UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 31, 2018
Petitions for Grant of Review Filed
No. 18-0322/AR. U.S. v. Jefferson B. Taylor. CCA 20170637.
Interlocutory Orders
No. 18-0247/AR. U.S. v. Hector Nicola. CCA 20150781. Appellant's
motion to extend time to file a brief granted to September 4, 2018.
No. 18-0317/AR. U.S. v. Chelsea E. Manning. CCA 20130739. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to August 20, 2018.
No. 18-0318/AF. U.S. v. Zachariah S. Noga. CCA 39199. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to August 20, 2018.
No. 18-0319/AF. U.S. v. Bryant H. Preston.
CCA 38996.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to August 20, 2018.
Petitions for Reconsideration Denied
No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's
petition for reconsideration of the Court's decision, United States v. Williams, 77 M.J. __ (C.A.A.F. 2018) is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 30, 2018
Petitions for Grant of Review Filed
No. 18-0319/AF. U.S. v. Bryant H. Preston.
CCA 38996.
No. 18-0320/AR. U.S. v. Oshea
D. Miller.
CCA
20160422.
No. 18-0321/NA. U.S. v. Troy D. Biggham. CCA 201700348.
Petitions for Grant of Review Denied
No. 18-0266/AR. U.S. v. Taylor L. Werner. CCA 20160741.
No. 18-0298/AR. U.S. v. David L. Jerkins. CCA 20140071.
No. 18-0299/AF. U.S. v. David G. Chesser. CCA 39207.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 27, 2018
Petitions for Grant of Review Filed
No. 18-0317/AR. U.S. v. Chelsea E. Manning. CCA 20130739.
No. 18-0318/AF. U.S. v. Zachariah S. Noga. CCA 39199.
Petitions for Grant of Review Denied
No. 18-0200/AR. U.S. v. Dwight D. Harris, Jr. CCA 20131045.
No. 18-0250/AF. U.S. v. Carl M. Shea.
CCA 39158.
No. 18-0261/NA. U.S. v. Alex J. Werner.
CCA
201700238.
No. 18-0263/AF. U.S. v. Mattox A. Davis.
CCA 39157.
No. 18-0264/AR. U.S. v. Steven A. Quilantang. CCA 20170092.
No. 18-0296/AF. U.S. v. Joseph T. McCarson. CCA 39178.
Interlocutory Orders
No. 18-0201/AR. U.S. v. Anthony M. Bodoh. CCA 20150218. Appellant's
motion to extend time to file a brief granted to August 23, 2018.
Mandates Issued
No. 17-0604/AR. U.S. v. Christopher E. Christensen. CCA 20140372.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 26, 2018
Petitions for Grant of Review Filed
No. 18-0315/AR. U.S. v. Isaac R. Rangel. CCA 20170482.
No. 18-0316/AR. U.S. v. Mario I. Lopez. CCA 20140973.
Orders Granting Petition for Review
No. 18-0211/AR. U.S.
v. Graham H. Smith. CCA 20160150. 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 issues:
I. WHETHER THE MILITARY JUDGE ABUSED HER
DISCRETION IN DENYING A DEFENSE MOTION TO SUPPRESS EVIDENCE OBTAINED FROM
APPELLANT'S CELLULAR TELEPHONE BECAUSE ACCESS TO THE CONTENTS OF THE IPHONE WOULD NOT HAVE BEEN AVAILABLE BUT FOR THE
GOVERNMENT'S ILLEGAL SEARCH AND THE GOOD FAITH DOCTRINE WOULD BE INAPPLICABLE
UNDER THE CIRCUMSTANCES.
II. WHETHER THE ARMY COURT OF CRIMINAL APPEALS
ERRED IN DEEMING THE INSUFFICIENT NEXUS ISSUE WAIVED BECAUSE THERE WAS NO
DELIBERATE DECISION NOT TO PRESENT A GROUND FOR POTENTIAL RELIEF BUT INSTEAD
ONLY A FAILURE TO SUCCINCTLY ARTICULATE THE GROUNDS UPON WHICH RELIEF WAS
SOUGHT.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 24, 2018
Orders Granting Petition for Review
No. 18-0251/NA. U.S. v. Austin T. Greening. CCA 201700040. 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 PROSECUTION OF APPELLANT VIOLATED
THE FIFTH AMENDMENT'S DOUBLE JEOPARDY PROHIBITION.
