UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 31, 2017
Petitions for Grant of Review Filed
No. 17-0322/MC. U.S. v. Christopher Clugston. CCA
201500326.
No. 17-0323/AR. U.S. v. Antonio T. Moore. CCA
20140875.
No. 17-0324/AR. U.S. v. Antonio T. Moore. CCA
20150007.
No. 17-0325/AR. U.S. v. Jonathan R. Tremper. CCA
20150357.
Certificates for Review Filed
No. 17-0326/AF. U.S.
v. Joshua Katso. CCA 38005. Notice is hereby
given that a certificate for review of the decision of the United States Air
Force Court of Criminal Appeals was filed under Rule 22 on this date on the
following issues:
I. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS
ERRED WHEN IT HELD THAT UNITED STATES v. MILLER, 47 M.J.
352 (C.A.A.F. 1997) REQUIRED THE GOVERNMENT TO HOLD A
CONTINUED CONFINEMENT HEARING WITHIN 7 DAYS OF THE
JUDGE ADVOCATE GENERAL'S DECISION ON CERTIFICATION
II. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS
ERRED WHEN IT FOUND THAT GOVERNMENT'S FAILURE TO
HOLD A CONTINUED CONFINEMENT HEARING WITHIN 7 DAYS
OF THE JUDGE ADVOCATE GENERAL'S DECISION ON CERTIFICATION AUTOMATICALLY RESULTED IN DAY-FOR-DAY
SENTENCING CREDIT.
III. WHETHER APPELLEE WAS PREJUDICED WHEN THE
GOVERNMENT FAILED TO HOLD A CONTINUED CONFINEMENT
HEARING WITHIN 7 DAYS OF CERTIFICATION.
Appellant will file a brief under Rule
22(b) in support of said certificate on or before May 1, 2017.
Interlocutory Orders
No. 17-0285/AR. U.S. v. Gene N. Williams. CCA
20130582. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to April 14, 2017.
No. 17-0316/AR. U.S. v. William L. Mitcham. CCA
20140969. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to April 18, 2017.
No. 17-0317/AF. U.S. v. Jaren T. Bishop.
CCA 38879. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to April 18, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
March 30, 2017
Petitions for Grant of Review Filed
No. 17-0321/AR. U.S. v. Carlton D. Sharpe. CCA 20150101.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 29, 2017
Petitions for Grant of Review Filed
No. 17-0316/AR. U.S. v. William L. Mitcham. CCA 20140969.
No. 17-0317/AF. U.S. v. Jaren T. Bishop. CCA 38879.
No. 17-0318/AF. U.S. v. Devon Parr.
CCA 38878.
No. 17-0319/AR. U.S. v. Eric A. Ramos-Cruz. CCA 20150292.
No. 17-0320/AR. U.S. v. Eric K. McFadden. CCA 20140815.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 28, 2017
Petitions for Grant of Review Filed
No. 17-0313/AR. U.S. v. Richard A. Brooks. CCA 20160261.
No. 17-0314/AR. U.S. v. Michael J. Rosado DeJesus. CCA 20140087.
Petitions for Grant of Review Denied
No. 17-0246/AR. U.S. v. Trumel
K. Cox.
CCA
20160233.
No. 17-0251/AR. U.S. v. Aaron M. Nies. CCA 20140965.
Miscellaneous Docket - Filings
No. 17-0315/AF. Jeremy E. Hassett v. United States. 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. 17-0231/AR. U.S.
v. Torrence A. Robinson. CCA 20140785. 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
raised by Appellant:
I.
WHETHER THE MILITARY JUDGE ERRED BY
FAILING TO ADMIT CONSTITUTIONALLY REQUIRED EVIDENCE UNDER MILITARY RULE OF
EVIDENCE 412(b)(1)(C).
II. WHETHER THE
MILITARY JUDGE COMMITTED PLAIN ERROR WHEN HE FAILED TO INSTRUCT THE PANEL ON
THE MENS REA REQUIRED FOR THE SPECIFICATION OF CHARGE
I, WHICH INVOLVED AN ARTICLE 92, UCMJ, VIOLATION OF
ARMY REGULATION 600-20.
And
the following issue specified by the Court:
III.
