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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