UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 30, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0216/AR. U.S. v. Michael D. Trogdon. CCA 20160344.

No. 18-0217/MC. U.S. v. Caleb J. Frasure. CCA 201700030.

No. 18-0218/AR. U.S. v. Leonidas M. Brossette. CCA 20170095.

No. 18-0219/AF. U.S. v. Paul N. Small. CCA S32426.

 

Interlocutory Orders

 

No. 17-0604/AR. U.S. v. Christopher E. Christensen. CCA 20140372. Appellant's motion for leave to file a supplemental joint appendix is granted.

 

No. 18-0191/MC. U.S. v. Jack L. Grina. CCA 201700008. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to May 10, 2018.

 

No. 18-0206/AR. U.S. v. Benjamin C. Hill. CCA 20130331. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 16, 2018.

 

No. 18-0207/NA. U.S. v. James R. Freeman. CCA 201700043. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 16, 2018.

 

No. 18-0208/AR. U.S. v. Uvo T. Oghreikanone. CCA 20150447. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 17, 2018.

 

No. 18-0209/AR. U.S. v. Jeffrey G. Eugene. CCA 20160438. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 17, 2018.

 

No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 17, 2018.

 

No. 18-0212/AF. U.S. v. Brandon M. Anderson. CCA 39141. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 17, 2018.

 

No. 18-0213/AF. U.S. v. Brandon S. Justice. CCA 39162. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 17, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 27, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0208/AR. U.S. v. Uvo T. Oghreikanone. CCA 20150447.

No. 18-0209/AR. U.S. v. Jeffrey G. Eugene. CCA 20160438.

No. 18-0210/MC. U.S. v. Mark A. Thompson. CCA 201700243.

No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150.

No. 18-0212/AF. U.S. v. Brandon M. Anderson. CCA 39141.

No. 18-0213/AF. U.S. v. Brandon S. Justice. CCA 39162.

No. 18-0214/MC. U.S. v. Justin M. Abbott. CCA 201600375.

No. 18-0215/AR. U.S. v. Kristopher D. Folsom. CCA 20170263.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 26, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0206/AR. U.S. v. Benjamin C. Hill. CCA 20130331.

No. 18-0207/NA. U.S. v. James R. Freeman. CCA 201700043.

 

Petitions for Grant of Review Denied

 

No. 18-0161/AR. U.S. v. Alvin W. Bradley. CCA 20150752.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 25, 2018

 

Interlocutory Orders

 

No. 18-0204/MC. U.S. v. Dakota S. Toth. CCA 201700014. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 14, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 24, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0204/MC. U.S. v. Dakota S. Toth. CCA 201700014.

No. 18-0205/AR. U.S. v. Eric C. Hargrove. CCA 20160141.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 23, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0203/AR. U.S. v. Jenea R. Knight. CCA 20160608.

 

Petitions for Grant of Review Denied

 

No. 18-0145/AF. U.S. v. Richard P. Hamric III. CCA 39096.

No. 18-0155/AR. U.S. v. Diego D. Hurelfernandez. CCA 20160371.

No. 18-0168/AR. U.S. v. Lateisha D. Parker-Sellers. CCA 20160400.

No. 18-0172/AR. U.S. v. Kareem J. Harrison. CCA 20170310.

No. 18-0178/AR. U.S. v. Fredyshernan Contreras-Ramos. CCA 20160182.

 

Orders Granting Petition for Review

 

No. 18-0135/AF. U.S. v. Darion A. Hamilton. CCA 39085. 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.   ARE VICTIM IMPACT STATEMENTS ADMITTED PURSUANT TO R.C.M. 1001A EVIDENCE SUBJECT TO THE MILITARY RULES OF EVIDENCE?

 

II.  WHETHER THE MILITARY JUDGE ERRED IN ADMITTING PROSECUTION EXHIBITS 4, 5, AND 6.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 19, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0202/AF. U.S. v. Colton T. Ballance. CCA 39150.