WHETHER THE EVIDENCE WAS LEGALLY SUFFICIENT TO ESTABLISH THAT APPELLANT KNEW OR
REASONABLY SHOULD HAVE KNOWN THAT SPC VM WAS TOO INTOXICATED TO CONSENT TO A SEXUAL ACT.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 20150010. Appellant's motion to extend time to file a brief
is hereby granted to April 3, 2017.
No. 17-0257/AR. U.S. v. Daren L. Humphrey. CCA 20160518. On
consideration of Appellant's motion to withdraw the petition for grant of
review, it is ordered that said motion is hereby denied without prejudice to
resubmitting a motion that complies with C.A.A.F.
Rule 21(f)(1)-(3).
No. 17-0308/AR. U.S. v. Dwayne M. Williams. CCA 20140924. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 12, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
March 27, 2017
Petitions for Grant of Review Filed
No. 17-0311/AR. U.S. v. Jonathan B. Polk. CCA 20160433.
No. 17-0312/AR. U.S. v. Thomas J. Watford. CCA 20150549.
Petitions for Grant of Review Denied
No. 17-0255/AF. U.S. v. Joseph R. Fears.
CCA
S32331.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 24, 2017
Petitions for Grant of Review Filed
No. 17-0308/AR. U.S. v. Dwayne M. Williams. CCA 20140924.
No. 17-0309/AR. U.S. v. Michael A. Updegrove. CCA 20160166.
Petitions for Grant of Review Denied
No. 17-0195/AF. U.S. v. Elis M. Lasalle. CCA 38831. 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 one of the findings of
guilty, set aside the other finding 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. 17-0310/AF. Joshua Katso,
Petitioner v. Christopher F. Burne, Lieutenant
General, United States Air Force, in his official capacity as Judge Advocate
General of the United States, and Katherine E. Oler, Colonel, United States Air
Force, in her official capacity as Chief of the United States Air Force
Government Trial and Appellate Counsel Division. CCA 38005. Notice is hereby
given that a petition for extraordinary relief in the nature of a petition for
writ of prohibition was filed under Rule 27(a) on this date.
Interlocutory Orders
No. 16-0705/AR. U.S. v. Sean R. Erikson. CCA 20150130. On
consideration of the motion filed by Protect Our
Defenders to file an amicus curiae
brief concerning the constitutionality of considering a victim's privacy under Mil.R.Evid. 412, it is ordered that said motion is hereby
denied.
No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. Appellant's
motion for thirty minutes of argument is denied.
No. 17-0233/AR. U.S. v. Nija D.
Jones.
CCA
20150189. Appellant's motion to supplement the record granted.
No. 17-0306/AF. U.S. v. Joseph A. Pugh.
CCA
2016-11. Appellant's motion to extend time to file the supplement to the
petition for grant of review granted to April 12, 2017.
Petitions for Reconsideration Denied
No. 17-0072/AR. U.S. v. Ojay R.
Woods, Jr. CCA 20150016. Appellant's petition
for reconsideration of the order issued by the Court on January 23, 2017 is
hereby denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
March 23, 2017
Petitions for Grant of Review Filed
No. 17-0301/AR. U.S. v. Mario C. Samaniego. CCA 20160135.
No. 17-0302/AR. U.S. v. Michael S. Knoop. CCA 20160353.
No. 17-0303/AR. U.S. v. Jeffrey I. Averett,
Jr. CCA 20160669.
No. 17-0304/AR. U.S. v. Jeremy J. Edwards. CCA 20160432.
No. 17-0305/AR. U.S. v. Marcus A. Barksdale, Jr. CCA 20160587.
No. 17-0306/AF. U.S. v. Joseph A. Pugh.
CCA
2016-11.
Miscellaneous Docket - Filings
No.
17-0307/AR. Robert B. Bergdahl, Appellant v. Jeffrey
R. Nance, Colonel, J.A. Military Judge, and United
States. CCA 20170114. Notice is hereby given that a writ-appeal
petition for review of the decision of the United States Army Court of Criminal
Appeals on a petition for a writ of mandamus was filed under Rule 27(b) on this
date.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 22, 2017
Petitions for Grant of Review Filed
No. 17-0300/AR. U.S. v. Joseph B. Campbell. CCA 20140305.
Petitions for Grant of Review Denied
No. 17-0250/MC. U.S. v. Thomas M. Carnahan. CCA 201600020.
