UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 31, 2018
Petitions for Grant of Review Filed
No. 18-0123/AR. U.S. v. Jonathan Paulino. CCA 20170078.
Interlocutory Orders
No. 18-0117/AF. U.S. v. Braxton T. Swafford.
CCA
S32435. Appellant's motion to extend time to file the supplement to the
petition for grant of review granted to February 20, 2018.
No. 18-0118/AR. U.S. v. William P. Moynihan. CCA 20130855. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 20, 2018.
No. 18-0120/AR. U.S. v. Noel G. Aguiar-Perez. CCA 20140715. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 20, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 30, 2018
Petitions for Grant of Review Filed
No. 18-0122/AF. U.S. v. Corey J. Campbell.
CCA
388075.
Petitions for Grant of Review Denied
No. 18-0062/NA. U.S. v. Abel A. Montesdeoca. CCA 201600238.
No. 18-0066/AR. U.S. v. Adam T. Linares. CCA 20160762.
No. 18-0083/AR. U.S. v. Zachariah A. Braswell. CCA 20150596.
No. 18-0089/AR. U.S. v. Cristian
Sanchez.
CCA
20160611.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
January 29, 2018
Petitions for Grant of Review Filed
No. 18-0117/AF. U.S. v. Braxton T.
Swafford. CCA S32435.
No. 18-0118/AR. U.S. v. William P. Moynihan. CCA 20130855.
No. 18-0119/AR. U.S. v. Noel A. Olivares. CCA 20170062.
No. 18-0120/AR. U.S. v. Noel G. Aguiar-Perez. CCA 20140715.
No. 18-0121/AR. U.S. v. Rudy L. Rivera. CCA 20160393.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 26, 2018
Petitions for Grant of Review Filed
No. 18-0115/AR. U.S. v. Aaron J. Perez. CCA 20160739.
No. 18-0116/AR. U.S. v. Patrick A. Battles. CCA 20140399.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 24, 2018
Petitions for Grant of Review Filed
No. 18-0112/AR. U.S. v. Alexander Carabarin. CCA 20160738.
No. 18-0113/AR. U.S. v. Zavier
D. Bennett.
CCA
20160609.
No. 18-0114/MC. U.S. v. Steven M. Larrabee. CCA 201700075.
Petitions for Grant of Review Denied
No. 18-0060/AR. U.S. v. Daniel A. Romero. CCA 20150139.
Interlocutory Orders
No. 17-0537/MC. United States, Appellant v. James A. Hale,
III.
Appellee CCA 201600015. Appellant's motion to attach
documents is denied, and the petition for reconsideration of this Court's order
issued December 20, 2017, is denied.
No. 18-0086/MC. U.S. v. Eddie F. Acuna. CCA 201700168. Appellant's
motion to withdraw the petition for grant of review is denied without prejudice
to Appellant's right to file a motion to withdraw that complies with C.A.A.F.
Rule 21(f).
No. 18-0089/AR. U.S. v. Cristian
Sanchez.
CCA
20160611. Appellee's motion to file a 10-day
letter out of time is denied.
No. 18-0098/AR. U.S. v. Gabriel C. Garcia.
CCA 20130660.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review is granted to February 15, 2018.
No. 18-0109/AF. U.S. v. Joshua J. Dowd.
CCA 39073.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to February 12, 2018.
No. 18-0110/AR. U.S. v. Robert S. Avery. CCA 20140202.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to February 12, 2018.
No. 18-0111/AR. U.S. v. Terrence J. Frierson. CCA 20150603. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to February 12, 2018.
Hearings
No. 17-0404/AF. U.S. v. Vashaun M. Blanks. CCA 38891.
No. 17-0504/AF. U.S. v. Hank W. Robinson.
CCA 38942.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 23, 2018
Petitions for Grant of Review Filed
No. 18-0109/AF. U.S. v. Joshua J. Dowd.
CCA 39073.
No. 18-0110/AR. U.S. v. Robert S. Avery. CCA 20140202.
No. 18-0111/AR. U.S. v. Terrence J. Frierson. CCA 20150603.
Petitions for Grant of Review Denied
No. 17-0501/AF. U.S. v. William E. Smith.
CCA 38971.
No. 18-0025/CG. U.S. v. Ernest M. Ramos.
CCA 1418.
No. 18-0077/AR. U.S. v. Immanuel E. Martinez. CCA 20150540.
