UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 29, 2018
Petitions for Grant of Review Filed
No. 18-0301/AR. U.S. v. Derrell
L. Davis.
CCA
20170418.
No. 18-0302/AR. U.S. v. Michael A. Bynum, Jr. CCA 20170141.
No. 18-0303/AR. U.S. v. Tahj B.
Lake.
CCA
20170431.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 28, 2018
Petitions for Grant of Review Filed
No. 18-0299/AF. U.S. v. David G. Chesser. CCA 39207.
No. 18-0300/AR. U.S. v. Ashley A. Chavous. CCA 20170402.
Petitions for Grant of Review -
Summary Dispositions
No. 18-0218/AR. U.S.
v. Leonidas M. Brossette. CCA 20170095. 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 noted that the
court-martial promulgating order states that Appellant was convicted of the
sole specification of Additional Charge I. However, the record reflects that
Appellant was acquitted of that specification. Accordingly, it is directed that
the promulgating order be corrected by changing the finding of the sole
specification of Additional Charge I from guilty to not guilty.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 27, 2018
Petitions for Grant of Review Filed
No. 18-0298/AR. U.S. v. David L. Jerkins. CCA 20140071.
Petitions for Grant of Review Denied
No. 18-0197/AR. U.S. v. Nicholas L. Frost. CCA 20160171.
Interlocutory Orders
No. 18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393. On
consideration of the motion filed by Lieutenant Doug Ottenwess
for leave to withdraw as appellate defense counsel, it is ordered that the
motion is granted.
No. 18-0255/AF. U.S. v. Micah J. Carroll.
CCA 39160.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review granted to July 13, 2018.
No. 18-0297/AF. U.S. Blake R. Poynor. CCA 39185. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to July 17, 2018.
Petitions for Reconsideration Denied
No. 17-0480/NA. U.S. v. Raiden J. Andrews. CCA 201600208. Appellant's
petition for reconsideration of the Court's decision, United States v. Andrews, 77 M.J. __ (C.A.A.F. 2018) is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 26, 2018
Petitions for Grant of Review Filed
No. 18-0296/AF. U.S. v. Joseph T. McCarson. CCA 39178.
No. 18-0297/AF. U.S. v. Blake R. Poynor. CCA 39185.
Petitions for Grant of Review Denied
No. 18-0195/AR. U.S. v. Charles W. Wood. CCA 20160364.
No. 18-0216/AR. U.S. v. Michael D. Trogdon. CCA 20160344.
No. 18-0238/AR. U.S. v. Lonnie L. Peterkin. CCA 20160278.
Interlocutory Orders
No. 16-0571/AR. U.S. v. Everald
S. Allen.
CCA 20130521.
Appellant's motion for reconsideration is denied.
No. 18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393. Appellant's
third motion to extend time to file the supplement to the petition for grant of
review granted to June 29, 2018.
No. 18-0262/AF. U.S. v. Kenneth W. Frank,
Jr. CCA 38854. Appellant's second motion to
extend time to file the supplement to the petition for grant of review granted
to July 16, 2018.
No. 18-0295/NA. U.S. v. Ericson J. Geronimohernandez. CCA 201600383. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 16, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 25, 2018
Petitions for Grant of Review Filed
No. 18-0294/AR. U.S. v. Bruce W. Wimberly. CCA 20160077.
No. 18-0295/NA. U.S. v. Ericson J. Geronimohernandez. CCA 201600383.
Appeals - Summary Dispositions
No. 17-0491/AR. U.S.
v. Nicholas S. Marcum. CCA 20150500. On further consideration of the granted issue, 77 M.J. 67 (C.A.A.F. 2017), and the
briefs of the parties, we conclude that unobjected to
challenges to improper argument are forfeited, not waived, and reviewed for
plain error. United States v. Kelly,
77 M.J. __, __ n.1(2 n.1) (C.A.A.F. 2018); United
States v. Andrews, 77 M.J. __ (C.A.A.F. 2018); United
States v. Pabelona, 76 M.J.
9, 11 (C.A.A.F. 2017). Accordingly, it is ordered
that the decision of the United States Army Court of Criminal Appeals is hereby
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).
Interlocutory Orders
No. 18-0249/AR. U.S. v. John P. Key. CCA 20170030. Appellant's
motion to submit matters pursuant to United
States v. Grostefon, 12 M.J.
431 (C.M.A. 1982) is granted.
