UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 31, 2017
Petitions for Grant of Review Filed
No. 17-0536/AR. U.S. v. Mario E. Fernandez. CCA
20160403.
Petitions for Grant of Review Denied
No. 17-0486/AR. U.S. v. Isaac L. Boykin. CCA
20160136.
Certificates for Review Filed
No. 17-0537/MC. United
States, Appellant v. James A. Hale, Appellee. CCA 201600015. Notice is hereby
given that a certificate for review of the decision of the United States
Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this
date on the following issue:
WHAT
IS THE CORRECT TEST WHEN ANALYZING AN INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM
BASED UPON A CONFLICT OF INTEREST NOT INVOLVING MULTIPLE REPRESENTATION.
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
the 30th day of August, 2017.
Orders Granting Petition for Review
No. 17-0434/AF. U.S. v. Edzel D. Mangahas. CCA 2016-10. On 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, it is ordered that said petition is hereby
granted on the following issue:
WHETHER THE LOWER COURT ERRED IN FINDING NO DUE PROCESS
VIOLATION WHEN THE GOVERNMENT WAS INACTIVE FOR OVER 17 YEARS BEFORE
INVESTIGATING A CLAIM OF RAPE, VIOLATING LTCOL MANGAHAS'
FIFTH AMENDMENT RIGHT TO A SPEEDY TRIAL.
Pursuant
to Rule 19(a)(7)(A), no further pleadings will be
filed.
Interlocutory Orders
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 in support of
Appellee, it is ordered that said motion is hereby granted.
No. 17-0434/AF. U.S. v. Edzel D. Mangahas.
CCA 2016-10. On consideration of Appellant's motion to
supplement the record and motion to stay court-martial proceedings, it is
ordered that said motion to supplement the record is hereby denied, that said
motion to stay court-martial proceedings is hereby granted, and said
court-martial proceedings are hereby stayed until further order of the Court.
No. 17-0534/AR. U.S. v. Matthew M. Smith. CCA
20150254. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to August 16, 2017.
Petitions for Reconsideration Denied
No. 17-0423/AR. U.S. v. Tyler D. Milligan. CCA
20160440. Appellant's petition for reconsideration of the Court's order
issued July 10, 2017, is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 28, 2017
Petitions for Grant of Review Filed
No. 17-0535/AR. U.S. v. Payton K. Cork. CCA 20160674.
Petitions for Grant of Review Denied
No. 17-0472/AR. U.S. v. Eric D. Simon. CCA 20160312.
No. 17-0488/AR. U.S. v. Darrin V. Morris. CCA 20160379.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 27, 2017
Petitions for Grant of Review Filed
No. 17-0533/AR. U.S. v. Jarrett D. Brooks. CCA 20160556.
No. 17-0534/AR. U.S. v. Matthew M. Smith. CCA 20150254.
Petitions for Grant of Review Denied
No. 17-0401/AF. U.S. v. Adam P. Cohen.
CCA 38472.
No. 17-0479/AR. U.S. v. Jhon R.
Heath.
CCA
20150690.
No. 17-0483/AR. U.S. v. Patrick L. Clark. CCA 20160121.
Petition for Grant of Review - Summary
Disposition
No. 17-0395/AR. U.S.
v. Noel G. Aguiar-Perez. CCA 20140715. On consideration of
the petition for grant of review of the decision of the United States Army
Court of Criminal Appeals, bearing USCA Docket Number
17-0395/AR, it is ordered that so much of the order of this Court dated March
3, 2017 and relating to USCA Docket Number
17-0167/AR, which affirmed the remaining findings is hereby vacated. The
decision of the United States Army Court of Criminal Appeals on the remaining
findings is set aside. The record of trial is returned to the Judge Advocate
General of the Army for remand to the Court of Criminal Appeals for a new
review under Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (2012), to evaluate the case in light of United
States v. Hukill, 76 M.J.
219 (C.A.A.F. 2017).
