UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
April 28, 2017
Petitions for Grant of Review Filed
No. 17-0381/AF. U.S. v. Corey J. Campbell.
CCA 38875.
No. 17-0382/AF. U.S. v. Sean M. Oliver.
CCA 38858.
No. 17-0383/AR. U.S. v. Aaron W. Long. CCA 20150337.
Orders Granting Petition for Review
No. 17-0208/CG. U.S. v. John C. Riesbeck.
CCA 1374. 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 specified by the Court:
I.
WHETHER THE MEMBERS OF APPELLANT'S
COURT-MARTIAL PANEL WERE PROPERLY SELECTED.
II.
WHETHER APPELLANT WAS DEPRIVED OF A FAIR TRIAL, OR THE APPEARANCE OF A FAIR
TRIAL, WHERE A MAJORITY OF THE PANEL MEMBERS WERE FORMER VICTIM ADVOCATES AND
THE MILITARY JUDGE DENIED A CHALLENGE FOR CAUSE AGAINST ONE OF THEM.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA 38839. On consideration of Rule 43A, Rules of Practice and
Procedure, it is ordered that the mandate in the above captioned case be issued
forthwith.
No. 17-0327/AF. U.S. v. Joshua Katso. CCA 38005. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to May 10, 2017.
No. 17-0376/AR. U.S. v. Torie
A. Cash.
CCA
20150484. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to May 17, 2017.
No. 17-0377/AR. U.S. v. Casey A. Phillips. CCA 20150373. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to May 17, 2017.
No. 17-0378/NA. U.S. v. Darrell T.
Peterson. CCA 201500340. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 17, 2017.
No. 17-0380/AR. U.S. v. Bianca L. Koth. CCA 20150179. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to May 17, 2017.
Mandates Issued
No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA 38839.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
April 27, 2017
Petitions for Grant of Review Filed
No. 17-0375/AR. U.S. v. David C. Robinson. CCA 20150120.
No. 17-0376/AR. U.S. v. Torie
A. Cash.
CCA
20150484.
No. 17-0377/AR. U.S. v. Casey A. Phillips. CCA 20150373.
No. 17-0378/NA. U.S. v. Darrell T.
Peterson. CCA 201500340.
No. 17-0379/AF. U.S. v. Gabriel J. Ross.
CCA 38974.
No. 17-0380/AR. U.S. v. Bianca L. Koth. CCA 20150179.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. 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, and the decision of the United States Navy-Marine Corps
Court of Criminal Appeals is affirmed.*
* It is noted that the military judge
neglected to seal the transcript of the MRE 513
hearing and some of the associated pleadings, contrary to the requirements of MRE 513(e)(5). Accordingly, the
Clerk is directed to seal MRE 513 matters (pages
26-47 and 57-61 and AE V and VIII of the record of trial).
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
April 26, 2017
Petitions for Grant of Review Filed
No. 17-0374/AR. U.S. v. Anthony C. Toney. CCA 20150565.
Petitions Withdrawn
No. 17-0257/AR. U.S. v. Daren L. Humphrey. CCA 20160518. Appellant's
motion to withdraw the petition for grant of review granted.
Interlocutory Orders
No. 17-0235/AR. U.S. v. Joshua P. Maez. CCA 20150810. On
consideration of Appellant's motion to file a corrected copy of matters
pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is
ordered that said motion is hereby granted.
No.
17-0307/AR. Robert B. Bergdahl, Appellant v. Jeffrey
R. Nance, Colonel, J.A. Military Judge, and United
States, Appellees. CCA 20170114. Appellant's motion
to correct erratum is granted.
No. 17-0369/AF. U.S. v. Michael R. Hassell. CCA 38903. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 15, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
April 25, 2017
Petitions for Grant of Review Filed
No. 17-0373/AR. U.S. v. David M. Ozoskey. CCA 20160085.
Petitions for Grant of Review Denied
No. 17-0272/AF. U.S. v. Sean J. Chero. CCA 38470.
Hearings
No. 17-0143/CG. U.S. v. Ernest M. Ramos.
CCA 1418.
No. 17-0055/AR. U.S. v. Mitchell L. Brantley. CCA 20150199.
No. 17-0049/MC. U.S. v. Tanner J. Forrester. CCA 201500295.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
April 24, 2017
Petitions for Grant of Review Filed
No. 17-0368/NA. U.S. v. David B. Olson.