No. 18-0270/CG. U.S. v. Michael H. Shermot. CCA 1447. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to July 12, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 22, 2018
Petitions for Grant of Review Filed
No. 18-0293/AR. U.S. v. John S. Burnworth. CCA 20170344.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 21, 2018
Petitions for Grant of Review Filed
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.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 20, 2018
Petitions for Grant of Review Filed
No. 18-0288/AF. U.S. v. Jeremiah L. King.
CCA 39055.
Petitions for Grant of Review Denied
No. 18-0229/AR. U.S. v. Stefan M. Hastings. CCA 20160730.
Interlocutory Orders
No. 18-0287/NA. U.S. v. Jacri Wright. CCA 201700354. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to July 10, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 19, 2018
Petitions for Grant of Review Filed
No. 18-0283/AF. U.S. v. James I. Miller.
CCA
S32433.
No. 18-0284/AR. U.S. v. Cornell Hurley, Jr. CCA 20160122.
No. 18-0285/AR. U.S. v. Antius
A. Cruzballester. CCA 20170524.
No. 18-0286/AR. U.S. v. Michael J. Paulino. CCA 20160388.
No. 18-0287/NA. U.S. v. Jacri Wright. CCA 201700354.
Petitions for Grant of Review Denied
No. 18-0244/AR. U.S. v. Joe C. Buchanan. CCA 20170188.
No. 18-0245/AR. U.S. v. Corey S. Fulton. CCA 20170117.
No. 18-0246/AR. U.S. v. Emmanuel Victoria. CCA 20170380.
Interlocutory Orders
No. 18-0260/MC. U.S. v. Gerardo R. Gomez. CCA 201600331. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 9, 2018.
No. 18-0279/AR. U.S. v. Maurice N. Johnson. CCA 20160245. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 6, 2018.
No. 18-0280/NA. U.S. v. Paul E. Cooper.
CCA
201500039. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to July 9, 2018.
No. 18-0281/AR. U.S. v. Henry M. Niehaus. CCA 20170115. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 9, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 18, 2018
Petitions for Grant of Review Filed
No. 18-0280/NA. U.S. v. Paul E. Cooper.
CCA 201500039.
No. 18-0281/AR. U.S. v. Henry M. Niehaus. CCA
20170115.
Petitions for Grant of Review Denied
No. 18-0198/AR. U.S. v. Nathan P. Cancellieri. CCA
20160525.
No. 18-0204/MC. U.S. v. Dakota S. Toth. CCA
201700014.
No. 18-0208/AR. U.S. v. Uvo T. Oghreikanone. CCA
20150447.
No. 18-0212/AF. U.S. v. Brandon M.
Anderson. CCA 39141.
No. 18-0213/AF. U.S. v. Brandon S.
Justice. CCA 39162.
No. 18-0221/AR. U.S. v. Patrick D. Donovan. CCA
20160758.
No. 18-0239/AR. U.S. v. Robert J. Smith IV. CCA
20170024.
No. 18-0241/AR. U.S. v. Eddie Ellis, Jr. CCA 20160250.
Certificates for Review Filed
No. 18-0282/NA. United States, Appellee/Cross-Appellant
v. Paul E. Cooper, Appellant/Cross-Appellee. CCA 201500039. Notice is hereby
given that a certificate for review of the decision of the United States
Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this
date on the following issues:
DID
THE LOWER COURT ERR NOT FINDING WAIVER OF THE RIGHT TO REQUEST INDIVIDUAL
MILITARY COUNSEL WHERE CROSS-APPELLEE WAS ADVISED OF
HIS RIGHT TO REQUEST AN INDIVIDUAL MILITARY COUNSEL, AGREED HE UNDERSTOOD THE
RIGHT BUT WANTED INSTEAD TO BE REPRESENTED BY TRIAL DEFENSE COUNSEL, AND MADE
NO MOTION FOR INDIVIDUAL MILITARY COUNSEL?
DID
THE LOWER COURT ERR IN NOT APPLYING THE STRICKLAND
INEFFECTIVE ASSISTANCE TEST WHERE THE GOVERNMENT AND TRIAL JUDGE PLAYED NO PART
IN THE DEFENSE'S FAILURE TO REQUEST INDIVIDUAL MILITARY COUNSEL, AND IF SO, DID
CROSS-APPELLEE SUFFER INEFFECTIVE ASSISTANCE OF
COUNSEL?
IF
STRICKLAND DOES NOT APPLY, DID THE
LOWER COURT CORRECTLY FIND CROSS-APPELLEE WAS
DEPRIVED OF HIS STATUTORY RIGHT TO REQUEST INDIVIDUAL MILITARY COUNSEL?