Interlocutory Orders
No. 17-0605/AR. U.S. v. Erik J. Burris. CCA 20150047. Appellant's
motion to extend time to file the joint appendix is granted to January 23,
2018.
No. 18-0107/AR. U.S. v. Jameson T. Hazelbower. CCA 20150335. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to February 8, 2018.
Hearings
No. 17-0392/AF. U.S. v. Robert A. Condon.
CCA 38765.
No. 17-0456/AF. U.S. v. Alexander S.
Wheeler. CCA 38908.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
January 22, 2018
Petitions for Grant of Review Filed
No. 18-0108/AR. U.S. v. Michael G. Walker. CCA 20160540.
Petitions for Grant of Review Denied
No. 18-0061/AR. U.S. v. Yely Nunezjimenez. CCA 20170033.
No. 18-0065/AR. U.S. v. Miche
C. Gibbs.
CCA
20160325.
No. 18-0078/AR. U.S. v. Joseph S. Brannan. CCA 20170049.
No. 18-0079/AR. U.S. v. Jared S. Gamble. CCA 20160735.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 19, 2018
Petitions for Grant of Review Filed
No. 18-0105/AR. U.S. v. Jasmond
D. Jones.
CCA
20170339.
No. 18-0106/MC. U.S. v. Christian Flowers. CCA 201700184.
No. 18-0107/AR. U.S. v. Jameson T. Hazelbower. CCA 20150335.
Petitions for Grant of Review Denied
No. 18-0010/AF. U.S. v. David R. Allen.
CCA 39001.
No. 18-0056/AR. U.S. v. David A. Fenili. CCA 20140806.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 18, 2018
Petitions for Grant of Review Filed
No. 18-0104/AR. U.S. v. Kevin L. Bond. CCA 20170012.
Petitions for Grant of Review Denied
No. 18-0057/AF. U.S. v. Steven J. Bailey.
CCA 39052.
Interlocutory Orders
No. 17-0605/AR. U.S. v. Erik J. Burris. CCA 20150047. Appellant's
motion to extend time to file a brief granted to January 22, 2018.
No. 18-0102/NA. U.S. v. Michael J. Norton.
CCA
201700166. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to February 6, 2018.
No. 18-0103/AF. U.S. v. Harrison B.
Linthicum. CCA 39069. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to February 6, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 17, 2018
Petitions for Grant of Review Filed
No. 18-0102/NA. U.S. v. Michael J. Norton.
CCA
201700166.
No. 18-0103/AF. U.S. v. Harrison B.
Linthicum. CCA 39069.
Interlocutory Orders
No. 18-0101/AF. U.S. v. Xavier L. Rice.
CCA 39071.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to February 5, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 16, 2018
Petitions for Grant of Review Filed
No. 18-0101/AF. U.S. v. Xavier L. Rice.
CCA 39071.
Petitions for Grant of Review Denied
No. 17-0595/AF. U.S. v. Husein G. Khan. CCA 38962.
No. 18-0038/MC. U.S. v. Benjamin A. Ramirez. CCA 201600139.
No. 18-0049/MC. U.S. v. Mykal
L. Evans.
CCA
201600111.
No. 18-0069/AR. U.S. v. Christopher C. Christian. CCA 20170450.
No. 18-0070/AR. U.S. v. Artemis M. Ludgood. CCA 20160788.
No. 18-0071/AR. U.S. v. Eric T. Pfeiffer, Jr. CCA 20170218.
No. 18-0074/AR. U.S. v. Jonathan D. Moten. CCA 20170080.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0603/AR. U.S.
v. John-Brian Hughes. CCA 20130783. 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 specified issue:
WHETHER THE EVIDENCE OF SPECIFICATION 7 OF CHARGE IV IS
LEGALLY SUFFICIENT.
The
decision of the United States Army Court of Criminal Appeals is reversed as to
Specification 7 of Charge IV. The finding of guilty as to that specification is
set aside, and the specification is dismissed. The remaining findings and the
sentence are affirmed.
Orders Granting Petition for Review
No. 17-0604/AR. U.S.
v. Christopher E. Christensen. CCA 20140372. 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
APPELLANT WAS SUBJECT TO COURT-MARTIAL JURISDICTION.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 12, 2018
Petitions for Grant of Review Filed
No. 18-0099/AR. U.S. v. Jeremiah J. Windham. CCA
20160340.
No. 18-0100/MC. U.S. v. Fredrico A. Williams. CCA
201600197.
