UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 29, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0089/AR. U.S. v. Cristian Sanchez. CCA 20160611.

No. 18-0090/AR. U.S. v. Douglas E. Reynolds, Jr. CCA 20140856.

No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530.

 

Interlocutory Orders

 

No. 18-0088/AR. U.S. v. Dorianta Beauford. CCA 20150696. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 17, 2018.

 

Mandates Issued

 

No. 17-0183/AR. U.S. v. Alan S. Guardado. CCA 20140014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 28, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0088/AR. U.S. v. Dorianta Beauford. CCA 20150696.

 

Petitions for Grant of Review Denied

 

No. 18-0058/AR. U.S. v. John T. Cowan. CCA 20160031.

 

Mandates Issued

 

No. 17-0408/AR. United States, Appellant. v. Erik P. Jacobsen, Appellee. CCA 20160786.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 27, 2017

 

Interlocutory Orders

 

No. 18-0080/AR. U.S. v. Frederick K. Dixon. CCA 20160098. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 10, 2018.

 

No. 18-0081/AR. U.S. v. Cezar M. Lazcano. CCA 20150354. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 10, 2018.

 

No. 18-0082/AR. U.S. v. Kendrick A. Woolsey. CCA 20150432. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 10, 2018.

 

No. 18-0083/AR. U.S. v. Zachariah A. Braswell. CCA 20150596. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 10, 2018.

 

No. 18-0084/AR. U.S. v. Kellan D. Mark. CCA 20160101. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 10, 2018.

 

No. 18-0085/AF. U.S. v. Bryant H. Preston. CCA 38996. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 11, 2018.

 

No. 18-0086/MC. U.S. v. Eddie F. Acuna. CCA 201700168. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 11, 2018.

 

No. 18-0087/AF. U.S. v. Jonathan P. Robertson. CCA 39061. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 11, 2018.

 

NOTICES

 

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582.

No. 17-0405/AF. U.S. v. Sean C. Mooney. CCA 38929.

No. 17-0476/AF. U.S. v. David C. Carpenter II. CCA 38995.

 

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 Walter T. Cox III to perform judicial duties in the above-referenced cases, and that Senior Judge Cox has consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2012).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 22, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0085/AF. U.S. v. Bryant H. Preston. CCA 38996.

No. 18-0086/MC. U.S. v. Eddie F. Acuna. CCA 201700166.

No. 18-0087/AF. U.S. v. Jonathan P. Robertson. CCA 39061.

 

Petitions for Grant of Review Denied

 

No. 18-0051/MC. U.S. v. Charles A. Titman. CCA 201600368.

No. 18-0053/AF. U.S. v. Richard J. Campbell. CCA 39036.

No. 18-0054/AF. U.S. v. Steven T. Potter. CCA 39128.

 

Interlocutory Orders

 

No. 18-0064/AF. U.S. v. Brandon J. Allen. CCA 39043. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to January 5, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 21, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0078/AR. U.S. v. Joseph S. Brannan. CCA 20170049.

No. 18-0079/AR. U.S. v. Jared S. Gamble. CCA 20160735.

No. 18-0080/AR. U.S. v. Frederick K. Dixon. CCA 20160098.

No. 18-0081/AR. U.S. v. Cezar M. Lazcano. CCA 20150354.

No. 18-0082/AR. U.S. v. Kendrick A. Woolsey. CCA 20150432.

No. 18-0083/AR. U.S. v. Zachariah A. Braswell. CCA 20150596.

No. 18-0084/AR. U.S. v. Kellan D. Mark. CCA 20160101.

 

Interlocutory Orders

 

No. 18-0002/AR. U.S. v. Elmer F. Hoffman III. CCA 20140172. Appellant's motion to offer matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 20, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0076/NA. U.S. v. Howard P. Thomas. CCA 201600438.

No. 18-0077/AR. U.S. v. Immanuel E. Martinez. CCA 20150540.

 

Petitions for Grant of Review Denied

 

No. 18-0031/NA. U.S. v. Marvin C. Dias. CCA 201500177.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0537/MC. United States, Appellant v. James A. Hale III, Appellee. CCA 201600015. On further consideration of Appellant's certificate for review and the briefs of the parties, it is ordered that no answer is provided to the certified issue because to do so would require issuing an advisory opinion, that the hearing notice issued by the Court on October 20, 2017, setting argument in this case for January 9, 2018, is hereby vacated, and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.

 

Orders Granting Petition for Review

 

No. 17-0559/AR. U.S. v. Eric F. Kelly. CCA 20150725. On further consideration of the record, it is ordered that the petition for grant of review is granted on the following additional issue specified by the Court:

 

IN LIGHT OF THIS COURT'S DECISIONS IN UNITED STATES V. SEWELL, 76 M.J. 14 (C.A.A.F. 2017) AND UNITED STATES V. PABELONA, 76 M.J. 9 (C.A.A.F. 2017) DID THE LOWER COURT ERR WHEN IT DETERMINED THE STANDARD OF REVIEW WAS WAIVED WHEN THERE WAS NO OBJECTION TO IMPROPER ARGUMENT?