Appeals - Summary Dispositions
No. 16-0716/AR. U.S.
v. Manuel Ortiz III. CCA 20150267. On further consideration of the granted issue, 75 M.J. 494 (C.A.A.F. 2016), it is
ordered that the decision of the United States Army Court of Criminal Appeals
is set aside. The record of trial is returned to the Judge Advocate General of
the Army for remand to the Court of Criminal Appeals for a new review under
Article 66, Uniform Code of Military Justice, 10 U.S.C.
§ 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).
No. 17-0037/AF. U.S. v. Cory D. Phillips. CCA S38771. On further consideration of the
granted issue, 76 M.J. 57 (C.A.A.F.
2017), and the briefs of the parties, it is ordered that 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
the Court of Criminal Appeals for a new review under Article 66, Uniform Code
of Military Justice, 10 U.S.C. § 866 (2012), to
evaluate the case in light of United States v. Hukill,
76 M.J. 219 (C.A.A.F.
2017).
No. 17-0041/AR. U.S.
v. Justin M. Gurczynski. CCA 20140518. On further
consideration of the granted issues, (United
States v. Gurczynski, 76 M.J.
42 (C.A.A.F. 2016) (order granting review in No.
17-0041)), and in view of United States
v. Ortiz, 76 M.J. 189 (C.A.A.F.
2017), it is ordered that the decision of the United States Army Court of
Criminal Appeals in No. ARMY 20140518, dated August 31, 2016, is hereby
affirmed.
No. 17-0084/AR. U.S.
v. James N. Costigan. CCA 20150052. On further
consideration of the granted issue, 76 M.J. 65 (C.A.A.F. 2017), and the briefs of the parties, it is
ordered that the decision of the United States Army Court of Criminal Appeals
is set aside. The record of trial is returned to the Judge Advocate General of
the Army for remand to the Court of Criminal Appeals for a new review under
Article 66, Uniform Code of Military Justice, 10 U.S.C.
§ 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).
No. 17-0087/AR. U.S.
v. Jameson T. Hazelbower. CCA 20150335. On further
consideration of the granted issue, 76 M.J. 63 (C.A.A.F. 2017), and the briefs of the parties, it is
ordered that the decision of the United States Army Court of Criminal Appeals
is set aside. The record of trial is returned to the Judge Advocate General of
the Army for remand to the Court of Criminal Appeals for a new review under
Article 66, Uniform Code of Military Justice, 10 U.S.C.
§ 866 (2012), to evaluate the case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).
No. 17-0222/AF. U.S. v. Yogendra
Rambharose. CCA 38769. On further consideration of the granted issue, 76 M.J. 262 (C.A.A.F. 2017), it is
ordered that 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 the Court of Criminal Appeals for a new
review under Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (2012), to evaluate the case in light of United
States v. Hukill, 76 M.J.
219 (C.A.A.F. 2017).
No. 17-0253/AR. U.S.
v. Douglas E. Reynolds, Jr. CCA 20140856. On further
consideration of the granted issue, 76 M.J. 259 (C.A.A.F. 2017), it is ordered that the decision of the
United States Army Court of Criminal Appeals is set aside. The record of trial
is returned to the Judge Advocate General of the Army for remand to the Court
of Criminal Appeals for a new review under Article 66, Uniform Code of Military
Justice, 10 U.S.C. § 866 (2012), to evaluate the case
in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).
No. 17-0319/AR. U.S.
v. Eric A. Ramos-Cruz. CCA 20150292. On further consideration of the granted issue, __ M.J. __ (C.A.A.F. 2017) (order
granting review, May 10, 2017), it is ordered that the decision of the
United States Army Court of Criminal Appeals is set aside. The record of trial
is returned to the Judge Advocate General of the Army for remand to the Court
of Criminal Appeals for a new review under Article 66, Uniform Code of Military
Justice, 10 U.S.C. § 866 (2012), to evaluate the case
in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 26, 2017
Petitions for Grant of Review Filed
No. 17-0529/NA. U.S. v. Darrius D. Upshaw.