 

Miscellaneous Docket - Summary Dispositions

 

No. 18-0171/AR. U.S. v. Thomas M. Adams. CCA 20170581. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is hereby denied without prejudice to Appellant's right to raise the issue asserted during the course of normal appellate review.

 

Interlocutory Orders

 

No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. On consideration of the motion for leave to file an amicus curiae brief, and for relief from Rule 26(d), it is ordered that the motion is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 18, 2018

 

Petitions for Grant of Review Denied

 

No. 18-0098/AR. U.S. v. Gabriel C. Garcia. CCA 20130660.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 18-0087/AF. U.S. v. Jonathan P. Robertson. CCA 39061. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, and in light of United States v. Guardado, 77 M.J. 90 (C.A.A.F. 2017), it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE UNCONSTITUTIONAL PROPENSITY INSTRUCTION IN THIS CASE WAS HARMLESS BEYOND A REASONABLE DOUBT.

 

The decision of the United States Air Force Court of Criminal Appeals is reversed as to the Charge and Specification 3 thereunder and the sentence. The findings of guilty as to the Charge and Specification 3 thereunder and the sentence are set aside. The record is returned to the Judge Advocate General of the Air Force. A rehearing is authorized.

 

No. 18-0101/AF. U.S. v. Xavier L. Rice. CCA 39071. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, and in light of United States v. Guardado, 77 M.J. 90 (C.A.A.F. 2017), it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE COURT OF CRIMINAL APPEALS ERRED IN DECIDING THAT A PROPENSITY INSTRUCTION IN VIOLATION OF UNITED STATES v. HILLS WAS HARMLESS BEYOND A REASONABLE DOUBT BECAUSE IT DID NOT CONTRIBUTE TO THE VERDICT.

 

The decision of the United States Air Force Court of Criminal Appeals is reversed as to Specifications 3, 4, and 5 of the Charge and the sentence. The findings of guilty as to Specifications 3, 4, and 5 of the Charge and the sentence are set aside. 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 order a rehearing on Specifications 3, 4, and 5 of the Charge and the sentence.

 

No. 18-0122/AF. U.S. v. Corey J. Campbell. CCA 388075. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, and in light of United States v. Guardado, 77 M.J. 90 (C.A.A.F. 2017), it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE AIR FORCE COURT INCORRECTLY FOUND THAT A MILITARY JUDGE'S IMPERMISSIBLE USE OF PROPENSITY EVIDENCE WAS HARMLESS BEYOND A REASONABLE DOUBT.

 

The decision of the United States Air Force Court of Criminal Appeals is reversed as to Charge I and Specification 4 thereunder, Additional Charge I and Specifications 1 and 2 thereunder, and the sentence. The findings of guilty as to Charge I and Specification 4 thereunder, Additional Charge I and Specifications 1 and 2 thereunder, and the sentence are set aside. 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 order a rehearing on Charge I and Specification 4 thereunder, Additional Charge I and Specifications 1 and 2 thereunder, and the sentence.

 

Interlocutory Orders

 

No. 18-0200/AR. U.S. v. Dwight D. Harris, Jr. CCA 20131045. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 7, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 17, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0201/AR. U.S. v. Anthony M. Bodoh. CCA 20150218.

 

Interlocutory Orders

 

No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. Appellant's motion to extend time to file a reply brief is granted to May 3, 2018.

 

No. 18-0197/AR. U.S. v. Nicholas L. Frost. CCA 20160171. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 3, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 16, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0199/AR. U.S. v. Cornell B. Saunders. CCA 20170058.

No. 18-0200/AR. U.S. v. Dwight D. Harris, Jr. CCA 20131045.

 

Petitions for Grant of Review Denied

 

No. 18-0138/AF. U.S. v. Christopher W. Cluff. CCA 39091.

No. 18-0146/AR. U.S. v. Jacob E. Mauermann. CCA 20160531.

No. 18-0159/AF. U.S. v. Christopher J. Jones. CCA 39117.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 13, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0197/AR. U.S. v. Nicholas L. Frost. CCA 20160171.

No. 18-0198/AR. U.S. v. Nathan P. Cancellieri. CCA 20160525.