 

No briefs will be filed under Rule 25.

 

No. 17-0605/AR. U.S. v. Erik J. Burris. CCA 20150047. 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:

 

CITING RULES FOR COURTS-MARTIAL 905(e) AND 919(c), THE ARMY COURT HELD THAT THE FAILURE OF APPELLANT'S TRIAL DEFENSE COUNSEL TO OBJECT TO IMPROPER CHARACTER EVIDENCE AND IMPROPER ARGUMENT WAIVED ANY ERROR. THIS COURT, HOWEVER, TREATS SUCH FAILURES AS FORFEITURE AND TESTS FOR PLAIN ERROR. WHICH COURT IS RIGHT?

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 19, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0599/AR. U.S. v. Clint A. Lorance. CCA 20130679.

 

Interlocutory Orders

 

No. 18-0014/AF. U.S. v. Evan G. Smith. CCA 38943. Appellee's motion to dismiss the petition for grant of review is granted without prejudice to Appellant's right to raise the matters asserted during the course of normal appellate review.

 

No. 18-0075/AF. U.S. v. Kacey M. Bailey. CCA S32389. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 8, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 18, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0075/AF. U.S. v. Kacey M. Bailey. CCA S32389.

 

Petitions for Grant of Review Denied

 

No. 17-0580/AF. U.S. v. Edward T. Hudson. CCA 37249.

No. 18-0009/AF. U.S. v. Richard A. Coleman. CCA 39021.

No. 18-0019/AR. U.S. v. Hayden B. Shepard. CCA 20150700.

No. 18-0046/AR. U.S. v. Felix M. Mariani. CCA 20160375.

No. 18-0047/AR. U.S. v. Richard G. Rummings. CCA 20150811.

 

Interlocutory Orders

 

No. 17-0608/AR. U.S. v. Randy E. Jones. CCA 20150370. In view of the Court's selection of the above-captioned case to be heard as part of Project Outreach at the School of Law, The University of Texas at Austin on April 4, 2018, the Court invites the filing of amicus curiae briefs in support of the Appellant and 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 March 21, 2018.

 

No. 18-0073/NA. U.S. v. Sean L. Motsenbocker. CCA 201600285. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 4, 2018.

 

Mandates Issued

 

No. 17-0265/CG. U.S. v. Colby C. Bailey. CCA 1428.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 15, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0073/NA. U.S. v. Sean L. Motsenbocker. CCA 201600285.

No. 18-0074/AR. U.S. v. Jonathan D. Moten. CCA 20170080.

 

Petitions for Grant of Review Denied

 

No. 18-0039/AR. U.S. v. Maurice A. Turner. CCA 20160009.

No. 18-0044/AF. U.S. v. Rashaad D. Mickens. CCA S32396.

No. 18-0045/AF. U.S. v. Hunter J. Denny. CCA 39089.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 14, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0070/AR. U.S. v. Artemis M. Ludgood. CCA 20160788.

No. 18-0071/AR. U.S. v. Eric T. Pfeiffer, Jr. CCA 20170218.

No. 18-0072/MC. U.S. v. Kevin J. Delaney. CCA 201700108.

 

Interlocutory Orders

 

No. 18-0057/AF. U.S. v. Steven J. Bailey. CCA 39052. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 18-0072/MC. U.S. v. Kevin J. Delaney. CCA 201700108. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 3, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 13, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0068/AR. U.S. v. Noricole Y. Hanson. CCA 20160646.

No. 18-0069/AR. U.S. v. Christopher C. Christian. CCA 20170450.

 

Petitions for Grant of Review Denied

 

No. 17-0571/AR. U.S. v. Erik J. Carter. CCA 20150592.

No. 18-0020/AR. U.S. v. Darwynn D. Palmer. CCA 20150646.

 

Interlocutory Orders

 

No. 17-0610/AF. U.S. v. Matthew Thomas. CCA 38977. Appellant's motion to dispense with the requirement of a joint appendix requirement for brief in support of the petition for new trial is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 12, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0576/AR. U.S. v. Adonis L. Fitzpatrick. CCA 20140725.

No. 17-0602/MC. U.S. v. James L. Plagmann. CCA 201600396.

No. 17-0612/CG. U.S. v. Charles P. Greulich. CCA 1437.

No. 18-0035/AR. U.S. v. Uriel S. Garcia. CCA 20160463.