CCA 201600053.
No. 17-0530/AF. U.S. v. Taylor L. Johnson.
CCA 39016.
No. 17-0531/AR. U.S. v. Kyle J. Collins. CCA
20160696.
No. 17-0532/AR. U.S. v. Tristan D. Nicholson. CCA
20160317.
Petitions for Grant of Review Denied
No. 17-0446/AR. U.S. v. Jacob P. Henderson. CCA
20140081.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0282/AF. U.S. v. Michael R. Lightsey. CCA 38851. 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,
and 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 the Court of Criminal Appeals for a new review under
Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (2012), to
evaluate the case in light of United States v. Hukill, 76 M.J. 219
(C.A.A.F. 2017).
No. 17-0298/AR. U.S.
v. Dwight D. Harris. CCA
20131045. On consideration of
the petition for grant of review of the decision of the United States Army
Court of Criminal Appeals, it is ordered that said petition is hereby granted,
and the decision of the United States Army Court of Criminal Appeals is set
aside. The record of trial is returned to the Judge Advocate General of the
Army for remand to the Court of Criminal Appeals for a new review under Article
66, Uniform Code of Military Justice, 10 U.S.C. § 866 (2012), to evaluate the
case in light of United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017).
No. 17-0333/AR. U.S.
v. Arturo A. Tafoya. CCA
20140798. 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 set aside. The record of trial is returned to the Judge
Advocate General of the Army for remand to the Court of Criminal Appeals for a
new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866
(2012), to evaluate the case in light of United States v. Hukill, 76
M.J. 219 (C.A.A.F. 2017).
No. 17-0341/AR. U.S.
v. Vincent P. Degregori III. CCA 20150581. 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 set aside. The record of trial is returned to the Judge Advocate General of
the Army for remand to the Court of Criminal Appeals for a new review under
Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (2012), to
evaluate the case in light of United States v. Hukill, 76 M.J. 219
(C.A.A.F. 2017).
No. 17-0381/AF. U.S. v. Corey J. Campbell. CCA 38875. 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,
and 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 the Court of Criminal Appeals for a new review under
Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (2012), to
evaluate the case in light of United States v. Hukill, 76 M.J. 219
(C.A.A.F. 2017).
Interlocutory Orders
No. 17-0401/AF. U.S. v. Adam P. Cohen.
CCA 38472.
Appellant's motion to supplement the record is denied.
No. 17-0495/MC. U.S. v. Benjamin D. Luna. CCA 201500423. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to August 2, 2017.
No. 17-0528/AR. U.S. v. Tony L. Bishop. CCA 20150441. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to August 14, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 25, 2017
Petitions for Grant of Review Filed
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. 17-0528/AR. U.S. v. Tony L. Bishop. CCA
20150441.
Petitions for Grant of Review Denied
No. 17-0470/AR. U.S. v. John F. Sellers. CCA
20150045.
No. 17-0475/AR. U.S. v. Brandon K. Murray. CCA
20160622.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0376/AR. U.S.
v. Torie A. Cash. CCA
20150484. 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.
Miscellaneous Docket - Filings
No. 17-0525/AR. U.S. v. Ronald Gray. CCA
20160775. Notice is hereby given that a pleading styled as "Notice
of Mandatory Review," which this Court construes as a writ-appeal petition
of the decision of the United States Army Court of Criminal Appeals on a
petition for extraordinary relief in the nature of a writ of error coram nobis,
was filed on July 12, 2017, and placed on the docket this 25th day of July,
2017. Appellee shall file an answer no later than 10 days from the date of this
notice. Appellant may file a reply no later than 5 days thereafter.
