UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 31, 2017
Petitions for Grant of Review Filed
No. 17-0576/AR. U.S. v. Adonis L. Fitzpatrick. CCA 20140725.
No. 17-0577/AR. U.S. v. Roberto J. Madrigal. CCA 20160683.
No. 17-0578/AF. U.S. v. Prachit V. Parikh. CCA S32381.
Petitions for Grant of Review Denied
No. 17-0316/AR. U.S. v. William L. Mitcham. CCA 20140969.
No. 17-0496/MC. U.S. v. Mark A. Levrie. CCA 201500375.
No. 17-0511/MC. U.S. v. Frank A. Dellacamera
III.
CCA
201600230.
No. 17-0516/AR. U.S. v. Robier
Ramon.
CCA
20150564.
No. 17-0517/AR. U.S. v. Stanley J. McClain. CCA 20160303.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0443/AF. U.S. v. Brandon M. Hardee. CCA S32360. On consideration of the
petition for grant of review of the decision of the United States Air Force
Court of Criminal Appeals, we note that in affirming the sentence, the Court of
Criminal Appeals stated that Appellant's approved sentence included a
"forfeiture of $1301.00 pay per month for six months," when in fact
the sentence included a forfeiture of $1031.00 pay per month for six months.
Accordingly, it is ordered that said petition is hereby granted and the
decision of the United States Air Force Court of Criminal Appeals is affirmed
as to findings and to only so much of the sentence as provides for confinement
for six months, forfeiture of $1031.00 pay per month for six months, reduction
to E-1, and a bad-conduct discharge.
Orders Granting Petition for Review
No. 17-0482/AF. U.S. v. Kenneth W. Frank, Jr. CCA 38854. 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 TSGT MA SHOULD HAVE BEEN
DISMISSED FROM THE COURT-MARTIAL PANEL FOR IMPLIED BIAS.
II.
WHETHER THE MILITARY JUDGE ERRED IN ADMITTING EVIDENCE OF MISCONDUCT THAT WAS
CHARGED AND LATER DISMISSED FOR LACK OF EVIDENCE UNDER MILITARY RULE OF
EVIDENCE 413 AND PROVIDING THE STANDARD MILITARY RULE OF EVIDENCE 413 INSTRUCTION.
Briefs
will be filed under Rule 25.
No. 17-0495/MC. U.S.
v. Benjamin D. Luna. CCA 201500423. 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:
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRONEOUSLY APPLIED THE
STANDARD FOR ASSESSING PREJUDICE AFTER FINDING CONSTITUTIONAL ERROR BASED ON UNITED
STATES v. HILLS, 75 M.J. 350 (C.A.A.F.
2016).
No
briefs will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
August 30, 2017
Interlocutory Orders
No. 17-0482/AF. U.S. v. Kenneth W. Frank,
Jr. CCA 38854. Appellant's motion to attach
documents is denied.
No. 17-0570/NA. U.S. v. Joseph A. Lancina. CCA 20160242. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 18, 2017.
No. 17-0571/AR. U.S. v. Erik J. Carter. CCA 20150592. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 18, 2017.
No.
17-0572/AR. U.S. v. Emilio J. Schelmetty.
CCA
20150488. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to September 18, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 29, 2017
Petitions for Grant of Review Filed
No. 17-0569/MC. U.S. v. Reginald A. Patterson. CCA 201600189.
No. 17-0570/NA. U.S. v. Joseph A. Lancina. CCA 20160242.
No. 17-0571/AR. U.S. v. Erik J. Carter. CCA 20150592.
No. 17-0572/AR. U.S. v. Emilio J. Schelmetty. CCA 20150488.
No. 17-0573/MC. U.S. v. Brandon J. Griffith. CCA 201600385.
No. 17-0575/AR. U.S. v. Marcus C. Daniels. CCA 20140538.
Petitions for Grant of Review Denied
No. 17-0438/AR. U.S. v. Thomas C. Flesher. CCA 20110449.
No. 17-0448/AR. U.S. v. Eric M. Miles. CCA 20150415.
No. 17-0513/AR. U.S. v. Benjamin S. Moffitt. CCA 20160186.
No. 17-0533/AR. U.S. v. Jarrett D. Brooks. CCA 20160556.
