UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
December 28, 2018
Petitions for Grant of Review Filed
No. 19-0130/AR. U.S. Eric T. Hansen. CCA 20180028.
No. 19-0131/AR. U.S. v. Judea Divins. CCA 20180069.
Interlocutory Orders
No. 18-0365/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077. Appellant's motion for leave to file a reply
brief out of time is granted.
No.
19-0054/AR. Nidal M. Hasan,
Petitioner v. United States Army Court of Criminal Appeals, Respondent, and United
States, Real Party in Interest. CCA 20130781. On
consideration of the petition for extraordinary relief in the nature of a writ
of mandamus and brief in support, it is ordered that the United States show
cause on or before January 22, 2019, why the requested relief should not be
granted and specifically address the jurisdiction of this Court to grant the
requested relief. Petitioner may file a reply within 5 days of the filing by
the United States.
No. 19-0080/AR. U.S. v. Jonathan Ortega. CCA 20170503. Appellant's
motion to extend time to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) granted to
January 28, 2019.
No. 19-0129/NA. U.S. v. Ahmed A. Megeed. CCA 201800153. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 17, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
December 27, 2018
Petitions for Grant of Review Filed
No. 19-0129/NA. U.S. v. Ahmed A. Megeed. CCA 201800153.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 26, 2018
Petitions for Grant of Review Filed
No. 19-0124/AR. U.S. v. George F. Kallas. CCA 20170321.
No. 19-0126/AR. U.S. v. Christopher C. Griego. CCA 20170406.
No. 19-0127/AR. U.S. v. Henry Phan. CCA 20180057.
Petitions for Grant of Review Denied
No. 19-0125/AR. U.S. v. Steven E. Hill. CCA 20120979. Notice is
hereby given that a pro se matter, which the Court construes as a petition for
grant of review under Rule 20, was filed on December 4th, 2018, and placed on
the docket this date. On consideration of Petitioner's pro se petition
requesting relief pursuant to United
States v. Mangahas, 77 M.J.
220 (C.A.A.F. 2018), it is ordered that the petition
is denied without prejudice to refiling a petition
with the assistance of counsel, if counsel is requested by Petitioner and
provided by the Judge Advocate General of the Army. If counsel is not so
provided upon request, Petitioner may refile his
petition in a pro se capacity.
Miscellaneous Docket - Filings
No.
19-0128/MC. Timothy A. Irvin, Appellant v. Michael D. Libretto, Lieutenant
Colonel, U.S. Marine Corps, Robert B. Neller,
General, U.S. Marine Corps, John G. Hannink, Vice
Admiral, U.S. Navy, Judge Advocate General, Daniel D. Leece,
Major General, U.S. Marine Corps, Staff Judge Advocate to the Commandant of the
Marine Corps, Colleen Glaser-Allen, Captain, U.S. Navy, Chief Judge,
Navy-Marine Corps, Trial Judiciary (Code 52), Robert A. Fifer, Colonel, U.S.
Marine Corps, Officer-in-Charge, Legal Services Support Section-East, and
United States, Appellees. CCA 201800319. 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.
Interlocutory Orders
No. 19-0050/AR. U.S. v. Luke D. English. CCA
20160510. Appellant's motion to extend time to file Grostefon matters granted to January 9, 2019.
No. 19-0123/AR. U.S. v. Lawrence P. Muscat. CCA
20160534. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to January 14, 2019.
No. 19-0124/AR. U.S. v. George F. Kallas. CCA 20170321. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 13, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
December 21, 2018
Petitions for Grant of Review Filed
No. 19-0120/AR. U.S. v. Keith M. J. Mills. CCA
20170156.
No. 19-0121/AR. U.S. v. Brent J. Sittingdog. CCA
20170389.
No. 19-0122/AR. U.S. v. Jerry T. Barnes. CCA
20170572.
No. 19-0123/AR. U.S. v. Lawrence P. Muscat. CCA
20160534.
Petitions for Grant of Review Denied
No. 19-0067/AF. U.S. v. Eric A. Hyler.
CCA 39441.
No. 19-0068/AR. U.S. v. Darreon
I. Scipio.
CCA
20170642.
Miscellaneous Docket - Filings
No. 19-0117/AR. Mathew T. Whitney, Petitioner v. United
States, Respondent. CCA 20150119. Notice is hereby
given that a pro se petition for extraordinary relief in the nature of a writ
of habeas corpus was filed under Rule 27(a) on this date.
