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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