No. 17-0535/AR. U.S. v. Payton K. Cork. CCA 20160674.
Miscellaneous Docket - Filings
No. 17-0574/NA. Jeremy E. Hassett,
Appellant v. United States, Appellee. CCA 201600118.
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.
Orders Granting Petition for Review
No. 17-0404/AF. U.S. v. Vashaun
M. Blanks. CCA 38891. 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:
IN
LIGHT OF THIS COURT'S DECISION IN UNITED STATES v. HAVERTY,
76 M.J. 199 (C.A.A.F.
2017), DID THE MILITARY JUDGE ERR WHEN HE INSTRUCTED THE MEMBERS APPELLANT
COULD BE CONVICTED OF NEGLIGENT DERELICTION OF DUTY?
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's
motion to extend time to file a reply brief granted to September 8, 2017.
No. 17-0563/AR. U.S. v. Jonathan Martinez. CCA 20150474. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 18, 2017.
No. 17-0564/NA. U.S. v. Manuel L. Garcia.
CCA
201700064. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to September 18, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 28, 2017
Petitions for Grant of Review Filed
No. 17-0563/AR. U.S. v. Jonathan Martinez. CCA 20150474.
No. 17-0564/NA. U.S. v. Manuel L. Garcia.
CCA
201700064.
No. 17-0565/AR. U.S. v. David V. Ortiz, Jr. CCA 20160530.
No. 17-0566/NA. U.S. v. Joseph A. Kerbein. CCA 201700126.
No. 17-0567/AR. U.S. v. Brian M. Andrews. CCA 20160542.
No. 17-0568/AR. U.S. v. Jason A. Close. CCA 20140984.
Petitions for Grant of Review Denied
No. 17-0522/AR. U.S. v. Kyle T. Buss. CCA 20150834.
No. 17-0524/AR. U.S. v. Jeremy A. Neeley. CCA 20160365.
No. 17-0526/AF. U.S. v. Ricardo S.
Barbary. CCA 38941.
No. 17-0527/AF. U.S. v. William B.C. Kyle.
CCA
S32411.
No. 17-0530/AF. U.S. v. Taylor L. Johnson.
CCA 39016.
No. 17-0532/AR. U.S. v. Tristan D. Nicholson. CCA 20160317.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 25, 2017
Petitions for Grant of Review Filed
No. 17-0562/AR. U.S. v. Shawn T. Pierce. CCA
20160412.
Petitions for Grant of Review Denied
No. 17-0418/AF. U.S. v. Todd A. Miller.
CCA 38922.
No. 17-0473/AR. U.S. v. Joseph K. Felton. CCA
20150510.
No. 17-0512/AR. U.S. v. Jonathan J. Hines. CCA
20140890.
Interlocutory Orders
No. 17-0507/AR. U.S. v. Orval W. Gould, Jr. CCA 20120727. Appellee's motion to
extend time to file a brief granted to September 21, 2017.
No. 17-0541/NA. U.S. v. John M. Peeler.
CCA 8601781. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to September 8,
2017.
No. 17-0560/AR. U.S. v. Kory D. Mann. CCA
20160335. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to September 13, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 24, 2017
Petitions for Grant of Review Filed
No. 17-0560/AR. U.S. v. Kory D. Mann. CCA 20160335.
No. 17-0561/AF. U.S. v. Jonathan B. Stump,
Jr. CCA 39081.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
August 23, 2017
Petitions for Grant of Review Filed
No. 17-0559/AR. U.S. v. Eric F. Kelly. CCA 20150725.
Interlocutory Orders
No. 17-0517/AR. U.S. v. Stanley J. McClain. CCA 20160303. Appellant's
motion to attach is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 22, 2017
Petitions for Grant of Review Filed
No. 17-0557/AF. U.S. v. Matthew L.
Copeland. CCA 39102.
No. 17-0558/AR. U.S. v. Marantha
Leitfi. CCA 20160678.
Petitions for Grant of Review Denied
No. 17-0515/AR. U.S. v. Joshua M. Snow. CCA 20150481.
No. 17-0519/AF. U.S. v. Daniel A. Duran.
CCA
S32407.
Interlocutory Orders
No. 17-0553/AF. U.S. v. Ryan A. Hardy.