No
briefs will be filed under Rule 25.
No. 18-0267/AR. U.S.
v. Jason A. Kohlbek. CCA 20160427. 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 ERRED BY MISCONSTRUING MIL.R.EVID. 707 AND PROHIBITING APPELLANT FROM
PRESENTING EVIDENCE RELEVANT TO APPELLANT'S POST-POLYGRAPH STATEMENT.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150. Appellee's motion to file a 10-day letter out of time is
denied.
No. 18-0259/AR. U.S. v. Lorne C. Falcon. CCA 20160176. Appellant's
motion to submit matters pursuant to United
States v. Grostefon, 12 M.J.
431 (C.M.A. 1982) is granted.
No. 18-0312/AF. U.S. v. Gabriel C.
Villanueva. CCA 39300. Appellant's motion to extend time to file a
supplement to the petition for grant of review granted to August 13, 2018.
Mandates Issued
No. 17-0553/AF. U.S. v. Ryan A. Hardy.
CCA 38937.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 23, 2018
Petitions for Grant of Review Filed
No. 18-0312/AF. U.S. v. Gabriel C.
Villanueva. CCA 39300.
No. 18-0313/MC. U.S. v. Christopher T. Pena. CCA 201700327.
No. 18-0314/AR. U.S. v. James E. Hopkins. CCA 20140913.
Petitions for Grant of Review Denied
No. 18-0283/AF. U.S. v. James I. Miller.
CCA
S32433.
No. 18-0289/AR. U.S. v. Nicholas W. Souza. CCA 20160612.
No. 18-0290/AR. U.S. v. Lamont D. Hughes. CCA 20170249.
No. 18-0291/AR. U.S. v. Joshua J. Munger. CCA 20170397.
No. 18-0292/AR. U.S. v. Logan C. Peters. CCA 20170480.
Interlocutory Orders
No. 18-0277/AF. U.S. v. Jared M. Bard.
CCA 38766.
Appellant's motion for leave to file Appendix B of the supplement to the
petition for grant of review under seal is granted.
No. 18-0311/AF. U.S. v. Leon A. Brown IV.
CCA 38864.
Appellant's motion to extend time to file a supplement to the petition for
grant of review granted to August 13, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 20, 2018
Petitions for Grant of Review Filed
No. 18-0311/AF. U.S. v. Leon A. Brown IV.
CCA 38864.
Orders Granting Petition for Review
No. 18-0247/AR. U.S.
v. Hector Nicola. CCA 20150781. 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 EVIDENCE OF INDECENT VIEWING IN VIOLATION OF
ARTICLE 120c, UCMJ, WAS LEGALLY SUFFICIENT.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 19, 2018
Petitions for Grant of Review Denied
No. 18-0217/MC. U.S. v. Caleb J. Frasure. CCA 201700030.
No. 18-0224/CG. U.S. v. William A. Fisher.
CCA 1444.*
No. 18-0225/AF. U.S. v. Clint A. Williams.
CCA 39142.
No. 18-0232/CG. U.S. v. Jerry W. Clifft. CCA 1446.**
No. 18-0242/AF. U.S. v. William D. Maske. CCA 39146.
No. 18-0252/NA. U.S. v. Gary W. Mitchell.
CCA
201600327.
No. 18-0274/AR. U.S. v. Casey R. West. CCA 20170282.
No. 18-0275/AF. U.S. v. Benjamin L. Ten
Eyck. CCA 39188.
No. 18-0276/AF. U.S. v. Bradley D. Hintz.
CCA 39136.
No. 18-0278/AF. U.S. v. Demetris A. Touttoulos. CCA 39177.
No. 18-0293/AR. U.S. v. John S. Burnworth. CCA 20170344.
Petitions for Grant of Review -
Summary Dispositions
No. 18-0253/AR. U.S.
v. Stephen C. McGinn. CCA 20150726. On consideration of the petition for grant
of review of the decision of the United States Army Court of Criminal Appeals,
we conclude that (1) Appellant did not waive the error resulting from the
improper propensity instructions as we do not construe the failure to object to
what was the settled law at the time as an intentional relinquishment of a
known right, but (2) the error was harmless beyond a reasonable doubt.