DID
THE LOWER COURT ERR IN IT'S PREJUDICE ANALYSIS FOR CROSS-APPELLEE'S
ASSERTED DEPRIVATION OF HIS STATUTORY RIGHT TO INDIVIDUAL MILITARY COUNSEL WHEN
CROSS-APPELLEE DID NOT PRESERVE THE ISSUE AT TRIAL, RAISED THE ISSUE FOR THE
FIRST TIME ON APPEAL, AND HAS ALLEGED NO SPECIFIC PREJUDICE?
Cross-Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
the 18th of July, 2018.
Orders Granting Petition for Review
No. 18-0209/AR. U.S.
v. Jeffrey G. Eugene. CCA
20160438. 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 the petition is granted on the
following issues:
I.
WHETHER APPELLANT'S REQUEST TO CRIMINAL
INVESTIGATION COMMAND [CID] THAT HIS CELL PHONE BE RETURNED WAS A WITHDRAWAL OF
THE THIRD PARTY CONSENT TO SEARCH GIVEN BY APPELLANT'S WIFE IN APPELLANT'S
ABSENCE.
II. WHETHER THE ARMY
COURT ERRED IN DETERMINING THE APPLICABILITY OF THE INEVITABLE DISCOVERY
DOCTRINE WHERE (1) THE CID AGENTS FAILED TO TAKE ANY STEPS TO OBTAIN A WARRANT
AND (2) THE CASE TOOK A "DEAD-END" UNTIL THE WARRANTLESS SEARCH.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 15, 2018
Petitions for Grant of Review Filed
No. 18-0279/AR. U.S. v. Maurice N. Johnson. CCA 20160245.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 14, 2018
Petitions for Grant of Review Denied
No. 18-0222/AR. U.S. v. Easton E. Smith. CCA 20170134.
No. 18-0235/AR. U.S. v. James N. Beverly. CCA 20170211.
Interlocutory Orders
No. 18-0250/AF. U.S. v. Carl M. Shea.
CCA 39158.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review granted to June 27, 2018.
No. 18-0277/AF. U.S. v. Jared M. Bard.
CCA 38766.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to July 5, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 13, 2018
Petitions for Grant of Review Filed
No. 18-0277/AF. U.S. v. Jared M. Bard.
CCA 38766.
No. 18-0278/AF. U.S. v. Demetris A. Touttoulos. CCA 39177.
Petition for Grant of Review Denied
No. 18-0236/AR. U.S. v. Sebastian B. McGill. CCA 20170351.
Mandate Issued
No. 17-0559/AR. U.S. v. Eric F. Kelly. CCA 20150725. The judgment
of the United States Army Court of Criminal Appeals is set aside in accordance
with the opinion filed herein this date. The record of trial is returned to the
Judge Advocate General of the Army for remand to the United States Army Court
of Criminal Appeals for an assessment of sentence appropriateness pursuant to
Article 66(c), UCMJ, 10 U.S.C. § 866(c) (2012), consistent with this decision.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 11, 2018
Petitions for Grant of Review Filed
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.
Petitions for Grant of Review Denied
No. 18-0191/MC. U.S. v. Jack L. Grina. CCA 201700008.
No. 18-0205/AR. U.S. v. Eric C. Hargrove. CCA 20160141.
No. 18-0215/AR. U.S. v. Kristopher D. Folsom. CCA 20170263.
No. 18-0231/AR. U.S. v. Steven S. Rozier,
Jr. CCA 20170407.
No. 18-0233/AR. U.S. v. Justin D. Barton. CCA 20170219.
Interlocutory Orders
No. 18-0267/AR. U.S. v. Jason A. Kohlbek. CCA 20160427. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 2, 2018.
No. 18-0270/CG. U.S. v. Michael H. Shermot. CCA 1447. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to July 2, 2018.
No. 18-0272/AR. U.S. v. Scott W. Koch. CCA 20160107. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 29, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 8, 2018
Petitions for Grant of Review Filed
No. 18-0267/AR. U.S. v. Jason A. Kohlbek. CCA 20160427.
No. 18-0268/AR. U.S. v. Robert G. Burmeister. CCA 20170065.
No. 18-0269/AR. U.S. v. Jose A. Avila, Jr. CCA 20170460.
No. 18-0270/CG. U.S. v. Michael H. Shermot. CCA 1447.
No. 18-0271/AR. U.S. v. Marcus V.B.
Goncalves. CCA 20170563.
No. 18-0272/AR. U.S. v. Scott W. Koch. CCA 20160107.
No. 18-0273/AR. U.S. v. Norman R. Stout. CCA 20120592.
No. 18-0274/AR. U.S. v. Casey R. West. CCA 20170282.
