UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 31, 2018

 

Petitions for Grant of Review Denied

 

No. 18-0320/AR. U.S. v. Oshea D. Miller. CCA 20160422.

No. 18-0321/NA. U.S. v. Troy D. Biggham. CCA 201700348.

 

Interlocutory Orders

 

No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. On consideration of the motion filed by J. Andrew Kent, Professor of Law, Fordham University School of Law to participate in oral argument as amicus curiae in support of Appellant, it is ordered that the motion is granted, and that student amicus curiae will be allotted 10 minutes to present oral argument.

 

No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. On consideration of the motion filed by Thomas H. Lee, Leitner Family Professor of Law, Fordham University School of Law to participate in oral argument as amicus curiae in support of Appellee, it is ordered that the motion is granted, and that student amicus curiae will be allotted 10 minutes to present oral argument.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 30, 2018

 

Petitions for Grant of Review Denied

 

No. 18-0255/AF. U.S. v. Micah J. Carroll. CCA 39160.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 29, 2018

 

Interlocutory Orders

 

No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. On consideration of the motion filed by J. Andrew Kent, Professor of Law, Fordham University School to appear as amicus curiae in support of Appellant, it is ordered that the motion is granted.

 

No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. On consideration of the motion filed by Thomas H. Lee, Leitner Family Professor of Law, Fordham University School of Law to appear as amicus curiae in support of Appellee, it is ordered that the motion is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 28, 2018

 

Interlocutory Orders

 

No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. On consideration of the motion filed by J. Andrew Kent, Professor of Law, Fordham University School of Law, and Thomas H. Lee, Leitner Family Professor of Law, Fordham University School of Law to appear pro hac vice, it is ordered that the motion is granted.

 

No. 18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393. Appellant's motion to extend time to file a brief granted to October 10, 2018.

 

No. 18-0323/AF. U.S. v. Marc A. Sims. CCA 39209. Appellant's motion to file the supplement to the petition for grant of review under seal is granted.

 

No. 18-0349/AF. U.S. v. Thomas G. Arnold. CCA 39194. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 17, 2018.

 

No. 18-0350/CG. U.S. v. Michael R. Rodriguez. CCA 1450. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 17, 2018.

 

No. 18-0352/MC. U.S. v. Martinzie G. Watkins. CCA 201700073. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 17, 2018.

 

No. 18-0353/AR. U.S. v. Calvin R. Gibbs. CCA 20110998. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 17, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 27, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0350/CG. U.S. v. Michael R. Rodriguez. CCA 1450.

No. 18-0351/AR. U.S. v. Aaron D. Jesko. CCA 20160439.

No. 18-0352/MC. U.S. v. Martinzie G. Watkins. CCA 201700073.

No. 18-0353/AR. U.S. v. Calvin R. Gibbs. CCA 20110998.

 

Petitions for Grant of Review Denied

 

No. 18-0307/AF. U.S. v. Paul R. Schweitzer. CCA 39212.

No. 18-0313/MC. U.S. v. Christopher T. Pena. CCA 201700327.

 

Orders Granting Petition for Review

 

No. 18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393. 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 WHEN HE DENIED THE DEFENSE MOTION TO SUPPRESS EVIDENCE OF CONDUCT FOR WHICH APPELLANT HAD BEEN ACQUITTED AT HIS FIRST TRIAL.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 24, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0348/AF. U.S. v. Luan F. Jungklaus Dadona. CCA 39202.

No. 18-0349/AF. U.S. v. Thomas G. Arnold. CCA 39194.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 23, 2018

 

Interlocutory Orders

 

No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150. Appellant's motion to extend time to file a brief is granted to September 10, 2018.

 

No. 18-0347/AR. U.S. v. Michael J. Gonzales. CCA 20130849. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 12, 2018.

 

Petitions for Reconsideration Denied

 

No. 18-0298/AR. U.S. v. David L. Jerkins. CCA 20140071. Appellant's petition for reconsideration of the Court's order issued July 30, 2018 is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 22, 2018

 

Petition for Grant of Review Filed

 

No. 18-0347/AR. U.S. v. Michael J. Gonzales. CCA 20130849.

 

Petitions for Grant of Review Denied

 

No. 18-0260/MC. U.S. v. Gerardo R. Gomez. CCA 201600331.

No. 18-0262/AF. U.S. v. Kenneth W. Frank, Jr. CCA 38854.

No. 18-0269/AR. U.S. v. Jose A. Avila, Jr. CCA 20170460.

No. 18-0270/CG. U.S. v. Michael H. Shermot. CCA 1447.

No. 18-0294/AR. U.S. v. Bruce W. Wimberly. CCA 20160077.

No. 18-0301/AR. U.S. v. Derrell L. Davis. CCA 20170418.

No. 18-0306/AR. U.S. v. Lyndon T. Walker. CCA 20170285.