Accordingly,
it is ordered that said petition is hereby granted, and the decision of the
United States Army Court of Criminal Appeals, except with respect to the matter
of waiver, is affirmed.
Appeals — Summary Dispositions
No. 17-0605/AR. U.S.
v. Erik J. Burris. CCA 20150047. On further
consideration of the granted issue (77 M.J. 138 (C.A.A.F. 2017)), the briefs of the parties, and oral
argument, we note that the United States Army Court of Criminal Appeals
concluded that the mere failure to object to evidence and findings argument
waives challenges to such evidence and argument and that the Government
concedes that the lower court's reasoning was in error. We agree with the
Government that a mere failure to object to the admission of evidence and to findings
argument constitutes forfeiture, not waiver. United States v. Andrews, 77 M.J. 393 (C.A.A.F. 2018), United States v. Knapp, 73 M.J. 33, 36 (C.A.A.F. 2014).
We further note that the Government has argued for the first time in this Court
that Appellant affirmatively waived his challenges to the admission of
character evidence and argument. We leave this argument for the lower court to
address on remand.
Accordingly, it is ordered that the decision of the United States Army Court of
Criminal Appeals is set aside. The record of trial is returned to the Judge
Advocate General of the Army for remand to the Court of Criminal Appeals for a
new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (2012).
Orders Granting Petition for Review
No. 18-0254/AR. U.S.
v. Steven M. Tucker. CCA 20150634. 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 ARMY COURT ERRED IN HOLDING THAT THE MINIMUM MENS
REA REQUIRED UNDER CLAUSES 1 AND 2 OF ARTICLE 134, UCMJ,
TO SEPARATE WRONGFUL FROM INNOCENT CONDUCT IS SIMPLE NEGLIGENCE.
Briefs will be filed under Rule 25.
___________________________________
* The Clerk of Court is ordered to seal
the MRE 412 matters.
** The Clerk of Court is ordered to seal
Appellate Exhibits XIV, XV & XVI.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 18, 2018
Miscellaneous Docket - Summary
Disposition
No. 18-0228/AR. U.S.
v. Colby S. Morris. CCA 20180088. On consideration of
the writ-appeal petition, it is ordered that the writ-appeal petition is denied
without prejudice to raising the issues during the course of normal appellate
review.
Interlocutory Orders
No. 18-0217/MC. U.S. v. Caleb J. Frasure. CCA 201700030. Appellee's motion to file a 10-day letter out of time is
denied.
No. 18-0310/MC. U.S. v. Edwin A. Ehlers. CCA 2000800190. Appellant's
motion to extend time to file a petition for grant of review is granted to
August 17, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 17, 2018
Interlocutory Orders
No. 18-0207/NA. U.S. v. James R. Freeman.
CCA
201700043. Appellee's motion to file a 10-day
letter out of time is denied.
No. 18-0251/NA. U.S. v. Austin T.
Greening. CCA 201700040. Appellant's motion to supplement the supplement
to the petition for grant of review is granted.
No. 18-0255/AF. U.S. v. Micah J. Carroll.
CCA 39160.
Appellant's motion for leave to file Issue II of the supplement to the petition
for grant of review under seal is granted.
No. 18-0276/AF. U.S. v. Bradley D. Hintz.
CCA 39136.
Appellant's motion to attach documents is denied.
Petitions for Reconsideration Denied
No. 17-0553/AF. U.S. v. Ryan A. Hardy.
CCA 38937.
Appellant's petition for reconsideration of the Court's decision, United States v. Hardy, 77 M.J. __ (C.A.A.F. 2018) is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 12, 2018
Interlocutory Orders
No. 18-0162/AF. U.S. v. James M. Hale.
CCA 39101.
Appellee's motion to file a supplemental joint
appendix is granted.
No. 18-0226/AF. U.S. v. Frank M. Vargas.
CCA 38991.