Petitions for Grant of Review Denied
No. 18-0048/AR. U.S. v. Danny R. Griffin. CCA
20150794.
Interlocutory Orders
No. 18-0096/AF. U.S. v. Zachary J.
Johnston. CCA 39075. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to January 30, 2018.
No. 18-0098/AR. U.S. v. Gabriel C. Garcia. CCA
20130660. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to January 31, 2018.
No. 18-0099/AR. U.S. v. Jeremiah J. Windham. CCA
20160340. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to February 1, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 11, 2018
Petitions for Grant of Review Filed
No. 18-0097/AR. U.S. v. Jerome D. Carson. CCA 20160812.
No. 18-0098/AR. U.S. v. Gabriel C. Garcia. CCA 20130660.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 10, 2018
Petitions for Grant of Review Filed
No. 18-0096/AF. U.S. v. Zachary J.
Johnston. CCA 39075.
Petitions for Grant of Review Denied
No. 18-0034/AR. U.S. v. John M. Russell. CCA 20130463.
No. 18-0037/AF. U.S. v. Cody D. Bond.
CCA 38934.
No. 18-0052/AR. U.S. v. Timothy D. Worlds. CCA 20150134.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0254/AR. U.S.
v. Michael D. Thompson. CCA 20140974. On consideration of the petition for grant of review of
the decision of the United States Army Court of Criminal Appeals, and in light
of United States v. Guardado, ___ M.J. ___ (C.A.A.F. Dec. 12, 2017), it is ordered that said petition
is hereby granted on the following issue:
WHETHER
THE ARMY COURT OF CRIMINAL APPEALS ERRED IN CONCLUDING THAT THE ERRONEOUS
ADMISSION OF CHARGED OFFENSES TO PROVE OTHER CHARGED OFFENSES UNDER MIL.R.EVID. 413 WAS HARMLESS
BEYOND A REASONABLE DOUBT.
The
decision of the United States Army Court of Criminal Appeals is reversed as to
Charge I and the specifications thereunder and the
sentence. The findings of guilty as to Charge I and its specifications and the
sentence are set aside. The remaining findings are affirmed. The record is
returned to the Judge Advocate General of the Army for remand to the Court of
Criminal Appeals. That court may order a rehearing on Charge I and its
specifications and the sentence.
No. 17-0609/AF. U.S. v. Leon A. Brown IV. CCA 38864. 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 hereby granted on the
following issue:
WHETHER THE COURT OF CRIMINAL APPEALS ERRED WHEN IT
DENIED APPELLANT'S MOTION FOR RECONSIDERATION BEFORE ACTING ON APPELLANT'S
PETITION FOR A NEW TRIAL WHICH WAS PROPERLY REFERRED TO IT UNDER ARTICLE 73, UCMJ.
The
decision of the United States Air Force Court of Criminal Appeals is set aside.
The record of trial is returned to the Judge Advocate General of the Air Force
for remand to the Court of Criminal Appeals for submission of the petition for
new trial to that court.
Appeals - Summary Dispositions
No. 17-0323/AR. U.S.
v. Antonio T. Moore. CCA 20140875. On consideration of the granted issue, 76 M.J. 409 (C.A.A.F. 2017), the
judgment of the United States Army Court of Criminal Appeals, United States v. Moore, No.
20140875 (A. Ct. Crim. App. Mar. 23, 2017) (unpublished), and the judgment of
this Court in United States v. Guardado, __ M.J.
__ (C.A.A.F. Dec. 12, 2017), we conclude that
Appellant is not entitled to have the finding as to Specification 1 of
Additional Charge I set aside. Given the strength of the Government's case,
which included compelling victim and eyewitness testimony, the evidence of
Appellant's guilt was overwhelming, allowing us to "rest assured that an
erroneous propensity instruction did not contribute to the verdict by 'tipp[ing] the balance in the
members' ultimate determination.'" Guardado, __ M.J. at __ (7)
(quoting United States v. Hills,
75 M.J. 350, 358 (C.A.A.F.
2016)). Therefore, it is ordered that the judgment of the United States Army
Court of Criminal Appeals is hereby affirmed.
No. 17-0495/MC. U.S.
v. Benjamin D. Luna. CCA 201500423. On consideration of the granted
issue, 76 M.J. 477 (C.A.A.F.