CCA
201600025.
No. 17-0369/AF. U.S. v. Michael R. Hassell. CCA 38903.
No. 17-0370/AR. U.S. v. Adam G. Koenig. CCA 20150225.
No. 17-0371/AR. U.S. v. David I. Martinez. CCA 20160084.
No. 17-0372/AR. U.S. v. Lawrence E. Gore. CCA 20160275.
Interlocutory Orders
No. 17-0282/AF. U.S. v. Michael R. Lightsey. CCA 38851. Appellant's motion to substitute a corrected
supplement to the petition for grant of review granted.
No. 17-0363/AR. U.S. v. David Garman. CCA 20150164. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to May 9, 2017.
No. 17-0364/AF. U.S. v. Tyler G. Eppes. CCA 38881. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 11, 2017.
No. 17-0365/AF. U.S. v. Drew D. Parenteau-Hefner. CCA 38884. Appellant's
motion to file the supplement to the petition for grant of review granted to
May 11, 2017.
No. 17-0367/NA. U.S. v. Russell Coble.
CCA
201600130. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to May 11, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
April 21, 2017
Petitions for Grant of Review Filed
No. 17-0362/AF. U.S. v. Willie J. Holt
III. CCA 38890.
No. 17-0363/AR. U.S. v. David Garman. CCA 20150164.
No. 17-0364/AF. U.S. v. Tyler G. Eppes. CCA 38881.
No. 17-0365/AF. U.S. v. Drew D. Parenteau-Hefner. CCA 38884.
No. 17-0367/NA. U.S. v. Russell Coble.
CCA
201600130.
Miscellaneous Docket - Filings
No. 17-0366/AR. U.S. v. Ronald E.V.
Layton.
CCA
20160756. Notice is hereby given that a writ-appeal petition for review
of the decision of the United States Army Court of Criminal Appeals on
application for extraordinary relief in the form of a writ of habeas corpus was
filed under Rule 27(b) on this date.
Miscellaneous Docket - Summary
Dispositions
No. 17-0315/NA. Jeremy E. Hassett, Appellant
v. United States, Appellee. CCA 201600118. On consideration of the writ-appeal
petition, it is ordered that said writ-appeal petition is hereby denied.
Interlocutory Orders
No. 17-0187/AR. U.S. v. Brian G. Short. CCA 20150320. Appellant's
motion to extend time to file a brief granted to April 27, 2017.
No. 17-0231/AR. U.S. v. Torrence
A. Robinson.
CCA
20140785. Appellant's motion to extend time to file a brief granted to
May 12, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
April 20, 2017
Petitions for Grant of Review Filed
No. 17-0361/MC. U.S. v. Walter J. Wagers III. CCA 201600180.
Petitions for Grant of Review Denied
No. 17-0273/AF. U.S. v. Matthew C. Hudson.
CCA 38846.
Orders Granting Petition for Review
No. 17-0265/CG. U.S. v. Colby C. Bailey. CCA 1428. 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.
UPON REQUEST BY THE DEFENSE COUNSEL AND
USING A DEFENSE-DRAFTED INSTRUCTION, SHOULD THE MILITARY JUDGE HAVE PROVIDED THE MEMBERS WITH AN EXPLANATION OF THE TERM
"INCAPABLE"?
II. WHETHER THE
DECISION OF THE UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS IS
AMBIGUOUS AS TO WHETHER THE AFFIRMED SENTENCE INCLUDED FORFEITURE OF ALL PAY
AND ALLOWANCES.
Briefs
will be filed under Rule 25 on Issue I only.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
April 18, 2017
Petitions for Grant of Review Filed
No. 17-0359/AF. U.S. v. Alexander C.
Norwood. CCA 39015.
No. 17-0360/AF. U.S. v. Donald W. Cox.
CCA 38885.
Interlocutory Orders
No. 17-0148/AF. U.S. v. Stephan H.
Claxton. CCA 38188. Appellant's motion to unseal exhibit and identity of
the confidential informant is denied.
No. 17-0148/AF. U.S. v. Stephan H.
Claxton. CCA 38188. Appellee's motion to
submit a supplemental joint appendix is granted.