Additionally,
counsel for Appellant filed a motion with the Court on July 12, 2017, to appear
Pro Hac Vice. That motion bears the docketing number assigned to another motion
docketed that date, (USCA No. 17-0502/AR), but the substance of the motion
will be considered applicable to all matters filed by Appellant on July 12,
2017. That motion has been also placed on the docket on this date.
Orders Granting Petition for Review
No. 17-0405/AF. U.S. v. Sean C. Mooney. CCA 38929. 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 CONVENING AUTHORITY'S ACTION IS VOID AB INITIO WHERE IT PURPORTS TO ORDER
APPELLANT'S ADJUDGED COURT-MARTIAL SENTENCE TO RUN CONSECUTIVE TO HIS PREVIOUSLY
ADJUDGED FEDERAL SENTENCE INSTEAD OF CONCURRENTLY AS REQUIRED BY ARTICLE 57, UCMJ.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 24, 2017
Petitions for Grant of Review Filed
No. 17-0522/AR. U.S. v. Kyle T. Buss. CCA
20150834.
No. 17-0523/NA. U.S. v. Shanon L. Best.
CCA 201600134.
Interlocutory Orders
No. 17-0208/CG. U.S. v. John C. Riesbeck.
CCA 1374. Appellant's motion to extend time to file a
reply brief is granted to August 3, 2017.
No. 17-0392/AF. U.S. v. Robert A. Condon.
CCA 38765. Appellant's motion to extend time to file a
brief is granted to September 18, 2017.
No. 17-0518/AR. U.S. v. James H. Lee. CCA 20140309. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to August 7, 2017.
No. 17-0520/AF. U.S. v. Harold D. Johnson
III. CCA 2017-01. Appellant's motion to extend
time to file the supplement to the petition for grant of review granted to
August 10, 2017.
Petitions for Reconsideration Denied
No. 17-0414/AR. U.S. v. Steven T. Thompson. CCA
20150372. On consideration of Appellant's petition for reconsideration
of the Court's order issued June 28, 2017, it is ordered that said petition for
reconsideration is hereby denied.
Mandates Issued
No. 17-0148/AF. U.S. v. Stephan H.
Claxton. CCA 38188.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 21, 2017
Petitions for Grant of Review Filed
No. 17-0520/AF. U.S. v. Harold D. Johnson
III. CCA 2017-01.
No. 17-0521/AR. U.S. v. Brandon S. Ellison. CCA 20150621.
Petitions for Grant of Review Denied
No. 17-0349/AR. U.S. v. Kahlan
Maki.
CCA
20150210.
No. 17-0421/AR. U.S. v. Andrew J.P. Gomez. CCA 20150450.
No. 17-0425/AR. U.S. v. Willie J. Bostick. CCA 20140880.
No. 17-0467/AR. U.S. v. McKinley P. Armour. CCA 20160698.
No. 17-0468/AR. U.S. v. Bryan A. Kegler. CCA 20150773.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 20, 2017
Petitions for Grant of Review Filed
No. 17-0517/AR. U.S. v. Stanley J. McClain. CCA 20160303.
No. 17-0518/AR. U.S. v. James H. Lee. CCA 20140309.
No. 17-0519/AF. U.S. v. Daniel A. Duran.
CCA
S32407.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 19, 2017
Petitions for Grant of Review Filed
No. 17-0514/AR. U.S. v. Keondrey
V. Horace.
CCA
20160257.
No. 17-0515/AR. U.S. v. Joshua M. Snow. CCA 20150481.
No. 17-0516/AR. U.S. v. Robier
Ramon.
CCA
20150564.
Orders Granting Petition for Review
No. 17-0306/AF. U.S. v. Joseph A. Pugh. CCA 2016-11. 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 the petition is hereby granted on the following
issue:
WHETHER THE MILITARY JUDGE ERRED IN FINDING THAT AFI 90-507 SERVES NO VALID MILITARY PURPOSE AND DISMISSING
THE ADDITIONAL CHARGE AND ITS SPECIFICATION.