Interlocutory Orders
No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. On
consideration of the motion filed by Professor Stephen F. Smith to appear pro hac vice as counsel of record for amicus curiae Dominic Barceleau, and
motion to submit oral argument by student on behalf of Appellee,
it is ordered that said motions are hereby granted, and that amicus curiae will be allotted 10
minutes to present oral argument.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 21, 2017
Petitions for Grant of Review Filed
No. 17-0296/AR. U.S. v. Colby D. Hunsaker. CCA
20160723.
No. 17-0297/AR. U.S. v. Aaron M. Yepezstash. CCA
20160552.
No. 17-0298/AR. U.S. v. Dwight D. Harris. CCA
20131045.
No. 17-0299/AR. U.S. v. Jacob B. Powell. CCA
20150775.
Petitions for Grant of Review Denied
No. 17-0182/NA. U.S. v. Richard P.
Trotter. CCA 201500332.
Orders Granting Petition for Review
No. 17-0187/AR. U.S.
v. Brian G. Short. CCA 20150320. 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 GOVERNMENT COUNSEL COMMITTED PROSECUTORIAL
MISCONDUCT WHEN THEY MADE IMPROPER ARGUMENT AFTER REPEATEDLY ELICITING
INADMISSIBLE TESTIMONY.
Briefs
will be filed under Rule 25.
No. 17-0200/AR. U.S.
v. Carlos A. Gonzalez-Gomez. CCA 20121100. 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 DILATORY POST-TRIAL PROCESSING VIOLATED
APPELLANT'S DUE PROCESS RIGHTS AND WARRANTS RELIEF WHEN 782 DAYS ELAPSED
BETWEEN DOCKETING AT THE ARMY COURT AND OPINION.
Briefs
will be filed under Rule 25.
No. 17-0203/AR. U.S.
v. David L. Jerkins. CCA 20140071. 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 MILITARY JUDGE ABUSED HER DISCRETION BY ALLOWING A GENERAL OFFICER
MEMORANDUM OF REPRIMAND INTO SENTENCING EVIDENCE WHERE THE REPRIMAND WAS ISSUED
TWO WEEKS BEFORE THE COURT-MARTIAL AND CONTAINED HIGHLY PREJUDICIAL AND
MISLEADING LANGUAGE.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 16-0599/AR. U.S. v. Jared D. Herrmann. CCA 20131064. On
consideration of the motion filed by Professor Lauren E. Bartlett to appear pro
hac vice as counsel of record for amicus curiae Christopher M. Calpin, and motion by amicus
curiae Christopher M. Calpin to submit oral
argument, it is ordered that said motions are hereby granted, and that amicus curiae will be allotted 10
minutes to present oral argument.
No. 17-0153/AR. United States, Appellant v. Edward J.
Mitchell II, Appellee. CCA 20150776. On consideration
of the motion filed by Professor Jimmy Gurulé to appear pro hac vice as counsel
of record for amicus curiae Sean
Patrick Flynn and Alyssa Hughes, motion to submit oral argument by Notre Dame
law Students in support of Appellant, and motion to submit a corrected amicus curiae brief, it is ordered that
said motions are hereby granted, and that amicus
curiae will be allotted 10 minutes to present oral argument.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
March 20, 2017
Petitions for Grant of Review Denied
No. 17-0150/AF. U.S. v. Anthony M. Flackus. CCA 38847.
No. 17-0181/NA. U.S. v. Shane D. Manuel.
CCA
201600105.
No. 17-0191/NA. U.S. v. Alexey N. Gebert. CCA 201500381.
No. 17-0204/AR. U.S. v. Joshua A. Marks. CCA 20150428.
No. 17-0209/AR. U.S. v. Tyre L.
Taylor.
CCA
20160038.
No. 17-0223/MC. U.S. v. Andrew R. Harden. CCA 201600063.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0169/AF. U.S. v. Marcus A. Mancini. CCA 38783. On consideration of Appellee's motion to dismiss the petition for grant of
review for lack of jurisdiction, it is ordered that said motion is hereby
granted without prejudice to Appellant's right to file a petition during the
course of normal appellate review.
No. 17-0196/AF. U.S. v. Paul D. Voorhees. CCA 38836. On consideration of Appellee's motion to dismiss the petition for grant of
review for lack of jurisdiction, it is ordered that said motion is hereby
granted without prejudice to Appellant's right to file a petition during the course
of normal appellate review.
