. U.S. v. David W. Neiman.
CCA
201500119. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to October 17, 2016.
No. 16-0751/AR. U.S. v. D'Andre
R. Fletcher.
CCA
20140949. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to October 14, 2016.
No. 16-0752/AR. U.S. v. Christopher B. Hines. CCA 20131049. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 11, 2016.
No. 16-0753/AR. U.S. v. Taylor A. Layton. CCA 20150260. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 17, 2016.
No. 16-0754/AR. U.S. v. Arthur Martin, Jr. CCA 20130207. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to October 17, 2016.
No. 16-0757/AR. U.S. v. Trevor L. Sands. CCA 20130946. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 14, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 26, 2016
Petitions for Grant of Review Filed
No. 16-0748/NA. U.S. v. David W. Neiman.
CCA
201500119.
No. 16-0749/AR. U.S. v. Richard S. Carroll. CCA 20150049.
No. 16-0750/NA. U.S. v. Patricia D.
Martinez. CCA 201600069.
No. 16-0751/AR. U.S. v. D'Andre
R. Fletcher.
CCA
20140949.
No. 16-0752/AR. U.S. v. Christopher B. Hines. CCA 20131049.
No. 16-0753/AR. U.S. v. Taylor A. Layton. CCA 20150260.
No. 16-0754/AR. U.S. v. Arthur Martin, Jr. CCA 20130207.
No. 16-0755/AF. U.S. v. Juan M.M. Silva.
CCA
S32316.
No. 16-0756/AF. U.S. v. Timothy J. Morgan.
CCA 38825.
No. 16-0757/AR. U.S. v. Trevor L. Sands. CCA 20130946.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 23, 2016
Petitions for Grant of Review Filed
No. 16-0747/MC. U.S. v. Brandon J. Johnson-Jordan. CCA 201500174.
Petitions for Grant of Review Denied
No. 16-0708/AR. U.S. v. Leshan
Jones.
CCA
20140925.
No. 16-0710/AR. U.S. v. David M. Tompkins. CCA 20140788.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 22, 2016
Petitions for Grant of Review Filed
No. 16-0746/AR. U.S. v. Ryan W. Rochford. CCA 20140565.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 21, 2016
Petitions for Grant
of Review Filed
No. 16-0745/AR. U.S. v. Andrew D. Griffith. CCA 20150195.
Petitions for Grant
of Review Denied
No. 16-0703/AF. U.S. v. Jeremy A. Wisehart. CCA S32280.
Orders Granting
Petition for Review
No. 16-0487/AR. U.S.
v. Mario I. Lopez. CCA 20140943. 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
on the following issue specified by the Court:
WHETHER
THE MILITARY JUDGE ERRED BY ADMITTING THE TESTIMONY OF APPELLANT'S WIFE, MRS.
CL, WHO TESTIFIED THAT APPELLANT'S APOLOGY TO HIS STEPSON MEANT THAT APPELLANT
WAS "LOOSELY ADMITTING GUILT" TO CRIMINAL CONDUCT, AND BY ALSO ADMITTING THE
TESTIMONY OF MS. NM, WHO TESTIFIED THAT APPELLANT "HAD PROBABLY RAPED" HIS WIFE
BECAUSE MRS. CL HAD RECENTLY RESEARCHED "SPOUSAL RAPE" ON THE INTERNET.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 16-0660/AF. U.S. v. Andre K. Lewis. CCA 38671.
Appellee's motion to dismiss the petition is
denied, and Appellant's motion for leave to submit issues pursuant to United
States v. Grostefon, 12 M.J.
431 (C.M.A. 1982), is granted.
No. 16-0719/AR. U.S. v. John G. Birdsong. CCA 20140887. Appellee's motion
to extend time to file an answer to the supplement to the petition for grant of
review granted to November 7, 2016.
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, it is ordered that Lieutenant Colonel Shaun S.
Speranza, U.S. Air Force, is hereby appointed as a member of the Rules Advisory
Committee, effective this date, to replace Colonel Peter W. Teller, U.S. Air
Force, who has retired. Lieutenant
Colonel Speranza's term will expire on September 30,
2017.