Interlocutory Orders
No. 18-0256/AF. James W. Richards IV, Petitioner v. The United States Air Force Court of Criminal Appeals, Respondent.
CCA
2017-04. On consideration of Petitioner's motion to withdraw the
petition for extraordinary relief in the nature of a writ of mandamus as moot,
it is ordered that the motion is granted.
No. 18-0266/AR. U.S. v. Taylor L. Werner. CCA 20160741. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 28, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 7, 2018
Petitions for Grant of Review Denied
No. 18-0196/AR. U.S. v. Jose D. Flores. CCA 20170050.
No. 18-0199/AR. U.S. v. Cornel B. Saunders. CCA 20170058.
Mandates Issued
No. 17-0551/AF. U.S. v. Thomas E. Barker.
CCA 39086.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 6, 2018
Petitions for Grant of Review Filed
No. 18-0266/AR. U.S. v. Taylor L. Werner. CCA 20160741.
Miscellaneous Docket - Summary
Dispositions
No. 18-0240/AF. Damario A. Coleman, Appellant
v. United States, Appellee. CCA 2018-02. On consideration of the writ-appeal petition, it is
ordered that the writ-appeal petition is denied.
No. 18-0243/NA. Joshua G. Anderson, Appellant v. United States, Appellee. CCA 201200499. On consideration of
the writ-appeal petition, it is ordered that the writ-appeal petition is dismissed
for lack of jurisdiction.
Appeals - Summary Dispositions
No. 18-0107/AR. U.S.
v. Jameson T. Hazelbower. CCA 20150335. On consideration of
the granted issue, 77 M.J. 273 (C.A.A.F.
2018), the judgment of the United States Army Court of Criminal Appeals, United States v. Hazelbower,
No. 20150335 (A. Ct. Crim. App. Nov. 22, 2017) (unpublished), and the judgment
of this Court in United States v. Guardado, 77 M.J. 90 (C.A.A.F. 2017), we conclude that the military judge's
erroneous use of charged misconduct for propensity purposes was harmless beyond
a reasonable doubt, for "there [i]s no
reasonable possibility that the error contributed to [Appellant]'s
verdict." United
States v. Hukill, 76 M.J.
219, 222 (C.A.A.F. 2017) (citation omitted). In
the instant case, the victims' accounts were corroborated by a wealth of
independent supporting evidence, including (but not limited to) admissions of
rape, incriminating text and Skype messages, and the exchange of nude
photographs. Given the overwhelming evidence of Appellant's guilt, we are
convinced beyond a reasonable doubt that Appellant was convicted on the
strength of the evidence alone. Guardado, 77 M.J.
at 94. Therefore, it is ordered that the judgment of the United States
Army Court of Criminal Appeals is affirmed.
Interlocutory Orders
No. 18-0262/AF. U.S. v. Kenneth W. Frank,
Jr. CCA 38854. Appellant's motion to extend
time to file the supplement to the petition for grant of review granted to June
26, 2018.
No. 18-0263/AF. U.S. v. Mattox A. Davis.
CCA 39157.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to June 26, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 5, 2018
Petitions for Grant of Review Filed
No. 18-0264/AR. U.S. v. Steven A. Quiltang. CCA 20170092.
No. 18-0265/AF. U.S. v. Michael E.
Tostado. CCA S32474.
Petitions for Grant of Review Denied
No. 18-0203/AR. U.S. v. Jenea
R. Knight.
CCA
20160608.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 4, 2018
Petitions for Grant of Review Filed
No. 18-0261/NA. U.S. v. Alex J. Werner.
CCA
201700289.
No. 18-0262/AF. U.S. v. Kenneth W. Frank,
Jr. CCA 38854.
No. 18-0263/AF. U.S. v. Mattox A. Davis.
CCA 39157.
Petitions for Grant of Review Denied
No. 18-0220/AF. U.S. v. Jamie L. Devault.
CCA 39147.
Interlocutory Orders
No. 18-0258/NA. U.S. v. Joseph J. Vargo. CCA 201700310. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 25, 2018.
No. 18-0259/AR. U.S. v. Lorne C. Falcon. CCA 20160176. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 25, 2018.
No. 18-0260/MC. U.S. v Gerardo R. Gomez. CCA 201600331. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 25, 2018.
No. 18-0261/NA. U.S. v. Alex J. Werner.
CCA
201700289. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to June 25, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 1, 2018
Petitions for Grant of Review Filed
No. 18-0259/AR. U.S. v. Lorne C. Falcon. CCA 20160176.
No. 18-0260/MC. U.S. v Gerardo R. Gomez. CCA 201600331.
Interlocutory Orders
No. 18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to June 25, 2018.
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