UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 28, 2017
Petitions for Grant of Review Filed
No. 17-0261/AF. U.S. v. Jose H. Gallegos.
CCA 38738.
Petitions for Grant of Review Denied
No. 17-0193/AR. U.S. v. Michael Horton. CCA 20150710.
Hearings
No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939.
No. 17-0035/AR. U.S. v. Jeffry A. Feliciano, Jr. CCA 20140766.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 27, 2017
Petitions for Grant of Review Filed
No. 17-0256/AR. U.S. v. Jason E. Dunham. CCA
20150467.
No. 17-0257/AR. U.S. v. Daren L. Humphrey. CCA
20160518.
No. 17-0258/AR. U.S. v. Keevan D. Tyson. CCA
20160580.
No. 17-0259/AR. U.S. v. Erick A. Medrano. CCA
20140167.
No. 17-0260/AR. U.S. v. Marques D. Entzminger. CCA
20150672.
Petitions for Grant of Review Denied
No. 17-0138/AF. U.S. v. Jason K. Slape.
CCA 38801.
No. 17-0198/AF. U.S. v. Christian F.
Gonzalez-Perez. CCA 39028.
Interlocutory Orders
No. 17-0251/AR. U.S. v. Aaron M. Nies. CCA 20140965. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted.
No. 17-0253/AR. U.S. v. Douglas E. Reynolds, Jr. CCA 20140856. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to March 16, 2017.
No. 17-0254/AR. U.S. v. Michael D. Thompson. CCA 20140974. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to March 16, 2017.
Mandates Issued
No. 16-0229/AF. U.S. v. Ellwood T. Bowen.
CCA 38616.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 24, 2017
Petitions for Grant of Review Filed
No. 17-0253/AR. U.S. v. Douglas E. Reynolds, Jr. CCA 20140856.
No. 17-0254/AR. U.S. v. Michael D. Thompson. CCA 20140974.
No. 17-0255/AF. U.S. v. Joseph R. Fears.
CCA
S32331.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 23, 2017
Petitions for Grant of Review Denied
No. 17-0144/AR. U.S. v. Adam D. Bigelow. CCA 20150349.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 22, 2017
Petitions for Grant of Review Filed
No. 17-0252/AR. U.S. v. Nicholas A. Solt. CCA 20130029.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 21, 2017
Petitions for Grant of Review Filed
No. 17-0250/MC. U.S. v. Thomas M. Carnahan. CCA 201600020.
No. 17-0251/AR. U.S. v. Aaron M. Nies. CCA 20140965.
Petitions for Grant of Review Denied
No. 17-0158/AR. U.S. v. Ronny L. Cade, Jr. CCA 20140325.
No. 17-0161/AR. U.S. v. Marshall D. Drake, Jr. CCA 20130414.
No. 17-0185/AF. U.S. v. Thomas T. Warshaw III. CCA 38907.
Interlocutory Orders
No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. On
consideration of the motion filed by Electronic Frontier Foundation, American
Civil Liberties Union, and ACLU of the District of Columbia for leave to file a
brief as amici
curiae in support of Appellee, and the motions filed by Jamie L. Williams and
Brett Max Kauffman to appear pro hac vice, it is
ordered that said motions are hereby granted.
No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. On
consideration of Appellant's motion to stay the trial proceedings, it is
ordered that said motion is hereby granted. The trial proceedings are hereby
stayed pending further order of the Court.
Mandates Issued
No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244.
No. 16-0360/AR. U.S. v. Todd D. Sewell. CCA 20130460.
No. 16-0678/CG. Thomas J. Randolph, Appellant v. H.V., Appellee and United States,
Respondent. CCA 001-16.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 17, 2017
Petitions for Grant of Review Filed
No. 17-0248/AR. U.S. v. Anthony T. Davenport. CCA
20150322.
No. 17-0249/AR. U.S. v. Olyn V. Lowrey. CCA
20150466.
Petitions for Grant of Review Denied
No. 17-0114/AF. U.S. v. Keoni A.
Chavarria. CCA S32355.
No. 17-0165/AR. U.S. v. Anthony T. Gardner. CCA
20140800.
Interlocutory Orders
No. 16-0727/AF. U.S. v. James W. Richards
IV. CCA 38346. Appellant's motion for leave of
the Court to file an addendum to the joint appendix is granted.