Although
ordinarily an appeal pursuant to Article 62, Uniform Code of Military Justice,
10 U.S.C. § 862 (2012), does not require additional
pleadings, because the granted issue differs from the assigned issue,
additional briefing is necessary. See CAAF Rules
19(a)(7)(A) and 25. Accordingly, Appellant's brief on
this issue shall be filed within 20 days of the date of this order. Appellee's brief shall be filed within 20 days of the
filing of Appellant's brief. A reply may be filed by Appellant within 5 days of
Appellee's brief. Absence extraordinary
circumstances, extensions of time to file the briefs will not be granted.
No. 17-0392/AF. U.S. v. Robert A. Condon. CCA 38765. 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 raised by appellate defense counsel:
I.
UPON REQUEST BY THE DEFENSE COUNSEL AND
UTILIZING A DEFENSE PROPOSED INSTRUCTION, SHOULD THE MILITARY JUDGE HAVE PROVIDED THE MEMBERS WITH AN EXPLANATION OF THE TERM
"INCAPABLE"?
And
the following issue specified by the Court:
II.
WHETHER THE MILITARY JUDGE ERRED IN
ADMITTING APPELLANT'S INVOCATION OF HIS RIGHT TO COUNSEL IN HIS AFOSI INTERVIEW AT TRIAL OVER DEFENSE OBJECTION, AND IF SO,
WHETHER THAT ERROR WAS HARMLESS BEYOND A REASONABLE DOUBT.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 17-0231/AR. U.S. v. Torrence
A. Robinson.
CCA
20140785. On consideration of the motion filed by Protect Our Defenders
to file a brief as amicus curiae in
support of Appellee, it is ordered that said motion
is hereby granted.
No. 17-0347/AF. U.S. v. Robert L. Honea
III. CCA 38905. Appellant's motion to file a brief and the joint
appendix under seal is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 18, 2017
Petitions for Grant of Review Filed
No. 17-0513/AR. U.S. v. Benjamin S. Moffitt. CCA 20160186.
Interlocutory Orders
No. 17-0392/AF. U.S. v. Robert A. Condon.
CCA 38765.
On consideration of Appellant's motion for appellate discovery filed June 12,
2017, motion to attach documents and motion to submit supplemental assignment
of error filed June 14, 2017, motion to attach documents filed June 19, 2017,
motion to file motion to attach documents under seal, and motion to attach
documents filed under seal filed June 21, 2017, it is ordered that said motions
are hereby denied.
Mandates Issued
No. 16-0555/AR. U.S. v. Jason M. Commisso. CCA 20140205.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 17, 2017
Petitions for Grant of Review Filed
No. 17-0510/MC. U.S. v. Derrick L. Dinger. CCA
201600108.
No. 17-0511/MC. U.S. v. Frank A. Dellacamera III. CCA
201600230.
No. 17-0512/AR. U.S. v. Jonathan J. Hines. CCA
20140890.
Petitions for Grant of Review Denied
No. 17-0389/AR. U.S. v. Glen R. Urik. CCA
20140844.
No. 17-0427/AR. U.S. v. Dustin L. Starner. CCA
20140370.
No. 17-0436/AR. U.S. v. Trystan L. Fleenor. CCA
20160764.
No. 17-0459/AR. U.S. v. Joshua R. McLemore. CCA
20160725.
No. 17-0461/AR. U.S. v. Jonathan R. Aguiar. CCA
20160302.
No. 17-0462/AR. U.S. v. Lawson L. Ho-Shing. CCA
20150167.
No. 17-0463/AR. U.S. v. Durell J. Stewart. CCA
20160128.
Interlocutory Orders
No. 17-0482/AF. U.S. v. Kenneth W. Frank,
Jr. CCA 38854. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to August 1, 2017.
No. 17-0487/AR. U.S. v. Brian J. Jackson. CCA
20160208. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to August 1, 2017.
No. 17-0488/AR. U.S. v. Darrin V. Morris. CCA
20160379. Appellee's motion to file a 10-day letter out of time is
denied.
No. 17-0508/AF. U.S. v. Nelson W. Meurer.