No. 17-0192/AR. U.S. v. Jermaine C. Sampson. CCA 20140841. On
consideration of Appellant's motion to amend matters pursuant to United
States v. Grostefon, 12 M.J.
431 (C.M.A. 1982), it is ordered that said motion is
hereby granted.
No. 17-0356/AF. U.S. v. Devin J. Vanhise. CCA 38882. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 8, 2017.
No. 17-0357/AF. U.S. v. Daniel V. Roblero. CCA 38874. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 8, 2017.
No. 17-0360/AF. U.S. v. Donald W. Cox.
CCA 38885.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to May 8, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
April 17, 2017
Petitions for Grant of Review Filed
No. 17-0355/AR. U.S. v. Jose L. Cuellar. CCA 20150375.
No. 17-0356/AF. U.S. v. Devin J. Vanhise. CCA 38882.
No. 17-0357/AF. U.S. v. Daniel V. Roblero. CCA 38874.
No. 17-0358/MC. U.S. v. Johnathan
S. Arthurton. CCA 201600228.
Petitions for Grant of Review Denied
No. 17-0236/AF. U.S. v. Warren R. Bressler, Sr. CCA 38660.
No. 17-0277/AR. U.S. v. Joseph R. Thurman. CCA 20160482.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
April 14, 2017
Petitions for Grant of Review Filed
No. 17-0351/CG. U.S. v. Christopher C.
Burke. CCA 1431.
No. 17-0352/NA. U.S. v. Matthew R.
Beltran. CCA 201500270.
No. 17-0353/AR. U.S. v. Jeremy C. Bardin. CCA 20150378.
No. 17-0354/AR. U.S. v. Mack R. Goss III. CCA 20150024.
Orders Granting Petition for Review
No. 17-0199/AF. U.S. v. Ricky D. Chisum,
Jr. CCA S32311. 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 MILITARY JUDGE'S FAILURE TO CONDUCT AN IN CAMERA REVIEW OF AND FAILURE TO
DISCLOSE THE MENTAL HEALTH RECORDS OF AB AK AND AB CR DEPRIVED APPELLANT OF HIS
RIGHT TO CONFRONT THE SOLE WITNESSES AGAINST HIM IN VIOLATION OF THE SIXTH
AMENDMENT TO THE CONSTITUTION.
Briefs
will be filed under Rule 25.
No. 17-0224/AR. U.S.
v. Jorge F. Acevedo. CCA 20150076. 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
JUDGE BURTON'S MILITARY COMMISSION, BUT SEE UNITED STATES v. ORTIZ,
NO. 16-0671/AF (C.A.A.F. 9 FEB. 2017).
II.
WHETHER,
AS AN APPOINTED JUDGE OF THE CMCR, JUDGE BURTON WAS
NOT AN APPELLATE MILITARY JUDGE UNDER THE UCMJ, BUT SEE
UNITED STATES v. ORTIZ, NO. 16-0671/AF.
III. WHETHER THE
ASSIGNMENT OF INFERIOR OFFICERS AND PRINCIPAL OFFICERS TO A SINGLE JUDICIAL
TRIBUNAL VIOLATED THE APPOINTMENTS CLAUSE, BUT SEE UNITED STATES v. ORTIZ,
NO. 16-0671/AF.
IV.
WHETHER THE EVIDENCE IS LEGALLY INSUFFICIENT TO SUPPORT A CHARGE OF KIDNAPPING
BY INVEIGLEMENT.
Briefs
will be filed under Rule 25 on Issue IV only.
Interlocutory Orders
No. 17-0262/AR. U.S. v. Charles Maston. CCA 20140537. Appellant's
motion to file the supplement to the petition for grant out of time is granted.
No. 17-0347/AF. U.S. v. Robert L. Honea
III. CCA 38905. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 2, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
April 13, 2017
Petitions for Grant of Review Filed
No. 17-0350/AR. U.S. v. Leroy A. Greene. CCA 20150228.
Petitions for Grant of Review Denied
No. 17-0154/AF. U.S. v. Jonathan L. Roe.
CCA
S32322.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
April 12, 2017
Petitions for Grant of Review Filed
No. 17-0347/AF. U.S. v. Robert L. Honea
III. CCA 38905.
No. 17-0348/AR. U.S.
v. Keimara N. Brooks. CCA 20160715.
No.
17-0349/AR. U.S. v. Kahlan Maki. CCA 20150210.