CCA 38937.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to September 7, 2017.
No. 17-0556/AR. U.S. v. Joseph R. Armstrong. CCA 20150424. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 5, 2017.
Mandates Issued
No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 201500010.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 21, 2017
Petitions for Grant of Review Filed
No. 17-0554/AR. U.S. v. Marlin P. Shupp,
Jr. CCA 20160079.
No. 17-0555/AF. U.S. v. Tyler E. Czyz. CCA S32456.
No. 17-0556/AR. U.S. v. Joseph R. Armstrong. CCA 20150424.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 18, 2017
Petitions for Grant of Review Filed
No. 17-0553/AF. U.S. v. Ryan A. Hardy.
CCA 38937.
Petitions for Grant of Review Denied
No. 17-0327/AF. United States,
Appellant/Cross-Appellee v. Joshua Katso, Appellee/Cross-Appellant. CCA 38005.
No. 17-0429/AF. U.S. v. Clarence Anderson
III. CCA 39023.
Orders Granting Petition for Review
No. 17-0480/NA. U.S. v. Raiden J. Andrews. CCA 201600208. 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:
THE
LOWER COURT FOUND SEVERE PROSECUTORIAL MISCONDUCT. THEN IT AFFIRMED THE
FINDINGS AND SENTENCE, GIVING ITS IMPRIMATUR TO THE PROSECUTORIAL MISCONDUCT IN
APPELLANT'S CASE. DID THE LOWER COURT ERR?
Briefs
will be filed under Rule 25.
No. 17-0504/AF. U.S. v. Hank W. Robinson. CCA 38942. 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 MILITARY JUDGE ABUSED HIS
DISCRETION BY FAILING TO SUPPRESS EVIDENCE OBTAINED FROM APPELLANT'S CELL
PHONE.
II.
WHETHER THE AIR FORCE COURT ERRED IN HOLDING APPELLANT WAIVED OBJECTIONS
REGARDING INVESTIGATORS' EXCEEDING THE SCOPE OF APPELLANT'S CONSENT.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 17, 2017
Petitions for Grant of Review Filed
No. 17-0551/AF. U.S. v. Thomas E. Barker.
CCA 39086.
No. 17-0552/AR. U.S. v. Timothy Lewis III. CCA 20150640.
Petitions for Grant of Review Denied
No. 17-0444/AF. U.S. v. James R. Stortz. CCA S32377.
No. 17-0457/AF. U.S. v. Derrick M. Hacker.
CCA 38972.
No. 17-0466/AF. U.S. v. Ryan A. Campbell.
CCA 38906.
No. 17-0492/AR. U.S. v. William G. Inman. CCA 20150042.
No. 17-0503/AF. U.S. v. Benjamin A. Doerr. CCA 38963.
No. 17-0505/AF. U.S. v. Tefera M. Workneh. CCA 38928.
Interlocutory Orders
No. 17-0326/17-0327/AF. United
States, Appellant/Cross-Appellee v. Joshua Katso, Appellee/Cross-Appellant.
CCA 38005.
On consideration of Appellee/Cross-Appellant's motion
to supplement the record and motion to compel discovery, it is ordered that
said motions pertaining to the above referenced docket numbers are hereby
denied.
No. 17-0502/17-0525/ United States, Petitioner v. Ronald
Gray, Respondent.
CCA
20160775. On consideration of the motion filed by Shawn Nolan, Esq.,
Jonathan Jeffress, Esq., and Timothy Kane, Esq., for
leave to appear pro hac vice, it is ordered that said
motion pertaining to the above referenced docket numbers is hereby granted.*
* Judge
Ohlson is recused and did not participate in this
case.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
August 16, 2017
Orders Granting Petition for Review
No. 17-0456/AF. U.S. v. Alexander S. Wheeler. CCA 38908. 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 LOWER COURT ERRONEOUSLY CONCLUDED CHARGE II WAS NOT PREEMPTED BY ARTICLE
120b, UCMJ, 10 U.S.C. §
920.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 17-0429/AF. U.S. v. Clarence Anderson
III. CCA 39023. Appellant's motion to disclose pleadings containing
sealed material pursuant to R.C.M. 1103A is denied.