The Court wishes to express its
appreciation to Colonel Teller for his service as a member of the Rules
Advisory Committee.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 20, 2016
Petitions for Grant of Review Filed
No. 16-0744/AR. U.S. v. Edmourd
P. Touchette. CCA 20150439.
Petitions for Grant of Review -
Summary Dispositions
No. 16-0704/AR. U.S.
v. Dwight Harris, Jr. CCA 20131045. 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
on the following issue:
WHETHER,
IN LIGHT OF UNITED STATES v. HILLS, 75 M.J.
350 (C.A.A.F. 2016), THE MILITARY JUDGE ERRED IN
APPLYING MRE 414 TO CHARGED CONDUCT TO SHOW
APPELLANT'S PROPENSITY TO COMMIT THE CHARGED CONDUCT.
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.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 19, 2016
Petitions for Grant of Review Filed
No. 16-0743/AR. U.S. v. Lionel P. Scott. CCA 20150595.
Petitions for Grant of Review Denied
No. 16-0695/AF. U.S. v. Robert T.
McCormick. CCA 38743.
No. 16-0699/AR. U.S. v. Corneilus
W. Morton, Jr. CCA 20150411.
No. 16-0701/AR. U.S. v. Mikal
I. Blount.
CCA
20150748.
No. 16-0702/AR. U.S. v. Nicole L. Askew. CCA 20150795.
Interlocutory Orders
No. 16-0740/AR. U.S. v. Samuel A. Wright. CCA 20130296. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 6, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 16, 2016
Petitions for Grant of Review Filed
No. 16-0740/AR. U.S. v. Samuel A. Wright. CCA 20130296.
No. 16-0741/AR. U.S. v. Nicholas A. Piszcz. CCA 20140842.
No. 16-0742/MC. U.S. v. Nathan M. Villarreal. CCA 201500399.
Miscellaneous Docket - Summary
Dispositions
No. 16-0700/NA. Dwight D. Roberts,
Appellant v. United States, Appellee. CCA 201600119.
On consideration of the writ-appeal petition, it is ordered that said petition
is hereby denied without prejudice.
Orders Granting Petition for Review
No. 16-0484/AF. U.S. v. Christopher L. Oliver. CCA 38481. 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 re-drafted issue:
WHETHER WRONGFUL SEXUAL CONTACT WAS A
LESSER-INCLUDED OFFENSE OF ABUSIVE SEXUAL
CONTACT.
Briefs will be filed under Rule 25.
No. 16-0530/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, it is
ordered that said petition is hereby granted on the following issues:
I. WHETHER THE COURT OF CRIMINAL APPEALS ERRED ON REMAND WHEN, OVER APPELLANT'S
TIMELY OBJECTION, THIS CASE WAS ASSIGNED TO A PANEL THAT DID NOT INCLUDE ALL
THREE OF THE JUDGES FROM THE ORIGINAL DECISION.
II. WHETHER A REASONABLE OBSERVER WOULD QUESTION THE IMPARTIALITY OR
INDEPENDENCE OF THE COURT OF CRIMINAL APPEALS AFTER WITNESSING THE REMOVAL OF
JUDGE HECKER FROM THIS CASE ON REMAND FOLLOWING THE
GOVERNMENT'S ALLEGATIONS THAT HER IMPARTIALITY HAS BEEN IMPAIRED BY THE
DECISION OF THE JUDGE ADVOCATE GENERAL, WHO IS HIMSELF PART OF THE GOVERNMENT,
TO ASSIGN HER TO PERFORM NON-JUDICIAL ADDITIONAL DUTIES WITHIN THE GOVERNMENT.
Briefs will be filed under Rule 25.
No. 16-0611/AF. U.S. v. Richard K.
Price, Jr. CCA S32330. 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 said petition is hereby granted on the
following issue:
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY FORCING APPELLANT TO ADMIT TO MISCONDUCT
GREATER THAN WAS NECESSARY FOR A PROVIDENT PLEA.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244. On consideration of Appellant's motion to
supplement 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 on or before
October 6, 2016.
No. 16-0229/AF. U.S. v. Ellwood T. Bowen.
CCA 38616.
In view of the Court's selection of the above-captioned case to be heard as
part of Project Outreach at the University of Colorado
Law School on November 1, 2016, the Court invites the filing of amicus curiae briefs in support of the
Appellant and the Appellee by eligible law students
acting under supervising attorneys. See Rules 13A and 26(a)(2), Rules of Practice and Procedure. The briefs shall be
filed on or before October 18, 2016.