CCA S32406. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to August 3, 2017.
No. 17-0509/AF. U.S. v. Zakery J. Schram.
CCA 38954. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to August 3, 2017.
No. 17-0510/MC. U.S. v. Derrick L. Dinger. CCA
201600108. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to August 7, 2017.
No. 17-0511/MC. U.S. v. Frank A. Dellacamera III. CCA
201600230. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to August 7, 2017.
Petitions for Reconsideration Denied
No. 17-0417/AR. U.S. v. D' Anthony J. Williams. CCA
20140604. On consideration of Appellant's petition for reconsideration
of the Court's order issued June 21, 2017, it is ordered that said petition for
reconsideration is denied.
No. 17-0424/AR. U.S. v. Cornelius D. Bailey. CCA
20160498. On consideration of Appellant's petition for reconsideration
of the Court's order issued June 26, 2017, it is ordered that said petition for
reconsideration is denied.
No. 17-0426/AR. U.S. v. Ruben D. Fuentes, Jr. CCA
20160780.
On consideration of Appellant's petition for reconsideration of the Court's
order issued June 28, 2017, it is ordered that said petition for
reconsideration is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 14, 2017
Petitions for Grant of Review Filed
No. 17-0506/AF. U.S. v. Dennis D. Bailey.
CCA
S32375.
No. 17-0508/AF. U.S. v. Nelson W. Meurer. CCA S32406.
No. 17-0509/AF. U.S. v. Zakery J. Schram. CCA 38954.
Petitions for Grant of Review Denied
No. 17-0388/AR. U.S. v. George D. MacDonald. CCA 20091118.
No. 17-0435/AR. U.S. v. Cory J. Brown. CCA 20170069.
No. 17-0445/AF. U.S. v. Michael T. Maher.
CCA 38955.
No. 17-0447/AR. U.S. v. Anthony L. Moore. CCA 20160597.
No. 17-0449/AR. U.S. v. Nicholas A. Osborne. CCA 20160285.
No. 17-0450/AR. U.S. v. Charles R. Spence, Jr. CCA 20170036.
No. 17-0452/AR. U.S. v. Fredrick J. Smith. CCA 20160316.
No. 17-0453/AR. U.S. v. Christopher D. Bush. CCA 20150610.
No. 17-0455/AF. U.S. v. Steven S.
Contreras. CCA 39007.
Certificate for Review Filed
No. 17-0507/AR. U.S.
v. Orval W. Gould, Jr. CCA
20120727. 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
issues:
I.
WHETHER THE ARMY COURT OF CRIMINAL
APPEALS IMPERMISSIBLY EXCEEDED THE LIMITATIONS OF ITS AUTHORITY ON REMAND FROM
THIS COURT BY CONDUCTING A FACTUAL SUFFICIENCY REVIEW.
II. WHETHER THE ARMY
COURT OF CRIMINAL APPEALS ERRED BY FINDING SPECIFICATION 1 OF CHARGE II
FACTUALLY AND LEGALLY INSUFFICIENT.
III.
WHETHER NUDITY IS A PER SE
REQUIREMENT FOR AN IMAGE TO CONSTITUTE A "LASCIVIOUS EXHIBITION OF THE GENITALS
OR PUBIC AREA" IN 18 U.S.C. § 2256(8)(A).
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
August 14, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 13, 2017
Orders Granting Petition for Review
No. 17-0476/AF. U.S. v. David C. Carpenter II. CCA 38995. 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 AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN LIMITING THE CROSS-EXAMINATION OF THE
COMPLAINING WITNESS UNDER MILITARY RULE OF EVIDENCE 412 ON AN ISSUE SHOWING
THAT APPELLANT'S SUBJECTIVE MISTAKE OF FACT AS TO THE COMPLAINING WITNESS'S AGE
WAS OBJECTIVELY REASONABLE.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 17-0504/AF. U.S. v. Hank W. Robinson.
CCA 38942. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to August 1, 2017.