Interlocutory Orders
No. 18-0364/AR. U.S. v. Michael E. Harris. CCA
20170100. Appellant's motion to extend time to file a brief granted to
January 18, 2019.
No. 19-0085/CG. U.S. v. Anthony J.
Livingstone. CCA 1448. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review granted to January 9, 2019.
No. 19-0118/AR. U.S. v. John T. Long. CCA
20150160. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to January 10, 2019.
No. 19-0120/AR. U.S. v. Keith M. J. Mills. CCA
20170156. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to January 10, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
December 20, 2018
Petitions for Grant of Review Filed
No. 19-0118/AR. U.S. v. John T. Long. CCA 20150160.
No. 19-0119/AF. U.S. v. Ralph J. Hyppolite, II. CCA 39358.
Interlocutory Orders
No. 19-0112/AF. U.S. v. Kamron R. Rameshk. CCA 39319.
Appellant's motion to file the supplement to the petition for grant of review
under seal is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 19, 2018
Petitions for Grant of Review Filed
No. 19-0114/AF. U.S. v. Scott W. Gates.
CCA
S32504.
No. 19-0115/AR. U.S. v. Myles A. Philpott. CCA 20180043.
No. 19-0116/AR. U.S. v. Tyron B. Nock. CCA 20180022.
Miscellaneous Docket - Summary
Dispositions
No. 19-0092/AF. LaDarion D. Stanton,
Petitioner v. United States, Respondent. On consideration of the petition for
extraordinary relief in the nature of a writ of mandamus, it is ordered that
the petition is denied.
Interlocutory Orders
No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's
motion to dismiss Charge II, Specification I, is denied.
No. 18-0362/AR. U.S. v. Nicholas L. Frost. CCA 20160171. Appellant's
motion to extend time to file a brief granted to January 22, 2019.
No. 18-0371/AR. U.S. v. Juventino
Tovarchavez. CCA 20150250. Appellant's motion to extend time to file a reply
brief granted to January 11, 2019.
No. 19-0109/AR. U.S. v. Joshua D. Lewis. CCA 20180260. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 9, 2019.
No. 19-0112/AF. U.S. v. Kamron R. Rameshk. CCA 39319.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to January 9, 2019.
No. 19-0113/NA. U.S. v. David J.W. Zoril. CCA 201800009.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to January 9, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 18, 2018
Petitions for Grant of Review Filed
No. 19-0110/AR. U.S. v. Robert T. Palms. CCA 20150830.
No. 19-0111/AR. U.S. v. Chastin
L. Walker.
CCA
20160239.
No. 19-0112/AF. U.S. v. Kamron R. Rameshk. CCA 39319.
No. 19-0113/NA. U.S. v. David J.W. Zoril. CCA 201800009.
Petitions for Grant of Review Denied
No. 19-0030/AR. U.S. v. Johnny Y. Hammond, Jr. CCA 20170661.
No. 19-0031/AR. U.S. v. Stephen S. Lee. CCA 20180001.
No. 19-0060/AF. U.S. v. William R.
Sherrod. CCA 39347.
No. 19-0065/AR. U.S. v. Victor J. Medina. CCA 20180100.
Orders Granting Petition for Review
No. 18-0347/AR.
Michael J. Gonzales. CCA 20130849. 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 granted on the following issue:
WHETHER AGGRAVATED SEXUAL CONTACT OF A CHILD IS A LESSER
INCLUDED OFFENSE OF RAPE OF A CHILD.
Briefs
will be filed under Rule 25.
Mandates Issued
No. 18-0254/AR. U.S. v. Steven M. Tucker. CCA 20150634.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
December 17, 2018
Petitions for Grant of Review Filed
No. 19-0107/AR. U.S. v. Charles W. Buford IV. CCA
20170164.
No. 19-0108/AR. U.S. v. Samuel R. Beck. CCA
20170446.
No. 19-0109/AR. U.S. v. Joshua D. Lewis. CCA
20180260.
Interlocutory Orders
No. 19-0075/AR. U.S. v. Matthew N. Gray. CCA
20180055. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to January 2, 2019.
No. 19-0104/AR. U.S. v. Nicholas E. Davis. CCA
20160069. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to January 7, 2019.
No.
19-0105/AR. U.S. v. Michael E. Gee. CCA 20160313.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to January 3, 2019.