 

Appeals Summary Disposition

 

No. 18-0114/MC. U.S. v. Steven M. Larrabee. CCA 201700075. On further consideration of the granted issue, 77 M.J. 328 (C.A.A.F. 2018), and in light of United States v. Dinger, 77 M.J. 447 (C.A.A.F. 2018), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.

 

Order Granting Petition for Review

 

No. 16-0711/AF. U.S. v. Michael J.D. Briggs. CCA 38730. On further consideration in light of the remand from the Supreme Court of the United States, it is ordered that the above-entitled case is granted review on the following issues:

 

I. DOES THE 2006 AMENDMENT TO ARTICLE 43, UCMJ, CLARIFYING THAT RAPE IS AN OFFENSE WITH NO STATUTE OF LIMITATIONS, APPLY RETROACTIVELY TO OFFENSES COMMITTED BEFORE ENACTMENT OF THE AMENDMENT BUT FOR WHICH THE THEN EXTANT STATUTE OF LIMITATIONS HAD NOT EXPIRED?

 

II. CAN APPELLANT SUCCESSFULLY RAISE A STATUTE OF LIMITATIONS DEFENSE FOR THE FIRST TIME ON APPEAL?

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 18-0341/MC. U.S. v. Anthony M. Jones. CCA 201800084. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 11, 2018.

 

No. 18-0344/AR. U.S. v. Scott E. Morgan. CCA 20160573. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 11, 2018.

 

No. 18-0345/AR. U.S. v. Joel T. Elhardt. CCA 20170182. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 11, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 21, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0345/AR. U.S. v. Joel T. Elhardt. CCA 20170182.

No. 18-0346/AR. U.S. v. Robert W. Baucom. CCA 20160772.

 

Petitions for Grant of Review Denied

 

No. 18-0272/AR. U.S. v. Scott W. Koch. CCA 20160107.

No. 18-0297/AF. U.S. Blake R. Poynor. CCA 39185.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 20, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0341/MC. U.S. v. Anthony M. Jones. CCA 201800084.

No. 18-0342/AF. U.S. v. Troy C. Hodge. CCA 39259.

No. 18-0343/AR. U.S. v. Lloyd L. Lee. CCA 20170016.

No. 18-0344/AR. U.S. v. Scott E. Morgan. CCA 20160573.

 

Miscellaneous Docket - Filings

 

No. 18-0340/MC. U.S. v. Edwin A. Ehlers II. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of coram nobus under the All Writs Act, 28 U.S.C. 1651 (a), was received on August 16, 2018, and placed on the docket this date.

 

Interlocutory Orders

 

No. 18-0201/AR. U.S. v. Anthony M. Bodoh. CCA 20150218. Appellant's second motion to extend time to file a brief granted to September 6, 2018.

 

No. 18-0267/AR. U.S. v. Jason A. Kohlbek. CCA 20160427. Appellant's motion to extend time to file a brief granted to September 6, 2018.

 

No. 18-0339/AF. U.S. v. Scott A. Meakin. CCA 38968. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 10, 2018.

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 17, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0337/NA. U.S. v. Tyson M. Brown. CCA 201700069.

No. 18-0338/AR. U.S. v. Charles A. Hager. CCA 20170015.

No. 18-0339/AF. U.S. v. Scott A. Meakin. CCA 38968.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 16, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0336/AR. U.S. v. James C. Laughrey. CCA 20160146.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 15, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0335/AR. U.S. v. Joshua D. Smith. CCA 20160307.

 

Petitions for Grant of Review Denied

 

No. 18-0175/AR. U.S. v. Edison C. Robertson, Jr. CCA 20170022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 14, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0333/AR. U.S. v. Neiric A. Guerrero. CCA 20170169.

No. 18-0334/AR. U.S. v. Dillon A. Seymour. CCA 20170296.

 

Interlocutory Orders

 

No. 18-0332/AR. U.S. v. Gregory S. Pieper. CCA 20170093. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 4, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 13, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0332/AR. U.S. v. Gregory S. Pieper. CCA 20170093.

 

Petitions for Grant of Review Denied

 

No. 18-0284/AR. U.S. v. Cornell Hurley, Jr. CCA 20160122.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 18-0309/AR. U.S. v. Jessica A. Barton. CCA 20170476. 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 Charge IV, Specification 18 in the promulgating order be corrected by deleting the figure $2,500.00 and substituting therefor the figure $500.00.

 

Orders Granting Petition for Review

 

No. 18-0304/NA. U.S. v. Lamar A. Forbes. CCA 201600357. 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 NAVY COURT ERRED IN HOLDING THAT APPELLANT WAS PROVIDENT TO SEXUAL ASSAULT BY BODILY HARM DUE TO HIS FAILURE TO INFORM HIS SEXUAL PARTNERS OF HIS HIV STATUS.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 18-0281/AR. U.S. v. Henry M. Niehaus. CCA 20170115. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 18-0311/AF. U.S. v. Leon A. Brown IV. CCA 38864. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to August 23, 2018.

 

No. 18-0330/MC. U.S. v. Michael M. Farrell. CCA 201700011. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 4, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 10, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0329/AF. U.S. v. Steven Jimenez. CCA 39200.