No. 18-0041/NA. U.S. v. Brian C. Christopher. CCA 201600084.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 18-0042/AR. U.S. v. Michael A. Knopik. CCA 20160811. 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 directed that the decision of the United States Army Court of Criminal Appeals be corrected to reflect Appellant's middle initial as "A" vice "E."

 

Interlocutory Orders

 

No. 17-0556/AR. U.S. v. Joseph R. Armstrong. CCA 20150424. Appellee's motion to file a supplemental joint appendix is granted.

 

No. 17-0571/AR. U.S. v. Erik J. Carter. CCA 20150592. Appellee's motion to file a 10-day letter out of time is denied.

 

No. 17-0599/AR. U.S. v. Clint A. Lorance. CCA 20130679. On consideration of the motions to file amicus curiae briefs in support of the petition for grant of review filed by David G. Bolgiano, Esq., and John G. Taylor, Esq., it is ordered that the motions are denied.

 

No. 17-0608/AR. U.S. v. Randy E. Jones. CCA 20150370. Appellant's motion to extend time to file a brief granted to December 27, 2017.

 

No. 18-0037/AF. U.S. v. Cody D. Bond. CCA 38934. Appellant's motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 18-0067/AF. U.S. v. Todd J. Ferrando. CCA 39039. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 2, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 11, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0067/AF. U.S. v. Todd J. Ferrando. CCA 39039.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 7, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0065/AR. U.S. v. Miche C. Gibbs. CCA 20160325.

No. 18-0066/AR. U.S. v. Adam T. Linares. CCA 20160762.

 

Petitions for Grant of Review Denied

 

No. 17-0614/AR. U.S. v. Dale Gagnon. CCA 20130210.

No. 18-0015/AF. U.S. v. Nehral Albert R. Maliwat. CCA 38579.

No. 18-0024/AR. U.S. v. Ryan C. Hopkins. CCA 20160397.

 

Interlocutory Orders

 

No. 18-0036/AF. U.S. v. Danreddy L. Jalos. CCA 39138. Appellant's motion to withdraw the petition for grant of review is granted.

 

Court Closure

 

By order of the Chief Judge, the United States Court of Appeals for the Armed Forces will be closed all day on Tuesday, December 26, 2017. For purposes of computation of time and motions to enlarge time under the Court's Rules of Practice and Procedure, December 26, 2017, 2017, will be considered a day when the Court is closed.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 6, 2017

 

Interlocutory Orders

 

No. 18-0039/AR. U.S. v. Maurice A. Turner. CCA 20160009. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 18-0040/AR. U.S. v. Jeffery T. Page. CCA 20150505. Appellant's third motion to extend time to file the supplement to the petition for grant of review granted to December 22, 2017.

 

No. 18-0055/AR. U.S. v. Robert Bales. CCA 20130743. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to December 27, 2017.

 

No. 18-0064/AF. U.S. v. Brandon J. Allen. CCA 39043. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 26, 2017.

 

Hearings

 

No. 17-0347/AF. U.S. v. Robert L. Honea III. CCA 38905.

No. 17-0171/CG. U.S. v. Koda M. Harpole. CCA 1420.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 5, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0064/AF. U.S. v. Brandon J. Allen. CCA 39043.

 

Interlocutory Orders

 

No. 17-0236/AF. U.S. v. Warren R. Bressler, Sr. CCA 38660. On consideration of Appellant's motion to file a petition for reconsideration out of time, motion for the appointment of a conflict free counsel, and motion to correct court records and update name of Appellant, it is ordered that the motions are hereby denied.

 

Hearings

 

No. 17-0326/AF. U.S. v. Joshua Katso. CCA 38005.

No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 4, 2017

 

Petitions for Grant of Review Filed

 

No. 18-0063/AR. U.S. v. John W. Loniak. CCA 20150835.

 

Petitions for Grant of Review Denied

 

No. 17-0540/MC. U.S. v. Rigo J. Betancourt. CCA 201500400.

No. 18-0008/MC. U.S. v. Shaun M. Wiley. CCA 201600120.

No. 18-0033/AR. U.S. v. Marion L. Edwards III. CCA 20170222.

 

Interlocutory Orders

 

No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. On consideration of Appellant's motion to file a motion under seal and the sealed motion, it is ordered that the motion to file a motion under seal is hereby granted, and the sealed motion is hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 1, 2017

 

Petitions for Grant of Review Denied

 

No. 18-0030/AR. U.S. v. Raymond P. Pasay. CCA 20140930.

 

Interlocutory Orders

 

No. 17-0610/AF. U.S. v. Matthew Thomas. CCA 38977. Appellant's motion to extend time to file a brief in support of a petition for new trial granted to December 11, 2017.

 

No. 18-0060/AR. U.S. v. Daniel A. Romero. CCA 20150139. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 18, 2017.



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