No. 17-0550/AR. U.S. v. Montrell
L. Mayo.
CCA
20140901. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to September 5, 2017.
Petitions for Reconsideration Denied
No. 17-0463/AR. U.S. v. Durell
J. Stewart.
CCA
20160128. Appellant's petition for reconsideration of the Court's order
issued July 17, 2017 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 15, 2017
Petitions for Grant of Review Filed
No. 17-0550/AR. U.S. v. Montrell L. Mayo. CCA
20140901.
Petitions for Grant of Review Denied
No. 17-0393/AF. U.S. v. Collin M. Lee.
CCA 38888.
No. 17-0433/AR. U.S. v. Jeremiah D. Hill. CCA
20150310.
No. 17-0454/AR. U.S. v. Perry J. Byrd. CCA
20160565.
No. 17-0477/AR. U.S. v. Robert J. Carr. CCA 20150529.
No. 17-0481/MC. U.S. v. Cameron B. Miller. CCA 201600392.
No. 17-0500/AR. U.S. v. Anthony C. Entwistle. CCA 20160309.
Interlocutory Orders
No. 17-0492/AR. U.S. v. William G. Inman. CCA 20150042. Appellant's
motion to attach documents is denied.
No.
17-0549/AR. U.S. v. Bryan C. Teed. CCA 20160345. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 5, 2017.
Petitions for Reconsideration Denied
No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 201500010. Appellant's petition for reconsideration of the
Court's decision, 76 M.J. 326 (C.A.A.F. 2017), is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 14, 2017
Petitions for Grant of Review Filed
No. 17-0547/AR. U.S. v. Marcus A. Baca. CCA 20160474.
No. 17-0548/AR. U.S. v. Pierre C.T.
Scott.
CCA
20150157.
No.
17-0549/AR. U.S. v. Bryan C. Teed. CCA 20160345.
Petitions for Grant of Review Denied
No. 17-0356/AF. U.S. v. Devin J. Vanhise. CCA 38882.
No. 17-0382/AF. U.S. v. Sean M. Oliver.
CCA 38858.
No. 17-0440/AF. U.S. v. Joshua D. Hnatiuk. CCA 38923.
No. 17-0471/AR. U.S. v. Terrance B. Wells. CCA 20160211.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 11, 2017
Petitions for Grant of Review Filed
No. 17-0544/AF. U.S. v. Austin J. Mull.
CCA
S32367.
No. 17-0545/MC. U.S. v. Mark A. Thompson. CCA 201300425.
No. 17-0546/AF. U.S. v. Nathaniel L. Penalosa. CCA 38949.
Petitions for Grant of Review Denied
No. 17-0489/AR. U.S. v. Alan T. Wheeler. CCA 20160387.
No. 17-0498/AR. U.S. v. Michelle Santiago-Lopez. CCA 20160315.
No. 17-0499/AR. U.S. v. Trevor M. Williams. CCA 20160170.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 10, 2017
Orders Granting Petition for Review
No. 17-0458/AF. U.S. v. Chad A. Blatney.
CCA
2016-16. 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 SUPPRESSING EVIDENCE OBTAINED FROM
APPELLANT'S CELLULAR PHONE, WHERE LAW ENFORCEMENT REQUESTED THAT APPELLANT ENTER
HIS PASSWORD TWICE TO DECRYPT THE PHONE AND DISABLE SECURITY AFTER HE INVOKED
HIS RIGHT TO COUNSEL.
Pursuant
to Rule 19(a)(7)(A), no further pleadings will be
filed.
Interlocutory Orders
No. 17-0382/AF. U.S. v. Sean M. Oliver.
CCA 38858.
Appellant's motion for leave to file a supplement to the petition for grant of
review that complies with Rule 24(c) but does not comply with Rule 21(b) is
granted.
No. 17-0543/AF. U.S. v. Benjamin C. Todd.
CCA 38988.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to August 29, 2017.
Mandates Issued
No. 17-0139/AR. U.S. v. Justin M. Gurczynski. CCA 20160402.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
August 9, 2017
Petitions for Grant of Review Filed
No. 17-0543/AF. U.S. v. Benjamin C. Todd.
