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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