No. 17-0084/AR. U.S. v. James N. Costigan. CCA
20150052. On consideration of Appellant's second motion to extend time
to file a brief, it is ordered that said motion is hereby granted, up to and
including March 10, 2017, and that absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 17-0192/AR. U.S. v. Jermaine C. Sampson. CCA
20140841. On consideration of Appellant's second motion to extend time
to file the supplement to the petition for grant of review, it is ordered that
said motion is hereby granted to March 9, 2017, and that absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 17-0208/CG. U.S. v. John C. Riesbeck.
CCA 1374. On consideration of Appellant's second
motion to extend time to file the supplement to the petition for grant of
review, it is ordered that said motion is hereby granted to February 27, 2017,
and that absent extraordinary circumstances, no further extension of time will
be granted in this case.
No. 17-0237/AR. U.S. v. Andrew M. Viera. CCA
20150487. Appellant's motion to extend time to file the supplement to
the petition for grant of review is granted.
No. 17-0242/AR. U.S. v. Nicholas J. Majetich. CCA
20150085. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to March 8, 2017.
No. 17-0245/AR. U.S. v. Terry J. Ayers. CCA
20160362. Appellant's motion to extend time to file the supplement to
the petition for grant of review is granted to March 8, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 16, 2017
Petitions for Grant of Review Filed
No. 17-0239/AR. U.S. v. Marcus L. Pretlow. CCA 20150220.
No. 17-0240/AR. U.S. v. Stephen B. Perry. CCA 20140904.
No. 17-0241/AR. U.S. v. Shawn E. Earle. CCA 20150184.
No. 17-0242/AR. U.S. v. Nicholas J. Majetich. CCA 20150085.
No. 17-0243/MC. U.S. v. Devin G. Angiolini. CCA 201600014.
No. 17-0244/AR. U.S. v. Joseph Kargbo. CCA 20150011.
No. 17-0245/AR. U.S. v. Terry J. Ayers. CCA 20160362.
No. 17-0246/AR. U.S. v. Trumel
K. Cox.
CCA
20160233.
No. 17-0247/AR. U.S. v. Deandre
J. George.
CCA
20150793.
Petitions for Grant of Review Denied
No. 17-0146/AR. U.S. v. Jason M. Alston. CCA 20140566.
Orders Granting Petition for Review
No. 17-0086/AF. United States, Appellant/Cross-Appellee v. Patrick Carter, Appellee/Cross-Appellant.
CCA 38708. 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.
THE AIR FORCE COURT OF CRIMINAL APPEALS
DISMISSED THE CHARGE AND SPECIFICATIONS IN THIS CASE IN 2013 AND AGAIN IN 2016.
BUT IT EXCEEDED THE EIGHTEEN-MONTH PRESUMPTION OF UNREASONABLE DELAY BEFORE
DOING SO EACH TIME. HAS APPELLEE BEEN DENIED DUE
PROCESS WHERE HE COMPLETED HIS SENTENCE TO THREE YEARS OF CONFINEMENT 158 DAYS
BEFORE THIS COURT AFFIRMED THE LOWER COURT'S FIRST DISMISSAL OF THIS CASE ON
AUGUST 2, 2013?
II. WHETHER APPELLEE'S PROSECUTION FOR CHILD ENDANGERMENT WAS BARRED BY
THE STATUTE OF LIMITATIONS WHERE MORE THAN FIVE YEARS HAD ELAPSED AND APPELLEE WAS NOT BROUGHT TO TRIAL WITHIN 180 DAYS OF THIS
COURT'S AFFIRMANCE OF THE LOWER COURT'S DISMISSAL OF
THAT SPECIFICATION.
III.
WHETHER UNITED STATES COURT OF MILITARY COMMISSION REVIEW JUDGE, MARTIN T.
MITCHELL, WAS STATUTORILY AUTHORIZED TO SIT AS ONE OF THE AIR FORCE COURT OF
CRIMINAL APPEALS JUDGES ON THE PANEL THAT DECIDED APPELLANT'S CASE.
IV.
WHETHER JUDGE MARTIN T. MITCHELL'S SERVICE ON BOTH THE AIR FORCE COURT OF
CRIMINAL APPEALS AND THE UNITED STATES COURT OF MILITARY COMMISSION REVIEW
VIOLATED THE APPOINTMENTS CLAUSE GIVEN HIS STATUS AS A PRINCIPAL OFFICER ON THE
UNITED STATES COURT OF MILITARY COMMISSION REVIEW.