No. 19-0106/AF. U.S. v. Marcus A. Mancini.
CCA 38783. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to January 16, 2019.
No. 19-0107/AR. U.S. v. Charles W. Buford IV. CCA
20170164. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to January 7, 2019.
No. 19-0108/AR. U.S. v. Samuel R. Beck. CCA
20170446. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to January 7, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
December 14, 2018
Petitions for Grant of Review Filed
No. 19-0103/AR. U.S. v. Terence K. Taylor, Jr. CCA 20160744.
No. 19-0104/AR. U.S. v. Nicholas E. Davis. CCA 20160069.
No.
19-0105/AR. U.S. v. Michael E. Gee. CCA 20160313.
No. 19-0106/AF. U.S. v. Marcus A. Mancini.
CCA 38783.
Interlocutory Orders
No.
18-0350/CG. U.S.
v. Michael R. Rodriguez. CCA 1450. Appellant's motion to extend time to
file a brief granted to February 1, 2019.
No. 19-0025/AR. U.S. v. Daimon
C. Wear.
CCA
20160508. Appellant's motion to submit matters pursuant to United States v. Grostefon,
12 JM.J. 431 (C.M.A.) 1982)
is granted.
No. 19-0103/AR. U.S. v. Terence K. Taylor, Jr. CCA 20160744. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to January
4, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
December 13, 2018
Petitions for Grant of Review Denied
No. 19-0070/AR. U.S. v. Olusegun
Gade. CCA 20170506.
Petitions for Grant of Review -
Summary Dispositions
No. 19-0007/AR. U.S.
v. Omar A. Hernandez. CCA 20160217. On consideration of the petition for grant of review of
the decision of the United States Army Court of Criminal Appeals, it is noted
that the Court of Criminal Appeals affirmed four findings of guilty, set aside
one finding of guilty and the sentence, and remanded the record to a convening
authority with authorization for a rehearing or sentence reassessment. Under
Article 67(c), UCMJ, this Court has jurisdiction to
consider the petition. However, given the possibility of a rehearing or
sentence reassessment, the petition is not ripe for review at this time.
Accordingly, it is ordered that said petition is dismissed without prejudice to
Appellant's right to raise the matters asserted during the normal course of
appellate review.
Interlocutory Orders
No. 19-0045/AR. U.S. v. Isaac G. Aguigui. CCA 20140260. 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 the motion is granted
to December 26, 2018, and absent extraordinary circumstances, no further
extension of time will be granted in this case.
No. 19-0098/AR. U.S. v. Vincent M. Macario. CCA 20160760. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 2, 2019.
No. 19-0099/AR. U.S. v. Anthony R. Clark II. CCA 20160304. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 2, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 12, 2018
Petitions for Grant of Review Filed
No. 19-0102/AR. U.S. v. Zachary T. Buie. CCA 20180249.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 11, 2018
Petitions for Grant of Review Filed
No. 19-0096/AR. U.S. v. Paul A. Riojas. CCA 20170097.
No. 19-0097/AR. U.S. v. Isaac W. Kinney. CCA 20170630.
No. 19-0098/AR. U.S. v. Vincent M. Macario. CCA 20160760.
No. 19-0099/AR. U.S. v. Anthony R. Clark II. CCA 20160304.
No. 19-0100/AR. U.S. v. Michael D. Royal. CCA 20180070.
No. 19-0101/AR. U.S. v. Joseph A. Caulfield. CCA 20180108.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
December 10, 2018
Petitions for Grant of Review Filed
No. 19-0094/AR. U.S. v. Carl L. Campbell. CCA 20160215.
No. 19-0095/AR. U.S. v. Daniel S. Alcantara. CCA 20170370.
Miscellaneous Docket - Filings
No. 19-0093/AF. U.S. v. James W. Richards
IV. CCA 2018-07. Notice is hereby given that a writ-appeal petition
for review of the decision of the United States Air Force Court of Criminal
Appeals on application for extraordinary relief was filed under Rule 27(b) on
this date.
Interlocutory Orders
No. 19-0091/MC. U.S. v. Alexander M. Bradshaw. CCA 201800169. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 2, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
December 7, 2018
Petitions for Grant of Review Filed
No. 19-0091/MC. U.S. v. Alexander M. Bradshaw. CCA 201800169.