Miscellaneous Docket - Summary
Dispositions
No. 17-0310/AF. Joshua Katso, Petitioner v.
Christopher F. Burne, Lieutenant General, United
States Air Force, in his official capacity as Judge Advocate General of the
United States Air Force, and Katherine E. Oler, Colonel, United States Air
Force, in her official capacity as Chief of the United States Air Force Government
Trial and Appellate Counsel Division, Respondents. CCA 38005. On consideration of the petition for extraordinary
relief in the nature of a petition for writ of prohibition, it is ordered that
said petition is hereby denied.
Interlocutory Orders
No. 16-0712/AR. U.S. v. James G. Donohue. CCA 20140124. Appellant's
motion for leave to file a petition for reconsideration out of time of this
Court's order issued October 28, 2016 is hereby denied.
No. 17-0162/NA. U.S. v. Keith E. Barry.
CCA
201500064. Appellant's motion for leave to file issues pursuant to United
States v. Grostefon, 12 M.J.
431 (C.M.A 1982), is granted.
No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. On
consideration of the motion filed by Protect Our Defenders to file an amicus curiae brief out of time in support of
the petition, it is ordered that said motion is hereby granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
April 11, 2017
Petitions for Grant of Review Filed
No. 17-0344/AF. U.S. v. Anthony L. Jones.
CCA
S32343.
No. 17-0345/AR. U.S. v. Rinard
A. Orage. CCA 20150682.
No. 17-0346/AF. U.S. v. Thomas E. Parks,
Jr. CCA 38867.
Petitions for Grant of Review Denied
No. 17-0217/CG. U.S. v. Mario Tamayo.
CCA 1425.
No. 17-0279/AF. U.S. v. Craig A. Bonnett II. CCA S32345.
Orders Granting Petition for Review
No. 17-0222/AF. U.S. v. Yogendra
Rambharose. CCA 38769. 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 MILITARY JUDGE ABUSED HER DISCRETION BY
GRANTING THE GOVERNMENT'S MOTION TO USE EVIDENCE OF CHARGED SEXUAL MISCONDUCT
UNDER M.R.E. 413 TO SHOW PROPENSITY TO COMMIT OTHER
CHARGED SEXUAL MISCONDUCT. See UNITED STATES v. HILLS, 75 M.J. 350 (C.A.A.F.
2016).
No
briefs will be filed under Rule 25.
Interlocutory Orders
No. 17-0084/AR. U.S. v. James N. Costigan. CCA 20150052. Appellee's motion to file a supplemental joint appendix
granted.
No. 17-0287/NA. U.S. v. Andrew A. Sholtes. CCA 201500230. Appellant's second motion to extend time to file
the supplement to the petition for grant of review granted to April 20, 2017.
No. 17-0342/AR. U.S. v. Thomas D. Rodgers. CCA 20150706. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to May 1, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
April 10, 2017
Petitions for Grant of Review Filed
No. 17-0342/AR. U.S. v. Thomas D. Rodgers. CCA 20150706.
No. 17-0343/AR. U.S. v. Jeffrey N. Bravo. CCA 20140318.
Appeals - Summary Dispositions
No. 17-0278/AR. U.S.
v. Ronald E.V. Layton. CCA 20160756. On consideration of the Docketing Notice
issued March 7, 2017, in the above-referenced case, it is ordered that said
Docketing Notice is hereby vacated.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
April 7, 2017
Petitions for Grant of Review Filed
No. 17-0337/AR. U.S. v. Dontae
D. Stanford.
CCA
20150745.
No. 17-0338/AR. U.S. v. Matthew S. Dejesus. CCA 20150666.
No. 17-0339/AR. U.S. v. Bradley S. McMullen. CCA 20150588.
No. 17-0340/AR. U.S. v. Khristian
Mairena. CCA 20160327.
No. 17-0341/AR. U.S. v. Vincent P. Degregori
III.
CCA
20150581.
Mandates Issued
No. 16-0418/NA. U.S. v. Jeffrey D. Sager.
CCA
201400356.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
April 6, 2017
Petitions for Grant of Review Filed
No. 17-0334/AF. U.S. v. Gonzalo A. Carnio-Navarro. CCA S32340.
No. 17-0335/AF. U.S. v. Alexander J. Rowe.