CCA 38988.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 8, 2017
Petitions for Grant of Review Denied
No. 17-0383/AR. U.S. v. Aaron W. Long. CCA 20150337.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 7, 2017
Petitions for Grant of Review Denied
No. 17-0422/AR. U.S. v. Timothy R. Slack. CCA 20150352.
No. 17-0497/AF. U.S. v. Steven R. Bickham, Jr. CCA S32400.
Interlocutory Orders
No. 17-0356/AF. U.S. v. Devin J. Vanhise. CCA 38882. Appellant's motion to supplement the record is
denied.
No. 17-0538/AR. U.S. v. Jeff A. Godfrey. CCA 20150400.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to August 22, 2017.
No. 17-0540/MC. U.S. v. Rigo J.
Betancourt.
CCA
201500400. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to August 24, 2017.
No. 17-0542/AR. U.S. v. Damon Allender. CCA 20160291. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to August 22, 2017.
Petitions for Reconsideration Denied
No. 17-0390/AR. U.S. v. Randal C. Rucker. CCA 20140845. Appellant's
petition for reconsideration of the Court's order issued July 7, 2017 is
denied.
No. 17-0453/AR. U.S. v. Christopher D. Bush. CCA 20150610. Appellant's
petition for reconsideration of the Court's order issued July 14, 2017
is denied.
Mandates Issued
No. 16-0727/AF. U.S. v. James W. Richards
IV. CCA 38346.
No. 17-0143/CG. U.S. v. Ernest M. Ramos.
CCA 1418.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 4, 2017
Petitions for Grant of Review Filed
No. 17-0539/AF. U.S. v. Timothy M. Liebig.
CCA
S32444.
No. 17-0540/MC. U.S. v. Rigo J.
Betancourt.
CCA
201500400.
No. 17-0541/NA. U.S. v. John M. Peeler.
CCA
8601781.
No. 17-0542/AR. U.S. v. Damon Allender. CCA 20160291.
Petitions for Grant of Review Denied
No. 17-0432/CG. U.S. v. Michael A. Heximer. CCA 1434.
No. 17-0451/AR. U.S. v. Isaiah E. Saunders. CCA 20160346.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 3, 2017
Interlocutory Orders
No. 17-0171/CG. U.S. v. Koda M. Harpole. CCA 1420.
On consideration of Appellee's motion for leave to
file a corrected joint appendix, said motion is granted.
No. 17-0347/AF. U.S. v. Robert L. Honea
III. CCA 38905. On consideration of Appellant's consent motion to
unseal Appellant's brief and volume 2 of the joint appendix, said motion is
granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
August 2, 2017
Petitions for Grant of Review Filed
No. 17-0538/AR. U.S. v. Jeff A. Godfrey. CCA 20150400.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 1, 2017
Notice – In Re
October 2017 Term of Court
Article
142 of the Uniform Code of Military Justice, (UCMJ),
10 U.S.C. § 942 (2012), authorizes the appointment of
five judges to serve on the Court. One of the positions is vacant. Unless the
Court issues a notice that a senior judge or an Article III judge will perform
judicial duties, the four judges in active service will perform the functions
of the Court. See Articles 142 and 144, UCMJ, 10 U.S.C. §§ 942 and 944, and U.S.C.A.A.F.
Rule 6(a).
NOTICES
No. 17-0049/MC. U.S. v. Tanner J. Forrester. CCA 201500295. In view of
the existence of a vacant position on the Court, notice is hereby given that
the Chief Judge has called upon Senior Judge Charles E. Erdmann to perform
judicial duties in the above-referenced case, and that Senior Judge Erdmann has
consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. § 942(e)(1)(A)(ii) (2012).
No. 17-0153/AR. U.S. v. Edward. J. Mitchell II. CCA 20150776.
In view of the existence of a vacant
position on the Court, notice is hereby given that the Chief Judge has called upon
Senior Judge Charles E. Erdmann to perform judicial duties in the
above-referenced case, and that Senior Judge Erdmann has consented to perform
judicial duties in said case under Article 142(e)(1)(A)(ii),
Uniform Code of Military Justice, 10 U.S.C. § 942(e)(1)(A)(ii)
(2012).
Mandates Issued
No. 16-0599/AR. U.S. v. Jared D. Herrmann. CCA 20131064.
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