Petitions for Grant of Review Denied
No. 18-0375/AR. U.S. v. Pedro I. Cardenas. CCA 20170597.
No. 18-0376/AR. U.S. v. Christopher D. Wood. CCA 20160465.
No. 19-0042/AR. U.S. v. Omar A. Velez-Pagan. CCA 20160209.
No. 19-0048/AR. U.S. v. Malik
J. Shakur. CCA 20170127.
Miscellaneous Docket - Filings
No. 19-0090/AR. Annzala L. Pitt,
Petitioner v. United States, Respondent. Notice is hereby given that a pro se
matter, which the Court construes as a petition for extraordinary relief under
Rule 27(a), was filed on November 7, 2018, and placed on the docket this date.
On consideration thereof, it is ordered that the petition is denied.
No. 19-0092/AF. LaDarion D.
Stanton, Petitioner v. United States, Respondent. Notice is given that a
petition for extraordinary relief in the nature of a writ of mandamus was filed
under Rule 27(a) on this date.
Interlocutory Orders
No. 18-0365/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077. Appellant's motion to extend time to file a
reply brief granted to December 26, 2018.
No. 18-0369/AR. U.S. v. Terry J. Leyba. CCA 20160159. Appellant's
motion to submit matters pursuant to U.S.
v. Grostefon, 12 M.J.
431 (C.M.A. 1982) is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
December 6, 2018
Petitions for Grant of Review Filed
No. 19-0088/AF. U.S. v. Philip H. Aiken.
CCA 39288.
No. 19-0089/AR. U.S. v. Annelyntherese
I. Turner.
CCA
20160328.
Interlocutory Orders
No. 19-0059/NA. U.S. v. Cody L. Bannister.
CCA
201600056. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to December 18, 2018.
No. 19-0085/CG. U.S. v. Anthony J.
Livingstone. CCA 1448. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to December 26, 2018.
No. 19-0086/NA. U.S. v. Pedro M. Bess.
CCA
201300311. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to December 26, 2018.
Mandates Issued
No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 4, 2018
Petitions for Grant of Review Filed
No. 19-0087/AR. U.S. v. Deontray
D. Coleman.
CCA
20170013.
Petitions for Grant of Review Denied
No. 19-0026/AR. U.S. v. Alexandria J. Bowen. CCA 20170455.
Hearings
No. 18-0282/NA. U.S. v. Paul E. Cooper.
CCA
201500039.
No. 18-0304/NA. U.S. v. Lamar A. Forbes.
CCA
201600357.
No. 16-0711/AF. U.S. v. Michael J.D.
Briggs. CCA 38730.
No. 18-0273/AR. U.S. v. Norman R. Stout. CCA 20120592.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
December 3, 2018
Petitions for Grant of Review Filed
No. 19-0085/CG. U.S. v. Anthony J.
Livingstone. CCA 1448.
No. 19-0086/NA. U.S. v. Pedro M. Bess.
CCA
201300311.
Petitions for Grant of Review Denied
No. 19-0013/AF. U.S. v. John D. Gonzalez.
CCA 39125.
No. 19-0040/AR. U.S. v. Rashieed
R. Johnson.
CCA
20170363.
No. 19-0044/AR. U.S. v. Jhontra'e
S. Samson.
CCA
20170479.
No. 19-0047/AR. U.S. v. Roger J. Ramirez. CCA 20160599.
Orders Granting Petition for Review
No. 18-0364/AR. U.S.
v. Michael E. Harris. CCA 20170100. 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 granted on the following issue:
WHETHER
THE ARMY COURT ERRONEOUSLY AFFIRMED THE MILITARY JUDGE'S DENIAL OF 291 DAYS OF
ALLEN CREDIT FOR PRETRIAL CONFINEMENT APPELLANT SERVED IN A CIVILIAN
CONFINEMENT FACILITY AWAITING DISPOSITION OF STATE OFFENSES FOR WHICH HE WAS
LATER COURT-MARTIALED.
Briefs
will be filed under Rule 25.
Court Closure
By
order of the Chief Judge, the United States Court of Appeals for the
For purposes of computation of time
and motions to enlarge time under the Court's Rules of Practice and Procedure,
December 5, 2018, will be considered a day when the Court is officially closed.
The hearings set for December 5
will be heard tomorrow, December 4, 2018, along with the cases originally set
for December 4, in a modified sequence that will be published to the parties by
updated hearing notices.
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