No. 18-0330/MC. U.S. v. Michael M. Farrell. CCA 201700011.

No. 18-0331/AR. U.S. v. Brandon R. Holcomb. CCA 20170583.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 9, 2018

 

Mandates Issued

 

No. 17-0510/MC. U.S. v. Derrick L. Dinger. CCA 201600108.

No. 17-0556/AR. U.S. v. Joseph R. Armstrong. CCA 20150424.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 8, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0327/AR. U.S. v. Tyler A. Mattice. CCA 20170287.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 7, 2018

 

Petition for Grant of Review Filed

 

No. 18-0326/AR. U.S. v. Jonathan E. Nava, Jr. CCA 20160123.

 

Petitions for Grant of Review Denied

 

No. 18-0286/AR. U.S. v. Michael J. Paulino. CCA 20160388.

No. 18-0302/AR. U.S. v. Michael A. Bynum, Jr. CCA 20170141.

No. 18-0303/AR. U.S. v. Tahj B. Lake. CCA 20170431.

 

Order Granting Petition for Review

 

No. 18-0288/AF. U.S. v. Jeremiah L. King. CCA 39055. 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 granted on the following issue:

 

THE MILITARY JUDGE FOUND APPELLANT GUILTY OF VIEWING CHILD PORNOGRAPHY. BUT ALL OF THE ALLEGED CHILD PORNOGRAPHY APPELLANT ALLEGEDLY VIEWED WAS FOUND IN UNALLOCATED SPACE OR A GOOGLE CACHE. IS THE EVIDENCE LEGALLY SUFFICIENT?

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 18-0321/NA. U.S. v. Troy D. Biggham. CCA 201700348. Appellant's motion for leave to file issues raised pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 18-0323/AF. U.S. v. Marc A. Sims. CCA 39209. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 27, 2018.

 

No. 18-0325/AR. U.S. v. Raymond C. McAllister. CCA 20160259. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 27, 2018.

 

Mandate Issued

 

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 6, 2018

 

Petition for Grant of Review Filed

 

No. 18-0325/AR. U.S. v. Raymond C. McAllister. CCA 20160259.

 

Petitions for Grant of Review Denied

 

No. 18-0279/AR. U.S. v. Maurice N. Johnson. CCA 20160245.

No. 18-0285/AR. U.S. v. Antius A. Cruzballester. CCA 20170524.

 

Order Granting Petition for Review

 

No. 18-0273/AR. U.S. v. Norman R. Stout. CCA 20120592. 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 GOVERNMENT MADE MAJOR CHANGES TO THE TIME FRAME OF THREE OFFENSES, OVER DEFENSE OBJECTION, AND FAILED TO PREFER THEM ANEW IN ACCORDANCE WITH RULE FOR COURTS-MARTIAL 603.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 3, 2018

 

Petitions for Grant of Review Denied

 

No. 18-0259/AR. U.S. v. Lorne C. Falcon. CCA 20160176.

No. 18-0300/AR. U.S. v. Ashley A. Chavous. CCA 20170402.

 

Interlocutory Orders

 

No. 18-0287/NA. U.S. v. Jacri Wright. CCA 201700354. Appellant's motion to file the supplement to the petition for grant of review out of time granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 2, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0323/AF. U.S. v. Marc A. Sims. CCA 39209.

No. 18-0324/AR. U.S. v. Robert B. Seifert. CCA 20170193.

 

Interlocutory Orders

 

No. 17-0510/MC. U.S. v. Derrick L. Dinger. CCA 201600108. On consideration of the petition for reconsideration of this Court's decision, United States v. Dinger, 77 M.J 447 (C.A.A.F. 2018), Appellant's motion to submit a corrected petition for reconsideration, and in light of Bouie v. Columbia, 378 U.S. 347 (1964), it is ordered that motion to file a corrected petition for reconsideration is granted, and the petition for reconsideration is denied.

 

No. 18-0230/AR. U.S. v. Jonathon M. Witcher. CCA 20160114. On consideration of Appellant's petition for reconsideration of the Court's order issued July 5, 2018, and motion to supplement the record, it is ordered that the motion is denied, and the petition for reconsideration is denied.

 

No. 18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393. Appellant's motion to exceed page limit is granted.

 

No. 18-0282/NA. United States, Appellee/Cross-Appellant v. Paul E. Cooper, Appellant/Cross-Appellee. CCA 201500039. On consideration of Appellee/Cross-Appellant's motion to correct errata, and Appellant/Cross-Appellee's motion to extend time to file a brief, it is ordered that the motion to correct errata is granted, and the motion to extend time to file a brief is granted to September 7, 2018.

 

Petitions for Reconsideration Denied

 

No. 17-0556/AR. U.S. v. Joseph R. Armstrong. CCA 20150424. Appellant's petition for reconsideration of the Court's decision, United States v. Armstrong, 77 M.J. __ (C.A.A.F. 2018) is denied.



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