Interlocutory Orders
No. 17-0077/AR. U.S. v. Salvador Jimenez-Victoria. CCA 20140733. Appellant's
motion to consider additional matters out of time is denied.
No. 17-0086/AF. United States,
Appellant/Cross-Appellee v. Patrick Carter, Appellee/Cross-Appellant. CCA 38708. Appellant/Cross-Appellee's
motion to dismiss the petition for grant of review is denied.
No. 17-0148/AF. U.S. v. Stephan H.
Claxton. CCA 38188. On further consideration of the Order Granting
Review issued February 3, 2017, it is ordered that the portion of the Order
Granting Review of Issue I is hereby vacated, and that Issue II will be briefed
and heard at oral argument on May 9, 2017.
No. 17-0182/NA. U.S. v. Richard P.
Trotter. CCA 201500332. Appellee's motion to
file an answer to the supplement to the petition for grant of review out of
time is denied.
No. 17-0290/AF. U.S. v. Andrew I. Lutcza. CCA 2016-13. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 6, 2017.
No. 17-0291/NA. U.S. v. Darin G. Lopez.
CCA
201400373. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to April 6, 2017.
No. 17-0294/AR. U.S. v. James R. Reed. CCA 20150284. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to March 31, 2017.
No. 17-0295/AR. U.S. v. Harry J. Ciborowski. CCA 20150544. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 6, 2017.
Mandates Issued
No. 16-0611/AF. U.S. v. Richard K. Price,
Jr. CCA S32330.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 17, 2017
Petitions for Grant of Review Filed
No. 17-0290/AF. U.S. v. Andrew I. Lutcza. CCA 2016-13.
No. 17-0291/NA. U.S. v. Darin G. Lopez.
CCA
201400373.
No. 17-0292/AR. U.S. v. Eric D. Shorts. CCA 20140721.
No. 17-0293/AR. U.S. v. Edgar Huertalopez. CCA 20150059.
No. 17-0294/AR. U.S. v. James R. Reed. CCA 20150284.
No. 17-0295/AR. U.S. v. Harry J. Ciborowski. CCA 20150544.
Petitions for Grant of Review Denied
No. 17-0163/MC. U.S. v. Joseph J. Faggiole. CCA 201600038.
No. 17-0218/AR. U.S. v. Ryan S. Suleski. CCA 20160050.
No. 17-0243/MC. U.S. v. Devin G. Angiolini. CCA 201600014.
Interlocutory Orders
No. 16-0475/AF. U.S. v. Nathan G.
Wilson-Crow. CCA 38706. On consideration of the Hearing Notice issued
February 21, 2017, setting the above-mentioned casefor
oral argument, it is ordered that said Hearing Notice is hereby vacated.
No. 16-0586/MC. U.S. v. Nhubu
C. Chikaka. CCA 201400251. In view of the recusal of Judge Margaret A.
Ryan, 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 case, and
that Senior Judge Cox has consented to perform judicial duties in said case under
Article 142(e)(1)(A)(iii), Uniform Code of Military
Justice, 10 U.S.C. § 942(e)(1)(A)(iii) (2012).
No. 16-0727/AF. U.S. v. James W. Richards
IV. CCA 38346. Appellant's motion to correct errata in oral argument
is granted.
No. 17-0037/AF. U.S. v. Cory D. Phillips.
CCAS38771. On consideration of the Hearing Notice issued February 21, 2017,
setting the above-mentioned case for oral argument, it is ordered that said
Hearing Notice is hereby vacated.
No. 17-0207/AR. U.S. v. David Montoya. CCA 20150211. On
consideration of Appellant's petition for grant of review of the decision of
the United States Army Court of Criminal Appeals, and the Appellee's
general opposition letter, it is ordered that, with regard to the third issue
raised pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982),
involving text messages, appellate defense counsel will file an additional
supplement on said issue within 20 days of the date of this order. Appellee may answer within 20 days of the filing of the
additional supplement.
No. 17-0227/MC. U.S. v. David Montalvo
III.
CCA
201400241. 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, but only up to and including March 31, 2017, and
absent extraordinary circumstances, no further extension of time will be
granted in this case.
No. 17-0286/AF. U.S. v. Eldridge S. Jones,
Jr. CCA 38859. Appellant's motion to extend
time to file the supplement to the petition for grant of review granted to
April 3, 2017.