V.
WHETHER JUDGE MARTIN T. MITCHELL WAS IN
FACT A PRINCIPAL OFFICER FOLLOWING HIS APPOINTMENT BY THE PRESIDENT TO THE
UNITED STATES COURT OF MILITARY COMMISSION REVIEW IN LIGHT OF THE PROVISIONS OF
10 U.S.C. § 949b(b)(4)(C) AND (D), AUTHORIZING REASSIGNMENT
OR WITHDRAWAL OF APPPELLATE MILITARY JUDGES SO
APPOINTED BY THE SECRETARY OF DEFENSE OF HIS DESIGNEE.
Briefs
will be filed under Rule 25 on Issues I and II only.
No. 17-0143/CG. U.S. v. Ernest M. Ramos. CCA 1418. 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 issue specified by the Court:
WHETHER
APPELLANT WAS ENTITLED TO ARTICLE 31(b), UCMJ, WARNINGS
AT ANY POINT DURING HIS INTERROGATION BY CGIS, AND IF
SO, WHETHER HE WAS PREJUDICED BY THE ADMISSION OF ANY OF HIS STATEMENTS.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939. On consideration of Appellee's
motion to reschedule oral argument, it is ordered that said motion is hereby
granted, that the Hearing Notice issued February 14, 2017, setting the
above-mentioned case for oral argument is hereby vacated, and that oral argument
for the above-mentioned case will be rescheduled.
No. 17-0035/AR. U.S. v. Jeffry A. Feliciano, Jr. CCA 20140766. Appellee's motion
to reschedule oral argument is hereby denied.
No. 17-0177/AR. U.S. v. Brian K. Jewell II. CCA 20160464. On consideration
of Appellant's motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motion is hereby
granted.
Mandates Issued
No. 16-0336/CG. U.S. v. Omar M. Gomez.
CCA 1394.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 15, 2017
Petitions for Grant of Review Filed
No. 17-0237/AR. U.S. v. Andrew M. Viera. CCA 20150487.
No. 17-0238/AR. U.S. v. Terrance T. Johnson. CCA 20140297.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 14, 2017
Petitions for Grant of Review Filed
No. 17-0236/AF. U.S. v. Warren R. Bressler, Sr. CCA 38660.
Petitions for Grant of Review Denied
No. 17-0088/MC. U.S. v. Willie B. Paris, Jr. CCA 201600044.
No. 17-0168/MC. U.S. v. David R. Rendon. CCA 201500408.
No. 17-0174/AR. U.S. v. Demechea
R. Harris.
CCA
20160198.
Petitions for Grant of Review -
Summary Dispositions
No. 16-0155/AF. U.S. v. Nehral
Albert R. Maliwat. CCA 38579. 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 HIS DISCRETION BY PROVIDING THE PROPENSITY
INSTRUCTION UNDER MILITARY RULE OF EVIDENCE 413 AFTER FAILING TO PERFORM THE
REQUIRED ANALYSIS ON THE RECORD AND AFTER THE GOVERNMENT FAILED TO PROVIDE THE
REQUIRED NOTICE OF ITS INTENT TO ARGUE PROPENSITY.
The
decision of the United States Air Force Court of Criminal Appeals is set aside.
The record of trial is returned to the Judge Advocate General of the Air Force
for remand to that court for reconsideration of the granted issue in light of United
States v. Hills, 75 M.J. 350 (C.A.A.F.
2016).
No. 16-0669/NA. U.S. v. Mark A. Berger. CCA 201500024. On further consideration of the
granted issues, 75 M.J. 479 (C.A.A.F.
2016), it is ordered that the decision of the United States Navy-Marine Corps
Court of Criminal Appeals is hereby set aside. The record of trial is returned
to the Judge Advocate General of the Navy for remand to that court for
reconsideration of the granted issue in light of United States v. Hills,
75 M.J. 350 (C.A.A.F. 2016).
Interlocutory Orders
No. 17-0139/AR. U.S. v. Justin M. Gurczynski. CCA 20160402. On
consideration of Appellant's motion for a stay of trial proceedings, it is
ordered that said motion is hereby granted. The trial proceedings are hereby
stayed pending further order of the Court.