 

Interlocutory Orders

 

No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. Appellee's motion for leave to file a motion to clarify position in response to questions at oral argument is denied.

 

No. 17-0458/AF. U.S. v. Chad A. Blatney. CCA 2016-16. Appellant's motion to withdraw the petition for grant of review is granted without prejudice, and the order issued August 10, 2018, granting review is vacated.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 12, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0195/AR. U.S. v. Charles W. Wood. CCA 20160364.

No. 18-0196/AR. U.S. v. Jose D. Flores. CCA 20170050.

 

Mandates Issued

 

No. 17-0231/AR. U.S. v. Torrence A. Robinson. CCA 20140785.

No. 17-0504/AF. U.S. v. Hank W. Robinson. CCA 38942.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 11, 2018

 

Petition for Grant of Review Filed

 

No. 18-0194/MC. U.S. v. Justin W. Schmidt. CCA 201600421.

 

Petition for Grant of Review Denied

 

No. 18-0153/AF. U.S. v. Eric A. Hyler. CCA 39173.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 10, 2018

 

Interlocutory Orders

 

No. 18-0191/MC. U.S. v. Jack L. Grina. CCA 201700008. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 30, 2018.

 

No. 18-0193/NA. U.S. v. Taylor U. Jones. CCA 201700018. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 30, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 9, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0191/MC. U.S. v. Jack L. Grina. CCA 201700008.

No. 18-0192/AF. U.S. v. Thomas P. Edwards IV. CCA S32449.

No. 18-0193/NA. U.S. v. Taylor U. Jones. CCA 201700018.

 

Petitions for Grant of Review Denied

 

No. 18-0151/AF. U.S. v. Carl J. Lambertson. CCA 39120.

No. 18-0152/MC. U.S. v. Michael A. Lesh. CCA 201700247.

 

Mandate Issued

 

No. 17-0456/AF. U.S. v. Alexander S. Wheeler. CCA 38908.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 6, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0190/AR. U.S. v. Jonathan D. Cheek. CCA 20170119.

 

Petitions for Grant of Review Denied

 

No. 18-0131/NA. U.S. v. Brian J. Gardiner. CCA 201600337.

No. 18-0149/NA. U.S. v. Dillon C. Nye. CCA 201600362.

 

Interlocutory Orders

 

No. 18-0170/AF. U.S. v. India M. Pacheco. CCA S32428. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to April 19, 2018.

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 5, 2018

 

Mandates Issued

 

No. 17-0329/AR. U.S. v. Randy L. Simpson Jr., CCA 20140126.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 4, 2018

 

Interlocutory Orders

 

No. 18-0131/NA. U.S. v. Brian J. Gardiner. CCA 201600337. Appellee's motion to file a 10-day letter out of time is denied.

 

Hearings

 

No. 17-0608/AR. U.S. v. Randy E. Jones. CCA 20150370.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 3, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0187/AR. U.S. v. Danny J. Jackson. CCA 20160188.

No. 18-0188/AR. U.S. v. Utkur Rahmatullaev. CCA 20160769.

No. 18-0189/AR. U.S. v. Damon L. Fleming, Jr. CCA 20170165.

 

Interlocutory Orders

 

No. 18-0181/AR. U.S. v. Roberto Flores. CCA 20160252. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 18, 2018.

 

No. 18-0182/AR. U.S. v. Carl E. Ballinger. CCA 20160751. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 18, 2018.

 

No. 18-0183/NA. U.S. v. William A. Shields III. CCA 201600133. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 19, 2018.

 

No. 18-0185/AR. U.S. v. Robert C. Delmaster. CCA 20150593. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 19, 2018.

 

No. 18-0186/AR. U.S. v. Ryan P. Rummel. CCA 20170041. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 23, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 2, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0186/AR. U.S. v. Ryan P. Rummel. CCA 20170041.

 

Petitions for Grant of Review Denied

 

No. 18-0132/AF. U.S. v. Carlos R. Cassano. CCA 39915.

No. 18-0148/AF. U.S. v. Daniel T. Whiting. CCA S32420.



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