No. 17-0287/NA. U.S. v. Andrew A. Sholtes. CCA 201500230. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 5, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
March 16, 2017
Petitions for Grant of Review Filed
No. 17-0287/NA. U.S. v. Andrew A. Sholtes. CCA 201500230.
No. 17-0288/AR. U.S. v. Stephon
D. Threat.
CCA
20160593.
No. 17-0289/AR. U.S. v. Francis A. Carista,
Jr. CCA 20150243.
Interlocutory Orders
No. 16-0586/MC. U.S. v. Nhubu
C. Chikaka. CCA 201400251. On consideration of Appellee's
motion to strike Appellant's brief, motion to strike pages from the joint
appendix, motion for exception to the rule, motion to correct errata, corrected
motion to strike Appellant's brief, and corrected motion to strike pages from
the joint appendix, it is ordered that Appellee's
motions to correct errata and for exception to the rule, are hereby granted; Appellee's corrected motion to strike pages from the joint
appendix and corrected motion to strike Appellant's brief are hereby denied;
and Appellee's motions to strike pages from the joint
appendix and to strike Appellant's brief are hereby denied as moot.
* Judge Ryan did not participate.
Hearings
No. 17-0028/CG. U.S. v. Shane E. Reese.
CCA 1422.
No. 16-0731/AR. U.S. v. Austin L. Hendrix. CCA 20140476.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 15, 2017
Hearings
No. 16-0727/AF. U.S. v. James W. Richards
IV. CCA 38346.
No. 17-0139/AR. U.S. v. Justin M. Gurczynski. CCA 20160402.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 14, 2017
Petitions for Grant of Review Filed
No. 17-0286/AF. U.S. v. Eldridge S. Jones,
Jr. CCA 38859. UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES DAILY
JOURNAL Monday,
March 13, 2017 Petitions for Grant of Review Filed No. 17-0282/AF. U.S. v. Michael R. Lightsey. CCA 38851. No. 17-0283/NA. U.S. v. Jeffery J. Quichocho. CCA 201500297. No. 17-0284/MC. U.S. v. Victor A. Hurtado. CCA 201500051. No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Interlocutory Orders No. 17-0281/AR. U.S. v. Kaitlin Shave. CCA 20160048. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to March 30, 2017. No. 17-0283/NA. U.S. v. Jeffery J. Quichocho. CCA 201500297. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 4, 2017. No. 17-0284/MC. U.S. v. Victor A. Hurtado. CCA 201500051. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 4, 2017. No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 4, 2017. Mandates Issued No. 16-0424/MC. U.S. v. Mark J. Rosario. CCA 201500251. UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES DAILY
JOURNAL Friday,
March 10, 2017 Petitions for Grant of Review Filed No. 17-0279/AF. U.S. v. Craig A. Bonnett II. CCA S32345 No. 17-0280/AR. U.S. v. Joshua A. Kundradurham. CCA 20160059. No. 17-0281/AR. U.S. v. Kaitlin Shave. CCA 20160048. Mandates Issued No. 16-0301/AR. U.S. v. Luis G. Nieto. CCA 20150386. UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES DAILY
JOURNAL Thursday,
March 9, 2017 Petitions for Grant of Review Denied No. 17-0214/AR. U.S. v. Christopher L. Aaron. CCA 20160081. No. 17-0221/AF. U.S. v. Gerald L. West.
CCA 38993. UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES DAILY
JOURNAL Wednesday,
March 8, 2017 Petitions for Grant of Review Denied No. 17-0201/AR. U.S. v. Donald L. Brown II. CCA 20160241. Petitions for Grant of Review -
Summary Dispositions No. 17-0226/AF. U.S. v. Dorian K. Owens. CCA 38834. 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 COURT OF CRIMINAL APPEALS VIOLATED APPELLANT'S
FIFTH AMENDMENT RIGHT AGAINST DOUBLE JEOPARDY WHEN IT AFFIRMED A CONVICTION FOR
THE LESSER-INCLUDED OFFENSE OF SEXUAL ASSAULT BY BODILY HARM, WHEN APPELLANT
WAS CHARGED WITH THAT SAME OFFENSE AT TRIAL AND ACQUITTED BY A PANEL OF
OFFICERS. The
decision of the United States Air Force Court of Criminal Appeals is reversed
as to Specification 4 of Charge II. The finding of guilty as to that specification
is set aside, and the specification is dismissed. The remaining findings are
affirmed. The record is returned to the Judge Advocate General of the Air Force
for remand to the Court of Criminal Appeals. That court may reassess the
sentence based on the affirmed findings. UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES DAILY
JOURNAL Tuesday,
March 7, 2017 Petitions for Grant of Review Filed No. 17-0274/AR. U.S. v. Victor D. Wilson. CCA 20140220. No. 17-0275/AR. U.S. v. Gavin C. Hirsch. CCA 20160416. No. 17-0276/AR. U.S. v. Dennis Bailon. CCA 20160240. No. 17-0277/AR. U.S. v. Joseph R. Thurman. CCA 20160482. Petitions for Grant
of Review Denied No. 17-0212/AR. U.S. v. Craig M. Collins, Jr.