No. 17-0160/AR. U.S. v. Steven M. Tucker. CCA 20150634. Appellant's
motion to extend time to file a brief granted to March 9, 2017.
No. 17-0162/NA. U.S. v. Keith Barry.
CCA
201500064. On consideration of Appellant's fourth motion to extend time
to file the supplement to the petition for grant of review, said motion is
granted to February 17, 2017, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 17-0167/AR. U.S. v. Noel G. Aguiar-Perez. CCA 20140715. Appellant's
motion to supplement the record is granted.
No. 17-0222/AF. U.S. v. Yogendra Rambharose. CCA 38769.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to February 28, 2017.
No. 17-0227/MC. U.S. v. David Montalvo
III.
CCA
201400241. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to March 1, 2017.
No. 17-0229/AR. U.S. v. Lauro
P. Francisco.
CCA
20140541. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to February 28, 2017.
No. 17-0230/AR. U.S. v. William E. Threet. CCA 20140852. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 28, 2017.
No. 17-0231/AR. U.S. v. Torrence
A. Robinson.
CCA
20140785. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to March 2, 2017.
No. 17-0236/AF. U.S. v. Warren R. Bressler, Sr. CCA 38660.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to March 6, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 13, 2017
Petitions for Grant of Review Filed
No. 17-0233/AR. U.S. v. Nija D.
Jones.
CCA
20150189.
No. 17-0234/AR. U.S. v. Wendell W. Benjamin. CCA 20130092.
No. 17-0235/AR. U.S. v. Joshua P. Maez. CCA 20150810.
Petitions for Grant of Review -
Summary Dispositions
No. 16-0482/AF. U.S. v. Blake E. Taylor. CCA 38700. On further consideration of the
granted issue, 75 M.J. 404 (C.A.A.F.
2016), and in light of United States v. McClour,
76 M.J. __ (C.A.A.F. Jan.
24, 2017), it is ordered that the judgment of the United States Air Force
Court of Criminal Appeals is hereby affirmed.
No. 16-0490/MC. U.S.
v. Jonathan A. Lopez. CCA 201400289. On further consideration of the
granted issue, 75 M.J. 467 (C.A.A.F.
2016), and in light of United States v. McClour,
76 M.J. __ (C.A.A.F. Jan.
24, 2017), it is ordered that the judgment of the United States Navy-Marine
Corps Court of Criminal Appeals is hereby affirmed.
No. 16-0565/MC. U.S.
v. Dalton C. Nickens. CCA 201500142. On further
consideration of the granted issue, 75 M.J. 437 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of
the United States Navy-Marine Corps Court of Criminal Appeals is hereby
affirmed.
No. 16-0579/AF. U.S. v. William P. Smith, Jr. CCA 38728. On further
consideration of the granted issue, 75 M.J. 452 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of
the United States Air Force Court of Criminal Appeals is hereby affirmed.
No. 16-0588/NA. U.S. v. Adam S. Nelms.
CCA
201400369. On further
consideration of the granted issue, 75 M.J. 460 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of
the United States Navy-Marine Corps Court of Criminal Appeals is hereby
affirmed.
No. 16-0663/MC. U.S.
v. Travis V. Nauta. CCA 201500244. On further
consideration of the granted issue, 75 M.J. 466 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is, ordered that the judgment
of the United States Navy-Marine Corps Court of Criminal Appeals is hereby
affirmed.
No. 16-0674/AF. U.S. v. James M. Kmet.
CCA 38755. On further consideration of the
granted issue, 75 M.J. 452 (C.A.A.F.
2016), and in light of United States v. McClour,
76 M.J. __ (C.A.A.F. Jan.
24, 2017), it ordered that the judgment of the United States Air Force Court of
Criminal Appeals is hereby affirmed.
No. 16-0689/AF. U.S. v. Charles D. Buford. CCA 2016-04. On further consideration of the
petition for grant of review of the decision of the United States Air Force
Court of Criminal Appeals on appeal by the United States under Article 62,
Uniform Code of Military Justice, 10 U.S.C. § 862,
and the granted specified issue, it is noted that the court below has neither
affirmed nor reversed the ruling of the military judge and instead has vacated
the ruling at the court-martial and remanded the case to the military judge.