No. 17-0505/AF. U.S. v. Tefera M. Workneh.
CCA 38928. Appellant's motion to extend time to file
the supplement to the petition for granted of review granted to August 1, 2017.
Petitions for Reconsideration Denied
No. 16-0599/AR. U.S. v. Jared D. Herrmann. CCA
20131064. On consideration of Appellant's petition for reconsideration
of the Court's decision, 76 M.J. 304 (C.A.A.F. 2017), it is ordered that said
petition for reconsideration is hereby denied.
No. 17-0398/AR. U.S. v. Nicholas R. Carlin. CCA
20160095. On consideration of Appellant's petition for reconsideration
of the Court's order issued June 13, 2017, it is ordered that said petition for
reconsideration is hereby denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 12, 2017
Petitions for Grant of Review Filed
No. 17-0503/AF. U.S. v. Benjamin A. Doerr. CCA 38963.
No. 17-0504/AF. U.S. v. Hank W. Robinson.
CCA 38942.
No. 17-0505/AF. U.S. v. Tefera M. Workneh. CCA 38928.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0441/AF. U.S. v. Michael R. Henry. CCA 38886. On consideration of Appellee's motion to dismiss the petition for grant of
review of the decision of the United States Air Force Court of Criminal Appeals
for lack of jurisdiction, it is noted that the Court of Criminal Appeals
affirmed several of the findings of guilty, set aside other findings of guilty
and the sentence, and remanded the record with a rehearing authorized. Under
Article 67(c), UCMJ, this Court has jurisdiction to
consider the petition. However, given the possibility of a rehearing, the
petition is not ripe for review at this time. Accordingly, it is
ordered that the motion to dismiss the petition for lack of jurisdiction
is hereby denied, and the petition for grant of review is denied without
prejudice to Appellant's right to raise the matters asserted during the normal
course of appellate review.
Miscellaneous Docket - Filings
No. 17-0502/AR. Ronald
Gray, Petitioner v. United States, Respondent. Notice is hereby given that a
motion to file an overlength petition for
extraordinary relief in the nature of error coram nobis was filed under Rule 30 on this date.
Interlocutory Orders
No. 17-0474/AR. U.S. v. Carl H. Weicht,
Jr. CCA 20160376. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review granted to July 31, 2017.
No. 17-0485/AR. U.S. v. Patrick A. Battles. CCA 20140399. On
consideration of Appellee's motion to dismiss the
petition for grant of review, it is ordered that said motion is hereby granted
without prejudice to Appellant's right to refile the
petition during the course of normal appellate review.
No. 17-0501/AF. U.S. v. William E. Smith.
CCA 38971.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to August 1, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 11, 2017
Petitions for Grant of Review Filed
No. 17-0501/AF. U.S. v. William E. Smith.
CCA 38971.
Petitions for Grant of Review Denied
No. 17-0360/AF. U.S. v. Donald W. Cox.
CCA 38885.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 10, 2017
Petitions for Grant of Review Filed
No. 17-0498/AR. U.S. v. Michelle Santiago-Lopez. CCA 20160315.
No. 17-0499/AR. U.S. v. Trevor M. Williams. CCA 20160170.
No. 17-0500/AR. U.S. v. Anthony C. Entwistle. CCA 20160309.
Petitions for Grant of Review Denied
No. 17-0367/NA. U.S. v. Russell Coble.
CCA
201600130.
No. 17-0378/NA. U.S. v. Darrell T.
Peterson. CCA 201500340.
No. 17-0413/AR. U.S. v. Eduardo Marquez. CCA 20150604.
No. 17-0416/AR. U.S. v. Terrance L. Gaddy. CCA 20150227.
No. 17-0419/AF. U.S. v. Kyree D. Pulliam. CCA S32379.
No. 17-0423/AR. U.S. v. Tyler D. Milligan. CCA 20160440.
No. 17-0442/AR. U.S. v. Gregory L. McQueen, Jr. CCA 20150166.