On consideration of Appellant's petition for grant of review of the decision of
the United States Air Force Court of Criminal Appeals, Appellant's motion to
stay trial proceedings, and Appellee's motion to
dismiss the petition, it is noted that the Court of Criminal Appeals set aside
the findings of guilt and the sentence and authorized a rehearing. Under
Article 67(c), Uniform Code of Military Justice, 10 U.S.C.
§ 867(c) (2012), this Court has jurisdiction to consider the petition. However,
given the possibility of a rehearing, the petition is not ripe for review at
this time. Accordingly, it is ordered that the petition for grant of review is
denied without prejudice to Appellant's right to raise the matters asserted
during the normal course of appellate review, and the motions to dismiss and to
stay trial proceedings are denied as moot.
No. 18-0258/NA. U.S. v. Joseph J. Vargo. CCA 201700310. Appellant's motion to withdraw the petition for
grant of review is granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, July 11, 2018
Petitions for Grant
of Review Denied
No.
18-0257/AR. U.S. v. Jason A. Schnelle. CCA 20160405.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 10, 2018
Petitions for Grant of Review Filed
No. 18-0309/AR. U.S. v. Jessica A. Barton. CCA 20170476.
Interlocutory Orders
No. 18-0307/AF. U.S. v. Paul R.
Schweitzer. CCA 39212. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to July 30, 2018.
No. 18-0308/AR. U.S. v. Cedric L. McDonald. CCA 20160339. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 31, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 9, 2018
Petitions for Grant of Review Filed
No. 18-0308/AR. U.S. v. Cedric L. McDonald. CCA
20160339.
Petitions for Grant of Review Denied
No. 18-0249/AR. U.S. v. John P. Key. CCA
20170030.
No. 18-0265/AF. U.S. v. Michael E.
Tostado. CCA S32474.
No. 18-0268/AR. U.S. v. Robert G. Burmeister. CCA
20170065.
No. 18-0271/AR. U.S. v. Marcus Vinicius B. Goncalves. CCA
20170563.
Orders Granting Petition for Review
No. 18-0201/AR. U.S.
v. Anthony M. Bodoh. CCA
20150218. 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 PLAINLY ERRED BY ALLOWING THE TRIAL COUNSEL TO MISSTATE THE
LAW AND ARGUE THAT THE PANEL SHOULD BASE ITS VERDICT ON SHARP TRAINING.
Briefs
will be filed under Rule 25.
Mandates Issued
No. 18-0133/AR. U.S. v. James B. Hendrix. CCA
20170439.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 5, 2018
Petitions for Grant of Review Filed
No. 18-0305/AR. U.S. v. Michael C. Gleason. CCA 20150379.
No. 18-0306/AR. U.S. v. Lyndon T. Walker. CCA 20170285.
No. 18-0307/AF. U.S. v. Paul R.
Schweitzer. CCA 39212.
Petitions for Grant of Review Denied
No. 18-0227/NA. U.S. v. Khoi V. Pham. CCA 201600313.
No. 18-0230/AR. U.S. v. Jonathon M. Witcher. CCA 20160114.
No. 18-0237/AF. U.S. v. Matthew J.T. Pacheco. CCA S32441.
Miscellaneous Docket - Summary
Dispositions
No. 18-0248/CG. Shane E. Reese, Appellant v. United States, Appellee. CCA 0324. On consideration of
the writ-appeal petition, it is ordered that the writ-appeal is denied.
Interlocutory Orders
No. 18-0243/NA. Joshua G. Anderson, Appellant v. United
States, Appellee. CCA 201200499. Appellant's
motion for an enlargement of time to file a reply is denied as moot.
No. 18-0277/AF. U.S. v. Jared M. Bard.
CCA 38766.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review granted to July 20, 2018.
No. 18-0282/NA. United States, Appellee/Cross-Appellant v. Paul E. Cooper,
Appellant/Cross-Appellee. CCA 201500039.
Appellant/Cross-Appellee's motion to extend time to
file a brief granted to July 13, 2018.
Mandates Issued
No. 17-0480/NA. U.S. v. Raiden J. Andrews. CCA 201600208.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 3, 2018
Petitions for Grant of Review Filed
No. 18-0304/NA. U.S.
v. Lamar Forbes. CCA 201600357.
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