There is, at present, no extant ruling which excludes evidence, and if the
ruling below is effectuated, the judgment of the Court of Criminal Appeals
would resume, not terminate, the proceedings. Additionally, the granted
assigned issues are without merit in view of our holding in United States v.
Ortiz, __ M.J. __ (C.A.A.F.
2017). Accordingly, it is ordered that the order granting the petition for
grant of review is hereby vacated and the case is returned to the Judge
Advocate General of the Air Force for execution of the remand and further
consideration ordered by the Court of Criminal Appeals in accordance with United
States v. Kosek, 41 M.J.
60, 64-65 (C.M.A. 1994).
No. 16-0724/AF. U.S. v. Donald R.B.
Simmons. CCA 38788. On further
consideration of the granted issue, 75 M.J. 482 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of
the United States Air Force Court of Criminal Appeals is hereby affirmed.
No. 16-0748/NA. U.S. v. David W. Neiman. CCA 201500119. On further consideration of the
granted issue, 75 M.J. 491 (C.A.A.F.
2016), and in light of United States v. McClour,
76 M.J. __ (C.A.A.F. Jan.
24, 2017), it is ordered that the judgment of the United States Navy-Marine
Corps Court of Criminal Appeals is hereby affirmed.
No. 16-0756/AF. U.S. v. Timothy J. Morgan. CCA 38825. On further consideration of the
granted issue, 75 M.J. 469 (C.A.A.F.
2016), and in light of United States v. McClour,
76 M.J. __ (C.A.A.F. Jan.
24, 2017), it is ordered that the judgment of the United States Air Force
Court of Criminal Appeals is hereby affirmed.
No. 17-0010/MC. U.S.
v. Alfredo Solis. CCA 201500249. On further consideration of the
granted issue, 75 M.J. 495 (C.A.A.F.
2016), and in light of United States v. McClour,
76 M.J. __ (C.A.A.F. Jan.
24, 2017), it is ordered that the judgment of the United States Navy-Marine
Corps Court of Criminal Appeals is hereby affirmed.
No. 17-0063/AF. U.S. v. Jerry C. Harrison. CCA 38745. On further consideration of the
granted issue, 76 M.J. __ (Daily Journal Dec. 5,
2016), and in light of United States v. McClour,
76 M.J. __ (C.A.A.F. Jan.
24, 2017), it is ordered that the judgment of the United States Air Force Court
of Criminal Appeals is hereby affirmed.
No. 17-0115/MC. U.S.
v. Mark A. Tamburello. CCA 201600109. On further
consideration of the granted issue, 76 M.J. __ (Daily
Journal Jan. 11, 2017), and in light of United States v. McClour,
76 M.J. __ (C.A.A.F. Jan.
24, 2017), it is ordered that the judgment of the United States Navy-Marine
Corps Court of Criminal Appeals is hereby affirmed.
No. 17-0123/AF. U.S. v. Courtney R. Canada. CCA S32298. On further consideration of the
granted issue, 76 M.J. __ (Daily Journal Jan. 5,
2017), and in light of United States v. McClour,
76 M.J. __ (C.A.A.F. Jan.
24, 2017), it is ordered that the judgment of the United States Air Force Court
of Criminal Appeals is hereby affirmed.
Interlocutory Orders
No. 16-0475/AF. U.S. v. Nathan G.
Wilson-Crow. CCA 38706. Appellant's motion to extend time to file a joint
appendix granted to February 15, 2017.
No. 17-0153/AR. U.S. v. Edward J. Mitchell. CCA
20150776. In view of the Court's selection of the above-captioned case to be
heard as part of Project Outreach at Notre Dame Law School on April 4, 2017,
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, 2017.
No. 17-0196/AF. U.S. v. Paul D. Voorhees.
CCA 38836.
Appellant's motion to attach a document is granted, and Appellant's second
motion to extend time to file the supplement to the petition is granted to
February 28, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 10, 2017
Petitions for Grant of Review Filed
No. 17-0228/AR. U.S. v. Jeffrey T. Murdorf
II.
CCA
20150038.
No. 17-0229/AR. U.S. v. Lauro
P. Francisco.
CCA
20140541.
No. 17-0230/AR. U.S. v. William E. Threet. CCA 20140852.
No. 17-0231/AR. U.S. v. Torrence
A. Robinson.
CCA
20140785.
