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.



Home Page |  Opinions & Digest  |  Daily Journal  |  Scheduled Hearings  |  Search Site