CCA 20150271. Miscellaneous Docket – Petitions Filed No.
17-0278/AR. Ronald E.V. Layton, Appellant, v. United
States, Appellee. CCA 20160756. Notice is
hereby given that a writ-appeal petition of the decision of the United States
Army Court of Criminal Appeals on application for extraordinary relief in the
nature of a writ of habeas corpus was filed under Rule 27(b). Interlocutory Orders No. 17-0272/AF. U.S. v. Sean J. Chero. CCA 38470. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to March 27, 2017. UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES DAILY
JOURNAL Monday,
March 6, 2017 Petitions for Grant of Review Filed No. 17-0269/AR. U.S. v. Michael J. Slater. CCA 20150494. No. 17-0270/AR. U.S. v. Loren R. Berg. CCA 20150548. No. 17-0271/AR. U.S. v. Brandon C. Patterson. CCA 20150325. No. 17-0272/AF. U.S. v. Sean J. Chero. CCA 38470. No. 17-0273/AF. U.S. v. Matthew C. Hudson.
CCA 38846. Miscellaneous Docket - Summary
Dispositions No. 17-0232/AF. Devin J. Vanhise,
Petitioner v. The United States Air Force Court of Criminal
Appeals, Respondent. CCA 38882. On consideration of the petition for extraordinary
relief in the nature of a writ of mandamus, and Respondent's motion to attach
the decision of the United States Air Force Court of Criminal Appeals, it is
ordered that said motion is hereby granted, and that said petition is hereby
denied. Interlocutory Orders No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. It is
ordered that the briefs of the Appellant and Appellee,
and the reply of the Appellant, if any, in the above-captioned case may be
filed electronically, but should counsel file said pleadings in a paper format,
such pleadings shall conform in all respects to the requirements of Rule 37(a),
Rules of Practice and Procedure, with the additional requirement that they be
printed on 3-hole pre-punched paper. Additionally, the joint appendix shall be
printed on 3-hole pre-punched paper and otherwise comply in all respects with
Rule 24(f)(2). The briefs and the reply, if any, shall
be divided into the following parts: Part
A shall set forth systemic issues and case-specific issues raised before the
Court of Criminal Appeals but not previously decided by this Court. Part
B shall set forth all issues not raised before the court below. Part
C shall set forth systemic issues previously decided by this Court but raised to avoid waiver; these issues may be listed without
argument as an exception to Rule 24(a), but must cite pertinent authority to
support the position taken.
All
exhibits cited in the pleadings filed before this Court shall be included in
the joint appendix.
No. 17-0265/CG. U.S. v. Colby C. Bailey.
CCA 1428.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to March 23, 2017. UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES DAILY
JOURNAL Friday,
March 3, 2017 Petitions for Grant of Review Filed No. 17-0264/AR. U.S. v. Cory R. Hickerson. CCA 20150797. No. 17-0265/CG. U.S. v. Colby C. Bailey.
CCA 1428. No. 17-0266/AR. U.S. v. Jesse E. Bullock, Jr. CCA 20160347. No. 17-0267/AR. U.S. v. LaDonte
A. Smith.
CCA
20160480. No. 17-0268/AF. U.S. v. Brian L. Walters.
CCA
2016-12. Petitions for Grant of Review Denied No. 17-0184/MC. U.S. v. Ronald Montano. CCA 201400230. Petitions for Grant of Review -
Summary Dispositions No. 17-0167/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, it is ordered that said petition is hereby granted
on the following issue: WHETHER
THE ARMY COURT OF CRIMINAL APPEALS ERRED BY AFFIRMING APPELLANT'S CONVICTION OF
SPECIFICATION 1 OF CHARGE IV WHERE THE FINDINGS OF THE COURT-MARTIAL FAILED TO
REFLECT WHICH OF SEVERAL ALLEGED OFFENSES CONSTITUTED THE OFFENSE. The
decision of the United States Army Court of Criminal Appeals is reversed as to
Specification 1 of Charge IV. The finding of guilty as to that specification is
set aside, and the specification is dismissed. The remaining findings are
affirmed. The record is returned to the Judge Advocate General of the Army for
remand to the Court of Criminal Appeals. That court may reassess the sentence
based on the affirmed findings.