Petitions for Grant of Review Denied
No. 17-0078/AR. U.S. v. Garnard
W. Burnside III.
CCA
20130193.
Miscellaneous Docket - Filings
No. 17-0232/AF. Devin J. Vanhise,
Petitioner v. The United Stated Air Force Court of Criminal Appeals, Respondent.
CCA 38882.
Notice is hereby given that a petition for extraordinary relief in the nature
of a writ of mandamus was filed under Rule 27(a) on this date.
Mandates Issued
No. 16-0455/AF. U.S. v. Trentlee D. McClour. CCA 38704.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 9, 2017
Petitions for Grant of Review Filed
No. 17-0224/AR. U.S. v. Jorge F. Acevedo. CCA
20150076.
No. 17-0225/AR. U.S. v. Mario I. Jeffers. CCA
20150740.
No. 17-0226/AF. U.S. v. Dorian K. Owens.
CCA 38834.
No. 17-0227/MC. U.S. v. David Montalvo III. CCA
201400241.
Summary Dispositions
No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz.
CCA 38839. On consideration of the briefs of the
parties, the briefs of amici curiae,
and oral argument, it is ordered that the decision for the United States Air
Force Court of Criminal Appeals is hereby affirmed. The opinion of the Court
will be issued on a future date. C.A.A.F.R. 43(b). A
petition for reconsideration may be filed no later than 10 days after the date
of the issuance of said opinion.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 8, 2017
Petitions for Grant of Review Filed
No. 17-0221/AF. U.S. v. Gerald L. West.
CCA 38993.
No. 17-0222/AF. U.S. v. Yogendra Rambharose. CCA 38769.
No. 17-0223/MC. U.S. v. Andrew R. Harden. CCA 201600063.
Orders Granting Petition for Review
No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA 38839. 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
JUDGE PAULETTE V. BURTON AND JUDGE LARSS G. CELTNIEKS, JUDGES ON THE COURT OF MILITARY COMMISSION
REVIEW, WERE STATUTORILY AUTHORIZED TO SIT ON THE ARMY COURT OF CRIMINAL
APPEALS, AND EVEN IF THEY WERE STATUTORILY AUTHORIZED TO BE ASSIGNED TO THE
ARMY COURT OF CRIMINAL APPEALS, WHETHER THEIR SERVICE ON BOTH COURTS VIOLATED
THE APPOINTMENTS CLAUSE GIVEN THEIR NEWLY ATTAINED STATUS AS A SUPERIOR
OFFICER.
No
briefs will be filed under Rule 25.
No. 17-0176/AR. U.S.
v. Reginald E. Charles. CCA 20160414. 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
JUDGE JAMES W. HERRING, A JUDGE ON THE COURT OF MILITARY COMMISSION REVIEW, WAS
STATUTORILY AUTHORIZED TO SIT ON THE ARMY COURT OF CRIMINAL APPEALS, AND EVEN
IF HE WAS STATUTORILY AUTHORIZED TO BE ASSIGNED TO THE ARMY COURT OF CRIMINAL
APPEALS, WHETHER HIS SERVICE ON BOTH COURTS VIOLATED THE APPOINTMENTS CLAUSE
GIVEN HIS NEWLY ATTAINED STATUS AS A SUPERIOR OFFICER.
No
briefs will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 7, 2017
Orders Granting Petition for Review
No. 17-0145/AR. U.S.
v. Michael C. Morrill. CCA 20140197. 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 DID NOT MEET THE UCMJ
DEFINITION OF APPELLATE MILITARY JUDGE.
III.
WHETHER THE ASSIGNMENT OF INFERIOR OFFICERS AND PRINCIPAL OFFICERS TO A SINGLE
JUDICIAL TRIBUNAL ITSELF VIOLATED THE APPOINTMENTS CLAUSE.
No
briefs will be filed under Rule 25.
No. 17-0164/AR. U.S.
v. Corey J. Brookshire. CCA 20160332. 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
HERRING.
II. WHETHER, AS AN
APPOINTED JUDGE OF THE CMCR, JUDGE HERRING DID NOT
MEET THE UCMJ DEFINITION OF APPELLATE MILITARY JUDGE.
III.
WHETHER THE ASSIGNMENT OF INFERIOR OFFICERS AND PRINCIPAL OFFICERS TO A SINGLE
JUDICIAL TRIBUNAL ITSELF VIOLATED THE APPOINTMENTS CLAUSE.