No. 16-0497/MC. U.S. v. Reece N. Tso. CCA 201400379. On
consideration of Appellant's motion to supplement 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 on or before October 6, 2016.
No. 16-0641/AR. U.S. v. Ian T. Miller. CCA 20150170. On
consideration of the order issued September 15, 2016, denying the petition for
grant of review in the above-mentioned case, it is ordered that said denial
order is hereby vacated.
No. 16-0588/NA. U.S. v. Adam S. Nelms. CCA 201400369. On consideration of Appellant's motion to
supplement the petition for grant of review and motion to withdraw Appellant's
reply to Appellee's answers to the motion to
supplement the petition for grant of review, it is ordered that said
motions are hereby granted. Appellee may file an
answer to the additional supplement to the petition for grant of review on or
before October 6, 2016.
No. 16-0663/MC. U.S. v. Travis V. Nauta. CCA 201500244. On
consideration of Appellant's motion to supplement the record, motion to
supplement the petition for grant of review and motion to withdraw Appellant's
reply to Appellee's opposition to
Appellant's motion to supplement the petition for grant of review, it is
ordered that said motion to supplement the record is hereby denied, and said
motion to supplement the petition for grant of review and motion to withdraw
Appellant's reply to Appellee's opposition are
hereby granted. Appellee may file an answer to the
additional supplement to the petition for grant of review on or before October
6, 2016.
No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA 38839. On consideration of Appellant's motion for leave 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 on or before October 6, 2016.
No. 16-0678/CG. Thomas J. Randolph, Appellant v. HV., Appellee and United States, Respondent. CCA
001-16. On further consideration of the writ-appeal petition from the
decision of the United States Coast Guard Court of Criminal Appeals rendered
pursuant to Article 6b, Uniform Code of Military Justice, it is ordered that
the Appellant and Appellee submit briefs on the
following specified issue:
WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS JURISDICTION
OVER A WRIT-APPEAL PETITION FILED BY AN ACCUSED WHO IS SEEKING REVIEW OF A
COURT OF CRIMINAL APPEALS' DECISION RENDERED PURSUANT TO ARTICLE 6b(e), UCMJ.
It
is further ordered that the United States be substituted for the military judge
as a party respondent, that the United States submit a brief on Issue II in the
writ-appeal petition and on the issue specified in this Order, that the
Appellate Government and Appellate Defense Divisions of the Army, Navy-Marine
Corps and Air Force are invited to submit amicus
curiae briefs on the issue specified in this Order, that all briefs
mentioned in this Order be filed on or before September 30, 2016, and that oral
argument will be heard on October 11, 2016, as previously scheduled. Appellant,
Appellee, and the United States will each be allotted
20 minutes to present oral argument.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 15, 2016
Petitions for Grant of Review Denied
No. 16-0438/NA. U.S. v. Renato M. Serrano. CCA 201500057.
No. 16-0593/AR. U.S. v. Tischare
D. Walker.
CCA
20160013.
No. 16-0641/AR. U.S. v. Ian T. Miller. CCA 20150170.
No. 16-0677/AR. U.S. v. Jovanni
Pimentel.
CCA
20150361.
No. 16-0683/AR. U.S. v. Tedrick
A. West.
CCA
20140500.
Orders Granting Petition for Review
No. 16-0714/AR. U.S.
v. Mattie L. Brown. CCA 20140346. 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 on the following issues:
I.
WHETHER
ACCEPTANCE OF APPOINTMENT AS A CMCR JUDGE TERMINATED
THE MILITARY COMMISSION OF JUDGE CELTNIEKS.
II.
WHETHER,
AS AN APPOINTED JUDGE OF THE CMCR, JUDGE CELTNIEKS DOES NOT MEET THE UCMJ
DEFINITION OF AN APPELLATE MILITARY JUDGE.
III. WHETHER THE
ASSIGNMENT OF INFERIOR OFFICERS AND PRINCIPAL OFFICERS TO A SINGLE JUDICIAL
TRIBUNAL ITSELF VIOLATES THE APPOINTMENTS CLAUSE.
No
briefs will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 14, 2016
Petitions for Grant of Review Filed
No. 16-0739/AR. U.S. v. Collins Nyangau. CCA 20150495.