2017), the judgment of the United States Navy-Marine Corps Court of Criminal
Appeals, United States v. Luna,
No. 201500423 (N-M. Ct. Crim. App. May 9, 2017) (unpublished), and the judgment
of this Court in United States v. Guardado, __ M.J. __ (C.A.A.F. Dec. 12, 2017), we
conclude that the military judge's erroneous propensity instruction was
harmless beyond a reasonable doubt—"it appears beyond a reasonable doubt
that the error complained of did not contribute to the verdict obtained." Mitchell v. Esparza, 540 U.S. 12, 17–18
(2003). The victim's testimony was corroborated by witness testimony and
incriminating text messages written by Appellant that implied he was at fault
and could be jailed for his actions. In light of such overwhelming evidence, we
are convinced that Appellant was convicted on the strength of the evidence
alone. See Guardado,
__ M.J. at __ (7).Therefore, it is ordered that the
judgment of the United States Navy-Marine Corps Court of Criminal Appeals is
hereby affirmed.
NOTICES
No. 17-0392/AF. U.S. v. Robert A. Condon.
CCA 38765.
No. 17-0404/AF. U.S. v. Vashaun M. Blanks. CCA 38891.
No. 17-0456/AF. U.S. v. Alexander S.
Wheeler. CCA 38908.
No. 17-0504/AF. U.S. v. Hank W. Robinson.
CCA 38942.
In
view of the existence of a vacant position on the Court, notice is hereby given
that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform
judicial duties in the above-referenced cases, and that Senior Judge Effron has
consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. § 942(e)(1)(A)(ii) (2012).
Hearings
No. 17-0476/AF. U.S. v. David C. Carpenter
II. CCA 38995.
No. 17-0405/AF. U.S. v. Sean C. Mooney.
CCA 38929.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 9, 2018
Petitions for Grant of Review Filed
No. 18-0095/AR. U.S. v. Travis S. Weber. CCA 20160536.
Petitions for Grant of Review Denied
No. 18-0050/AR. U.S. v. Thomas C. Richards. CCA 20160394.
Interlocutory Orders
No. 17-0476/AF. U.S. v. David C. Carpenter
II. CCA 38995. On consideration of Appellee's motion to unseal material under Mil. R. Evid. 412, it is ordered that the motion to unseal all
material previously sealed under Mil. R. Evid. 412 is
denied, and the motion in the alternative to allow the parties to discuss
sealed material during argument is granted in part, limited to so much of the
material that does not include the disclosure of the child victim's name at
oral argument.
No. 18-0068/AR. U.S. v. Noricole
Y. Hanson.
CCA
20160646. On consideration of Appellant's motion for leave to file a
pleading out of time and motion to extend to file the supplement to the
petition for grant of review, it is ordered that the motions are hereby
granted. Appellant will file the supplement to the petition for grant of review
on or before January 17, 2018.
Hearings
No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
January 8, 2018
Interlocutory Orders
No. 18-0064/AF. U.S. v. Brandon J. Allen.
CCA 39043. Appellant's third motion to extend time to
file the supplement to the petition for grant of review granted to January 16,
2018.
Petitions for Reconsideration Denied
No. 17-0429/AF. U.S. v. Clarence Anderson
III. CCA 39023. Appellant's petition for
reconsideration of the Court's order issued October 11, 2017 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 5, 2018
Petitions for Grant of Review Denied
No. 18-0063/AR. U.S. v. John W. Loniak. CCA 20150835.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 4, 2018
Petitions for Grant of Review Filed
No. 18-0094/MC. U.S. v. Artem
V. Kokuev. CCA 201700219.
Petitions for Grant of Review Denied
No. 18-0059/AR. U.S. v. Edward L. Crowder. CCA 20150728.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 3, 2018
Interlocutory Orders
No. 18-0073/NA. U.S. v. Sean L. Motsenbocker. CCA 201600285. Appellant's second motion to extend time to file
the supplement to the petition for grant of review granted to January 11, 2018.
No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 18, 2018.
No. 18-0093/AR. U.S. v. Nels F.
Jackson.
CCA
20120159. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to January 22, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 2, 2018
Petitions for Grant of Review Filed
No. 18-0092/MC. U.S. v. Robert D. Stewart. CCA 201700191.
No. 18-0093/AR. U.S. v. Nels F.
Jackson.
CCA
20120159.
Petitions for Grant of Review Denied
No. 17-0591/AR. U.S. v. Joseph C. Bozicevich,
Jr. CCA 20110683.
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