UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 28, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0144/AR. U.S. v. Kevin L. West. CCA 20160586.

 

Petitions for Grant of Review Denied

 

No. 18-0067/AF. U.S. v. Todd J. Ferrando. CCA 39039.

No. 18-0081/AR. U.S. v. Cezar M. Lazcano. CCA 20150354.

No. 18-0090/AR. U.S. v. Douglas E. Reynolds, Jr. CCA 20140856.

 

Miscellaneous Docket Filings

 

No. 18-0147/AR. In re Gregory J. Murray, Petitioner. CCA 20180025. Notice is hereby given that a brief in support of petition for extraordinary relief in the nature of writ of error coram nobis, or, in the alternative, writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief in the nature of a writ of error coram nobis was filed under Rule 27(a) on this date.

 

Hearings

 

No. 17-0480/NA. U.S. v. Raiden J. Andrews. CCA 201600208.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 27, 2018

 

Petitions for Grant of Review Denied

 

No. 18-0115/AR. U.S. v. Aaron J. Perez. CCA 20160739.

 

Hearings

 

No. 17-0551/AF. U.S. v. Thomas E. Barker. CCA 39086.

No.17-0553/AF. U.S. v. Ryan A. Hardy. CCA 38937.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 26, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0142/AF. U.S. v. Ronald A. Denisi, Jr. CCA 39196.

No. 18-0143/AR. U.S. v. Dallas H. Wade. CCA 20170011.

 

Petitions for Grant of Review Denied

 

No. 18-0093/AR. U.S. v. Nels F. Jackson. CCA 20120159.

No. 18-0112/AR. U.S. v. Alexander Carabarin. CCA 20160738.

No. 18-0113/AR. U.S. v. Zavier D. Bennett. CCA 20160690.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 18-0110/AR. U.S. v. Robert S. Avery. CCA 20140202. 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 be, and the same is dismissed without prejudice to Appellant's right to raise the matter asserted during the normal course of appellate review.

 

Interlocutory Orders

 

No. 17-0605/AR. U.S. v. Erik J. Burris. CCA 20150047. Appellant's motion to extend time to file a reply brief granted to March 1, 2018.

 

Mandates Issued

 

No. 17-0203/AR. U.S. v. David L. Jerkins. CCA 20140071.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 23, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0140/NA. U.S. v. D'Urville A. Christopher. CCA 201600249.

No. 18-0141/AR. U.S. v. Kelvin Moreno. CCA 20160535.

 

Mandates Issued

 

No. 17-0224/AR. U.S. v. Jorge F. Acevedo. CCA 20150076.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 22, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0139/AR. U.S. v. Manuel A. Ortiz. CCA 20170356.

 

Orders Granting Petition for Review

 

No. 18-0107/AR. U.S. v. Jameson T. Hazelbower. CCA 20150335. 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 MILITARY JUDGE'S CONSIDERATION OF CHARGED SEXUAL MISCONDUCT TO PROVE PROPENSITY TO COMMIT THE SAME CHARGED SEXUAL MISCONDUCT WAS HARMLESS BEYOND A REASONABLE DOUBT WHEN THE MILITARY JUDGE FOUND THE "PROBATIVE WEIGHT" OF SUCH EVIDENCE WAS "HIGH."

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. On consideration of the motion filed by Protect Our Defenders, Service Women's Action Network and Not In My Marine Corps to file joint amicus curiae brief in support of Appellee and Appellee's motion for leave to file motion and motion in support of brief of amici curiae, it is ordered that the motions are hereby denied.

 

No. 18-0138/AF. U.S. v. Christopher W. Cluff. CCA 39091. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 13, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 21, 2018

 

Petitions for Grant of Review Filed

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 20, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0136/AF. U.S. v. Jerrid J. Olson. CCA 39093.

No. 18-0137/AR. U.S. v. Manuel Ortiz, III. CCA 20150267.

 

Petitions for Grant of Review Denied

 

No. 18-0068/AR. U.S. v. Noricole Y. Hanson. CCA 20160646.

No. 18-0082/AR. U.S. v. Kendrick A. Woolsey. CCA 20150432.

No. 18-0088/AR. U.S. v. Doriante J. Beauford. CCA 20150696.

No. 18-0104/AR. U.S. v. Kevin L. Bond. CCA 20170012.

No. 18-0105/AR. U.S. v. Jasmond D. Jones. CCA 20170339.

No. 18-0106/MC. U.S. v. Christian D. Flowers. CCA 201700184.

 

Interlocutory Orders

 

No. 17-0605/AR. U.S. v. Erik J. Burris. CCA 20150047. Appellee's motion to file a supplemental joint appendix is granted.

 

No. 18-0098/AR. U.S. v. Gabriel C. Garcia. CCA 20130660. Appellant's motion to correct errata is granted.

 

No. 18-0135/AF. U.S. v. Dorian A. Hamilton. CCA 39085. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 8, 2018.

 

Mandates Issued

 

No. 17-0187/AR. U.S. v. Brian G. Short. CCA 20150320.