Miscellaneous Docket - Filings
No. 16-0738/AR. Alexander Loya,
Petitioner v. United States, Respondent. CCA 20160428. 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,
September 13, 2016
Petitions for Grant
of Review Denied
No. 16-0657/CG. U.S. v. Tyler A. Banks.
CCA 1411
No. 16-0668/AR. U.S. v. Darwin L. Kee. CCA
20140184
Petition Docket – Summary
Dispositions
No. 16-0721/AF. U.S. v. Mark W. Harley.
CCA 38896. On consideration of Appellee's
motion to dismiss the petition for grant of review for lack of jurisdiction,
said motion is granted without prejudice to Appellant's right to file a petition
for grant of review during the normal course of appellate review.
Interlocutory Orders
No. 16-0306/AR. U.S. v. Joshua C. Davis. CCA 20130996. On consideration of Appellant's motion to
reschedule the hearing, said motion is granted.
The hearing notice dated August 26, 2016, is vacated, and it is ordered
that the hearing is hereby rescheduled for January 10, 2017.
No. 16-0548/AR. U.S. v. Sean P. Bright. On consideration of Petitioner's motion for
appropriate relief, said motion is denied.
No. 16-0616/AF. U.S. v. Kelvin L.
O'Shaughnessy. CCA 38732. On
consideration of Appellant's motion for leave to file an additional supplement
to the petition for grant of review, said motion is granted. Appellee may file
an answer to the additional supplement to the petition for grant of review on
or before October 3, 2016.
No. 16-0617/AF. U.S. v. Joseph D. Morchinek. CCA S32291. On
consideration of Appellant's motion for leave to file an additional supplement
to the petition for grant of review, said motion is granted. Appellee may file
an answer to the additional supplement to the petition for grant of review on
or before October 3, 2016.
No. 16-0735/AR. U.S. v. Rhandall
S. Lavasseur, Jr. CCA
20150475. Appellee's motion
to extend time to file an answer to the supplement to the petition for grant of
review granted to November 7, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 12, 2016
Petitions for Grant of Review Filed
No. 16-0735/AR. U.S. v. Rhandall
S. Lavasseur, Jr. CCA
20150475.
No. 16-0736/AR. U.S. v. Kristopher S. Wood. CCA 20150601.
No. 16-0737/AR. U.S. v. Daniel E. Moyano-Fermin. CCA 20140910.
Petitions for Grant of Review Denied
No. 16-0694/AR. U.S. v. Douglas J. Adkins. CCA 20130961.
Interlocutory Orders
No. 16-0438/NA. U.S. v. Renato M. Serrano. CCA 201500057. On
consideration of the motion filed by Major M. Brian Magee 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.
No. 16-0696/AR. U.S. v. William G. Inman. CCA 20150042. Appellee's motion to extend time to file an answer to
Appellant's addendum to the supplement to the petition for grant of review
granted to November 7, 2016.
No. 16-0711/AF. U.S. v. Michael J.D.
Briggs. CCA 38730. 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 27, 2016.
No. 16-0716/AR. U.S. v. Manuel Ortiz III. CCA 20150267. Appellee's motion to extend time to file an answer to the
supplement to the petition for grant of review granted to November 7, 2016.
No. 16-0723/AR. U.S. v. Kyle D. Rich. CCA 20130805. Appellant's motion
to extend time to file the supplement to the petition for grant of review
granted to October 5, 2016.
No. 16-0727/AF. U.S. v. James W. Richards
IV. CCA 38346. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 27, 2016.
No. 16-0729/NA. U.S.
v. Brandon G. Darnell. CCA 20150010. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 29, 2016.
No. 16-0731/AR. U.S. v. Austin
L. Hendrix. CCA 20140476. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 29, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 9, 2016
Petitions for Grant of Review Filed
No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 20150010.
No. 16-0730/AR. U.S. v. David L. Benitez III. CCA 20150509.
No. 16-0731/AR. U.S. v. Austin L. Hendrix. CCA 20140476.
No. 16-0732/AR. U.S. v. Kameron
Coleman.
CCA
20140709.
No. 16-0733/AR. U.S. v. Christopher B. Melvin. CCA 20140761.
No. 16-0734/AR. U.S. v. Christopher R. Gamblin. CCA 20140557.