No
briefs will be filed under Rule 25.
Interlocutory Orders
No. 17-0032/AR. U.S. v. Sean M. Ahern. CCA 20130822. On
consideration of the joint motion to supplement the record, it is ordered that
said motion is hereby granted.
No. 17-0176/AR. U.S. v. Reginald E. Charles. CCA 20160414. Appellant's
motion to supplement the record is granted.
No. 17-0192/AR. U.S. v. Jermaine C. Sampson. CCA 20140841. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 22, 2017.
Hearings
No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA 38839.
No. 16-0484/AF. U.S. v. Christopher L.
Oliver. CCA 38481.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 6, 2017
Petitions for Grant of Review Filed
No. 17-0220/AR. U.S. v. Andrew D. Curry. CCA 20140860.
Orders Granting Petition for Review
No. 17-0111/AR. U.S.
v. Francisco Galvan. CCA 20150574. 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
HERRING.
II. WHETHER, AS AN
APPOINTED JUDGE OF THE CMCR, JUDGE HERRING DID NOT
MEET THE UCMJ DEFINITION OF APPELLATE MILITARY JUDGE.
III.
WHETHER THE ASSIGNMENT OF INFERIOR OFFICERS AND PRINCIPAL OFFICERS TO A SINGLE
JUDICIAL TRIBUNAL ITSELF VIOLATED THE APPOINTMENTS CLAUSE.
No
briefs will be filed under Rule 25.
No. 17-0173/AR. U.S.
v. Patrick Podobnik. CCA 20150692. 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 JUDGE HERRING, A JUDGE ON THE COURT OF MILITARY
COMMISSION REVIEW, WAS STATUTORILY AUTHORIZED TO SIT ON THE ARMY COURT OF
CRIMINAL APPEALS, AND EVEN IF HE WAS STATUTORILY AUTHORIZED TO BE ASSIGNED TO
THE ARMY COURT OF CRIMINAL APPEALS, WHETHER HIS SERVICE ON BOTH COURTS VIOLATED
THE APPOINTMENTS CLAUSE GIVEN HIS NEWLY ATTAINED STATUS AS A PRINCIPAL OFFICER.
No
briefs will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 3, 2017
Petitions for Grant of Review Filed
No. 17-0219/AR. U.S. v. George L. Smith II. CCA 20160266.
Orders Granting Petition for Review
No. 17-0148/AF. U.S. v. Stephan H. Claxton. CCA 38188. 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 FINDINGS AND SENTENCE MUST
BE SET ASIDE IN LIGHT OF UNITED STATES v. HILLS, 75 M.J.
350 (C.A.A.F. 2016).
II.
WHETHER THE GOVERNMENT'S FAILURE TO DISCLOSE THAT AIR FORCE ACADEMY CADET E.T. WAS A CONFIDENTIAL INFORMANT FOR THE AIR FORCE OFFICE
OF SPECIAL INVESTIGATIONS (AFOSI) PURSUANT TO BRADY v. MARYLAND, 373
U.S. 83 (1963), WAS HARMLESS BEYOND A REASONABLE DOUBT.
Briefs
will be filed under Rule 25.
No. 17-0159/AR. U.S.
v. Jeffrey Soria. CCA 20150537. 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 COMMISSIONS OF JUDGES
BURTON AND CELTNIEKS.
II. WHETHER, AS
APPOINTED JUDGES OF THE CMCR, JUDGES BURTON AND CELTNIEKS DID NOT MEET THE UCMJ
DEFINITION OF AN APPELLATE JUDGE.
III.
WHETHER THE ASSIGNMENT OF INFERIOR OFFICERS AND PRINCIPAL OFFICERS TO A SINGLE
JUDICIAL TRIBUNAL ITSELF VIOLATED THE APPOINTMENTS CLAUSE.
No
briefs will be filed under Rule 25.
Interlocutory Orders
No. 17-0077/AR. U.S. v. Salvador Jimenez-Victoria. CCA 20140733. On
consideration of Appellant's motion to remand the case to the United States
Army Court of Criminal Appeals in light of newly discovered Brady
evidence, it is ordered that said motion is hereby denied.*
________________________________
* Appellant's motion to attach Defense
Appellate Exhibit A, contained within the motion to remand, is impermissible
under C.A.A.F. Rule 30(d) and it is also hereby
denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 2, 2017
Petitions for Grant of Review Filed
No. 17-0217/CG. U.S. v. Mario Tamayo.