CCA 38880.
No. 17-0336/NA. U.S. v. Jeremy R. Fogle. CCA 201600310.
Petitions for Grant of Review Denied
No. 17-0268/AF. U.S. v. Brian L. Walters.
CCA
2016-12.
Interlocutory Orders
No. 17-0290/AF. U.S. v. Andrew I. Lutcza. CCA 2016-13. Appellant's second motion to extend time to file
the supplement to the petition for grant of review granted to April 21, 2017.
No. 17-0291/NA. U.S. v. Darin G. Lopez.
CCA
201400373. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to April 21, 2017.
No. 17-0306/AF. U.S. v. Joseph A. Pugh.
CCA
2016-11. Appellant's second motion to extend time to file the supplement
to the petition for grant of review granted to April 27, 2017.
Mandates Issued
No. 16-0487/AR. U.S. v. Mario I. Lopez. CCA 20140973.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
April 5, 2017
Hearings
No. 16-0599/AR. U.S. v. Jared D. Herrmann. CCA 20131064.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
April 4, 2017
Petitions for Grant of Review Filed
No. 17-0333/AR. U.S. v. Arturo A. Tafoya. CCA 20140798.
Petitions for Grant of Review Denied
No. 17-0264/AR. U.S. v. Cory R. Hickerson. CCA 20150797.
Interlocutory Orders
No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 20150010. Appellant's second motion to extend time to file
a brief is granted to April 4, 2017.
No. 17-0322/MC. U.S. v. Christopher Clugston. CCA 201500326. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 20, 2017.
No. 17-0327/AF. United States,
Appellant/Cross-Appellee v. Joshua Katso, Appellee/Cross-Appellant.
CCA 38005.
Appellee/Cross-Appellant's motion to extend time to file the supplement to the
petition for grant of review granted to May 1, 2017.
No. 17-0331/AF. U.S. v. Markus A. Milner.
CCA
S32338. Appellant's motion to extend time to file the supplement to the
petition for grant of review granted to April 24, 2017.
Hearings
No. 17-0153/AR. U.S. v. Edward J. Mitchell
II.
CCA 20150776.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
April 3, 2017
Petitions for Grant of Review Filed
No. 17-0327/AF. U.S. v. Joshua Katso. CCA 38005.
No. 17-0328/AF. U.S. v. Adam C. Link.
CCA
S32382.
No. 17-0330/AR. U.S. v. Corey J. Robinson. CCA 20150088.
No. 17-0331/AF. U.S. v. Markus A. Milner.
CCA
S32338.
No. 17-0332/AF. U.S. v. James A. Kester. CCA 38911.
Certificates for Review Filed
No. 17-0329/AR. U.S.
v. Randy L. Simpson Jr. CCA 20140126. Notice is hereby given that a certificate for
review of the decision of the United States Army Court of Criminal Appeals was
filed under Rule 22 on this date on the following issue:
WHETHER
THE ARMY COURT OF CRIMINAL APPEALS ERRED BY FINDING A SUBSTANTIAL BASIS IN LAW
AND FACT TO QUESTION APPELLANT'S PLEA IN LIGHT OF THE SUPREME COURT DECISION IN
UNITED STATES v. SHAW, 137 S.CT. 462 (2016),
AND THE COURT OF APPEALS FOR THE ARMED FORCES DECISION IN UNITED STATES v. CIMBALL-SHARPTON, 73 M.J. 299
(C.A.A.F. 2014).
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
May1, 2017.
Orders Granting Petition for Review
No. 17-0253/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,
IN A COURT-MARTIAL TRIED BY MILITARY JUDGE ALONE, THE MILITARY JUDGE ABUSED HIS
DISCRETION BY GRANTING THE GOVERNMENT'S MOTION TO USE THE CHARGED SEXUAL
MISCONDUCT FOR MILITARY RULE OF EVIDENCE 413 PURPOSES TO PROVE PROPENSITY TO
COMMIT THE CHARGED SEXUAL MISCONDUCT IN LIGHT OF UNITED STATES v. HILLS
AND THAT ERROR WAS NOT HARMLESS BEYOND A REASONABLE DOUBT.
No
briefs will be filed under Rule 25.
Mandates Issued
No. 16-0391/MC. U.S. v. Emmanuel Q. Bartee. CCA 201500037.
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