Orders Granting Petition for Review No. 17-0183/AR. U.S.
v. Alan S. Guardado. CCA 20140014. 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
THE ARMY COURT INCORRECTLY FOUND THAT THE MILITARY JUDGE'S PANEL INSTRUCTIONS
WERE HARMLESS ERROR IN LIGHT OF UNITED STATES v. HILLS. II. WHETHER THE ARMY
COURT INCORRECTLY RULED THAT AN OFFENSE DEFINED BY THE PRESIDENT CANNOT PREEMPT
A GENERAL ARTICLE 134, UCMJ, OFFENSE, AND THAT
PREEMPTION IS NOT JURISDICTIONAL IN SUCH CIRCUMSTANCES. Briefs
will be filed under Rule 25 on Issue I only. Interlocutory Orders No. 17-0139/AR. U.S. v. Justin M. Gurczynski. CCA 20160402. Appellee's motion to amend the reply brief is granted. 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 to present oral
argument, it is ordered that said motion is hereby denied. No. 17-0227/MC. U.S. v. David Montalvo
III.
CCA
201400241. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to March 16, 2017 No. 17-0262/AR. U.S. v. Charles Maston. CCA 20140537. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to March 21, 2017. Mandates Issued No. 16-0296/AF. U.S. v. Joseph R. Dockery
III. CCA 38624. UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES DAILY
JOURNAL Thursday,
March 2, 2017 Petitions for Grant of Review -
Summary Dispositions No. 17-0190/AR. U.S.
v. Issac G. Aguigui. CCA 20140260. 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 be,
and the same is hereby dismissed without prejudice to Appellant's right to
raise the matters asserted during the normal course of appellate review. Mandatory Review Case Filed No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES DAILY
JOURNAL Wednesday,
March 1, 2017 Petitions for Grant of Review Filed No. 17-0262/AR. U.S. v. Charles Maston. CCA 20140537. Petitions for Grant of Review -
Summary Dispositions No. 17-0213/AR. U.S.
v. Ahessan H. Ali. CCA 20150366. 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 promulgating order be
corrected to reflect that the Charge was a violation of Article 134, UCMJ, vice Article 120. Orders Granting Petition for Review No. 16-0729/NA. U.S. v. Brandon G. Darnall.
CCA
20150010. 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 MILITARY JUDGE ERRED IN FAILING TO SUPPRESS
EVIDENCE DIRECTLY FLOWING FROM THE ILLEGAL APPREHENSION OF APPELLANT, WHETHER
THE NMCCA RULING UPHOLDING THIS DECISION CONFLATED
REASONABLE SUSPICION WITH PROBABLE CAUSE, AND WHETHER THIS DECISION SHOULD BE
REVERSED.
Briefs
will be filed under Rule 25. Appellant's brief shall be filed within 25 days of
the date of this order. Appellee's brief shall be
filed within 25 days of the filing of the Appellant's brief. Appellant may file
a reply brief within 5 days of the filing of Appellee's
brief.
Interlocutory Orders
No. 17-0148/AF. U.S. v. Stephan H.
Claxton. CCA 38188. Appellant's motion to extend time to file a brief
and a joint appendix granted to March 17, 2017.
No. 17-0222/AF. U.S. v. Yogendra Rambharose. CCA 38769.
Appellant's motion to file a corrected supplement to the petition for grant of
review granted.
Hearings
No. 16-0705/AR. U.S. v. Sean R. Erikson. CCA 20150130.
No. 17-0032/AR. U.S. v. Sean M. Ahern. CCA 20130822.
Petitions for New Trial - Summary
Dispositions
No. 17-0068/AF. U.S. v. Andre K. Lewis. CCA 38671. On consideration of the petition for
new trial, it is ordered that said petition be, and
the same is hereby denied.
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