CCA 1425.
No. 17-0218/AR. U.S. v. Ryan S. Suleski. CCA 20160050.
Petitions for Grant of Review Denied
No. 17-0147/AR. U.S. v. Karena
A. Dupree.
CCA
20150259.
Orders Granting Petition for Review
No. 17-0133/AR. U.S.
v. Paul E. Thomas. CCA 20150269. 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
JUDGES CELTNIEKS AND BURTON, JUDGES ON THE COURT OF
MILITARY COMMISSION REVIEW, WERE STATUTORILY AUTHORIZED TO SIT ON THE ARMY
COURT OF CRIMINAL APPEALS, AND EVEN IF THEY WERE STATUTORILY AUTHORIZED TO BE
ASSIGNED TO THE ARMY COURT OF CRIMINAL APPEALS, WHETHER THEIR SERVICE ON BOTH
COURTS VIOLATED THE APPOINTMENTS CLAUSE GIVEN THEIR NEWLY ATTAINED STATUS AS
PRINCIPAL OFFICERS.
No
briefs will be filed under Rule 25.
No. 17-0160/AR. U.S.
v. Steven M. Tucker. CCA 20150634. 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 ARMY COURT ERRED IN HOLDING THAT THE TERM "DISORDERS AND
NEGLECTS" STATES A NEGLIGENCE STANDARD FOR MENTAL CULPABILITY UNDER
ARTICLE 134, UCMJ, WHICH PRECLUDES APPLICATION OF UNITED
STATES v. ELONIS.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 17-0037/AF. U.S. v. Cory D. Phillips.
CCA
S38771. Appellant's motion to extend time to file a brief granted to
February 7, 2017.
No. 17-0084/AR. U.S. v. James N. Costigan. CCA 20150052. Appellant's
motion to extend time to file a brief granted to March 3, 2017.
No. 17-0162/NA. U.S. v. Keith Barry.
CCA
201500064. On consideration of Appellant's third motion to extend time
to file the supplement to the petition for grant of review, it is ordered that
said motion is hereby granted to February 10, 2017, and that absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 17-0215/AR. U.S. v. Kevin Greytunkl. CCA 20150644. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 21, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 1, 2017
Petitions for Grant of Review Denied
No. 17-0101/NA. U.S. v. Mark J. Winiecki. CCA 201600031.
No. 17-0131/AR. U.S. v. Cameron J. Conrad. CCA 20150721.
No. 17-0135/AR. U.S. v. Nathaneal
H. Ramos.
CCA
20140475.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0186/AF. U.S. v. Christopher N. Allore. CCA 38912. On consideration of the petition for grant of review of
the decision of the United States Air Force Court of Criminal Appeals, it is
noted that the court below failed to expressly act to affirm or set aside the
findings and sentence. This has resulted in having a case before us for review
that does not have a complete decision on the findings and sentence by the
Court of Criminal Appeals. Under Article 67(c), Uniform Code of Military
Justice, 10 U.S.C. § 867(c) (2012), this Court can
only act with respect to the findings and sentence as affirmed or set aside by
a court of criminal appeals. If the action on the findings and sentence is
ambiguous, the appropriate remedy is a remand for clarification. Accordingly,
it is ordered that the petition for grant of review is granted, and the
record of trial is returned to the Judge Advocate General of the Air Force for
remand to the United States Air Force Court of Criminal Appeals for
clarification of its action on the findings and sentence.
Orders Granting Petition for Review
No. 17-0151/AR. U.S.
v. Dayshawn M. Guice. CCA 20150774. 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
HERRING.
II. WHETHER, AS AN
APPOINTED JUDGE OF THE CMCR, JUDGE HERRING DID NOT
MEET THE UCMJ DEFINITION OF APPELLATE MILITARY JUDGE.
III.
WHETHER THE ASSIGNMENT OF INFERIOR OFFICERS AND PRINCIPAL OFFICERS TO A SINGLE
JUDICIAL TRIBUNAL ITSELF VIOLATED THE APPOINTMENTS CLAUSE.
No
briefs will be filed under Rule 25.
Home Page |
Opinions & Digest
| Daily
Journal | Scheduled
Hearings | Search
Site