No. 17-0347/AF. U.S. v. Robert L. Honea III. CCA 38905.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 16, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0135/AF. U.S. v. Dorian A. Hamilton. CCA 39085.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 15, 2018

 

Petitions for Grant of Review Denied

 

No. 17-0610/AF. U.S. v. Matthew Thomas. CCA 38977. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals and the petition for new trial, it is ordered that the petition for grant of review and the petition for new trial be, and the same are hereby denied.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 18-0055/AR. U.S. v. Robert Bales. CCA 20130743. 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 the court-martial order be corrected to reflect that Appellant pleaded guilty to Charge III, Specification 7, and Charge VI.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 13, 2018

 

Petitions for Grant of Review Denied

 

No. 18-0073/NA. U.S. v. Sean L. Motsenbocker. CCA 201600285.

No. 18-0076/NA. U.S. v. Howard P. Thomas. CCA 201600438.

No. 18-0097/AR. U.S. v. Jerome D. Carson. CCA 20160812.

No. 18-0100/MC. U.S. v. Fredrico A. Williams. CCA 201600197.

 

Interlocutory Orders

 

No. 17-0608/AR. U.S. v. Randy E. Jones. CCA 20150370. On consideration of the motion filed by Stephen I. Vladeck, Esq., School of Law, The University of Texas at Austin, to appear as amici curiae, it is ordered that the motion is granted.

 

No. 18-0134/AF. U.S. v. Aaron M. Buford. CCA 39087. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 5, 2018.

 

Petitions for Reconsideration Denied

 

No. 17-0187/AR. U.S. v. Brian G. Short. CCA 20150320. Appellant's petition for reconsideration of this Court's decision, United States v. Short, 77 M.J. __ (C.A.A.F. 2018) is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 12, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0134/AF. U.S. v. Aaron M. Buford. CCA 39087.

 

Petitions for Grant of Review Denied

 

No. 18-0032/AF. U.S. v. Leonardo E. Aguirre Obregon. CCA 39005.

No. 18-0040/AR. U.S. v. Jeffery T. Page. CCA 20150505.

No. 18-0080/AR. U.S. v. Frederick K. Dixon. CCA 20160098.

No. 18-0095/AR. U.S. v. Travis S. Weber. CCA 20160536.

 

Orders Granting Petition for Review

 

No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. 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 MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING A DEFENSE MOTION TO SUPPRESS THE ACCUSING WITNESS'S IN-COURT IDENTIFICATION OF APPELLANT.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 18-0132/AF. U.S. v. Carlos R. Cassano. CCA 39915. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 1, 2018.

 

Mandates Issued

 

No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 9, 2018

 

Petitions for Grant of Review Filed

 

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

No. 18-0133/AR. U.S. v. James B. Hendrix. CCA 20170439.

 

Petitions for Grant of Review Denied

 

No. 18-0075/AF. U.S. v. Kacey M. Bailey. CCA S32389.

No. 18-0084/AR. U.S. v. Kellan D. Mark. CCA 20160101.

 

Interlocutory Orders

 

No. 18-0086/MC. U.S. v. Eddie F. Acuna. CCA 201700168. Appellant's second motion to withdraw the petition for grant of review is granted.

 

Mandates Issued

 

No. 17-0208/CG. U.S. v. John C. Riesbeck. CCA 1374.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 8, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0130/AF. U.S. v. Thomas J. Neill. CCA 39099.

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

 

Interlocutory Orders

 

No. 17-0604/AR. U.S. v. Christopher E. Christensen. CCA 20140372. Appellant's motion to extend time to file a brief is granted to March 2, 2018.

 

No. 18-0040/AR. U.S. v. Jeffery T. Page. CCA 20150505. Appellee's motion to file a 10-day letter out of time is denied.

 

No. 18-0082/AR. U.S. v. Kendrick A. Woolsey. CCA 20150432. Appellant's motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 18-0129/AF. U.S. v. Cory D. Phillips. CCA 38771. Appellant's motion to correct errata is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 7, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0129/AF. U.S. v. Cory D. Phillips. CCA 38771.

 

Petitions for Grant of Review Denied

 

No. 18-0017/AF. U.S. v. Anthonei T. Sudds. CCA 39024.

No. 18-0029/AR. U.S. v. Lawrence J. Franks, Jr. CCA 20140952.

No. 18-0072/MC. U.S. v. Kevin J. Delaney. CCA 201700108.

No. 18-0092/MC. U.S. v. Robert D. Stewart. CCA 201700191.

No. 18-0094/MC. U.S. v. Artem V. Kokuev. CCA 201700219.

 

Interlocutory Orders

 

No. 18-0103/AF. U.S. v. Harrison B. Linthicum. CCA 39069. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to February 16, 2018.

 

NOTICE

 

No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. In view of the recusal of Judge John E. Sparks, notice is hereby given that the Chief Judge has called upon Senior Judge Charles E. Erdmann to perform judicial duties in the above-referenced case, and that Senior Judge Erdmann has consented to perform judicial duties in said case under Article 142(e)(1)(A)(iii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(iii) (2012).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 5, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0127/AR. U.S. v. Marcial Medina, Jr. CCA 20170457.

No. 18-0128/AR. U.S. v. Alton C. Hamilton, Jr. CCA 20160691.

 

Interlocutory Orders

 

No. 18-0124/AF. U.S. v. Elijah M. Langhorne. CCA 39047. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 22, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 2, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0124/AF. U.S. v. Elijah M. Langhorne. CCA 39047.

No. 18-0125/AR. U.S. v. Gregory C. Panagotopulos. CCA 20160330.

No. 18-0126/AR. U.S. v. Shan O. Lawrence. CCA 20170082.



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