Interlocutory Orders
No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. Appellant' s motion to file a reply brief under seal
granted.
No. 17-0495/MC. U.S. v. Benjamin D. Luna. CCA 201500423. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 26, 2017.
No. 17-0496/MC. U.S. v. Mark A. Levrie. CCA 201500375. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 27, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 7, 2017
Petitions for Grant of Review Filed
No. 17-0496/MC. U.S. v. Mark A. Levrie. CCA 201500375.
No. 17-0497/AF. U.S. v. Steven R. Bickham, Jr. CCA S32400.
Petitions for Grant of Review Denied
No. 17-0365/AF. U.S. v. Drew D. Parenteau-Hefner. CCA 38884.
No. 17-0390/AR. U.S. v. Randal C. Rucker. CCA 20140845.
No. 17-0394/AF. U.S. v. Travone J. Alford. CCA 38992.
No. 17-0409/MC. U.S. v. Jason J. Williams. CCA 201500296.
No. 17-0437/NA. U.S. v. Nathaniel Bracewell. CCA 201600060.
No. 17-0439/AF. U.S. v. Ryan M. Troester. CCA S32385.
Mandates Issued
No. 16-0586/MC. U.S. v. Nhubu
C. Chikaka. CCA 201400251.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 6, 2017
Petitions for Grant of Review Filed
No. 17-0495/MC. U.S. v. Benjamin D. Luna. CCA 201500423.
Interlocutory Orders
No.
17-0329/AR. U.S. v. Randy L. Simpson Jr. CCA 20140126.
On consideration of Appellee's motion to dismiss the
certificate for grant of review and motion to attach appellate exhibits, it is
ordered that said motion to dismiss the certificate is hereby denied, and said
motion to attach appellate exhibits is hereby granted in part to admit defense
appellate exhibits A and C, but denied in part to attach defense appellate
exhibit B.
No. 17-0493/AF. U.S. v. Chad M. Williams.
CCA
S32368. Appellant's motion to extend time to file the supplement to the
petition for grant of review granted to July 25, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 5, 2017
Petitions for Grant of Review Filed
No. 17-0492/AR. U.S. v. William G. Inman. CCA 20150042.
No. 17-0493/AF. U.S. v. Chad M. Williams.
CCA
S32368.
No. 17-0494/AF. U.S. v. Ryan D. Means.
CCA 38947.
Petitions for Grant of Review Denied
No. 17-0322/MC. U.S. v. Christopher Clugston. CCA 201500326.
No. 17-0397/AF. U.S. v. Latisha K. Wells.
CCA
S32372.
No. 17-0400/AR. U.S. v. Joshua W. James. CCA 20160631.
No. 17-0402/AR. U.S. v. Dakota A. Bragan. CCA 20160124.
No. 17-0406/NA. U.S. v. Andrew J. Wright.
CCA
201600098.
No. 17-0430/AR. U.S. v. Tahron
D. Davis.
CCA
20160521.
No. 17-0431/AR. U.S. v. David A. Velasquez II. CCA 20160570.
Interlocutory Orders
No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. Appellee's motion to file a brief under seal is granted.
Appellant's motion to extend time to file a reply brief is granted to July 7,
2017.
No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's
motion to extend time to file a brief is granted to July 27, 2017.
No. 17-0460/AF. U.S. v. Mark A. Anderson.
CCA 38959.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review is granted to July 20, 2017.
No. 17-0489/AR. U.S. v. Alan T. Wheeler. CCA 20160387. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to July 14, 2017.
No. 17-0490/AF. U.S. v. Jacob A. Chambers.
CCA 38975.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to July 17, 2017.
No. 17-0491/AR. U.S. v. Nicholas S. Marcum. CCA 20150500. Appellant's
motion to extend time to file the supplement to the petition for grant of review
is granted to July 17, 2017.
Mandates Issued
No. 17-0028/CG. U.S. v. Shane E. Reese.
CCA 1422.
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