Petitions for Grant of Review Denied
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.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 7, 2016
Petitions for Grant of Review Filed
No. 16-0727/AF. U.S. v. James W. Richards
IV. CCA 38346.
Petitions for Grant of Review Denied
No. 16-0635/AR. U.S. v. Laith
G. Cox.
CCA
20130923.
No. 16-0682/AF. U.S. v. Chance J.H. Peschard. CCA S32304.
No. 16-0684/AF. U.S. v. Chasaneya K. Jones. CCA S32333.
Miscellaneous Docket - Filings
No. 16-0728/AF. Sebastian P. LaBella,
Appellant v. United States, and United States Air Force Court of Criminal
Appeals, Appellees. CCA 37679. 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
error coram nobis was filed
under Rule 27(b) on this date.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 6, 2016
Petitions for Grant of Review Filed
No. 16-0725/AR. U.S. v. Jacob D. Blakesley. CCA 20150012.
Petitions for Grant of Review Denied
No. 16-0665/AR. U.S. v. Kristopher E. Williams. CCA 20150783.
No. 16-0681/AR. U.S. v. Deonte
M. Singletery. CCA 20140686.
Miscellaneous Docket - Filings
No.
16-0726/AR. United States, Petitioner v. United States Army Court of Criminal
Appeals, Respondent and Calvin R. Gibbs, Real Party In Interest. CCA 20110998.
Notice is hereby given that a petition for extraordinary relief in the nature
of a writ of prohibition and a motion to stay proceedings were filed under Rule
27(a) and Rule 30 on this date.
Interlocutory Orders
No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244. On consideration of the motion filed by Major M.
Brian Magee to withdraw as appellate defense counsel, and the motion filed by
Major Benjamin A. Robles to correct the motion 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
to correct the motion to withdraw as appellate defense counsel is hereby
granted, and the motion filed by Major M. Brian Magee is hereby denied as moot.
No. 16-0391/MC. U.S. v. Emmanuel Q. Bartee. CCA 201500037.
No. 16-0497/MC. U.S. v. Reece N. Tso. CCA 201400379.
No. 16-0586/MC. U.S. v. Nhubu
C. Chikaka. CCA 201400251.
No. 16-0588/NA. U.S. v. Adam S. Nelms. CCA 201400369.
On
consideration of the motions filed by Major M. Brian Magee to withdraw as
appellate defense counsel, it appears that the Judge Advocate General has
assigned other counsel to represent said Appellants and that the new attorney
has assumed the representation of said Appellants. Accordingly, it is ordered
that said motions are hereby granted.
No. 16-0565/MC. U.S. v. Dalton C. Nickens. CCA 201500142. On
consideration of the motion filed by Lieutenant Ryan W. Aikin
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
Friday,
September 2, 2016
Interlocutory Orders
No. 16-0721/AF. U.S. v. Mark W. Harley.
CCA 38896.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to September 19, 2016.
No. 16-0724/AF. U.S. v. Donald R.B. Simmons. CCA 38788. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 21, 2016.
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 2nd day of September, 2016, hereby appointed as
members of the Rules Advisory Committee, effective October 1, 2016:
Professor Steven H. Goldblatt, Chairman, James E. McPherson, Esq., and Michelle
M. Lindo-McCluer, Esq., are hereby reappointed as
members of the Rules Advisory Committee for a term expiring on September 30,
2019.
The following members, whose terms
expire on the dates indicated below, remain on the Rules Advisory Committee:
To expire on September 30, 2017:
Professor Matthew G. Kaiser
Rebecca S. Snyder, Esq.
Colonel Peter W. Teller, U.S. Air
Force
To expire on September 30, 2018:
Dwight H. Sullivan, Esq.
Thomas E. Booth, Esq.
Malcolm Squires, Esq.
William A. DeCicco, Clerk of the
Court, is an ex officio member of the
Committee, and serves as its Reporter.
For
the Court,
/s/ William
A. DeCicco
Clerk
of the Court
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 1, 2016
Petitions for Grant of Review Filed
No. 16-0722/AR. U.S. v. Max S. Maydoney. CCA 20150324.
No. 16-0723/AR. U.S. v. Kyle D. Rich. CCA 20130805.
No. 16-0724/AF. U.S. v. Donald R.B. Simmons. CCA 38788.
Petitions for Grant of Review Denied
No. 16-0679/AR. U.S. v. Miguel A. Aguilar. CCA 20140811.
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