UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 30, 2018
Petitions for Grant of Review Filed
No. 18-0183/NA. U.S. v. William A. Shields
III. CCA 201600133.
No. 18-0184/AR. U.S. v. Albert J. Wills. CCA 20170133.
No. 18-0185/AR. U.S. v. Robert C. Delmaster. CCA 20150593.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
March 29, 2018
Petitions for Grant of Review Filed
No. 18-0181/AR. U.S. v. Roberto Flores. CCA 20160252.
No. 18-0182/AR. U.S. v. Carl E. Ballinger. CCA 20160751.
Miscellaneous Docket - Filings
No. 18-0180/MC. U.S. v. Luiji
R. Pierre.
CCA
201300257. Notice is hereby given that a writ-appeal petition for review
of the decision of the United States Navy-Marine Corps Court of Criminal
Appeals on application for extraordinary relief was filed under Rule 27(b) on
this date.
Interlocutory Orders
No. 18-0156/AR. U.S. v. Allan S. Barayuga. CCA 20160035. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to April 11, 2018.
Petitions for Reconsideration Denied
No. 18-0121/AR. U.S. v. Rudy L. Rivera. CCA 20160393. Appellant's
petition for reconsideration of the Court's order issued March 5, 2018 is
denied.
Mandates Issued
No. 17-0326/AF. U.S. v. Joshua Katso. CCA 38005.
No. 17-0405/AF. U.S. v. Sean C. Mooney.
CCA 38929.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 28, 2018
Petitions for Grant of Review Filed
No. 18-0176/AR. U.S. v. Prince J. Brown. CCA 20160195.
No. 18-0178/AR. U.S. v. Fredyshernan
Contreras-Ramos.
CCA
20160182.
No. 18-0179/AR. U.S. v. Adam M. Villegas. CCA 20160319.
Miscellaneous Docket - Filings
No. 18-0167/NA. U.S. v. Charles M.
Burleson. CCA 200700143. Notice is hereby given that a writ-appeal
petition for review of the decision of the United States Navy-Marine Corps
Court of Criminal Appeals on application for extraordinary relief was filed
under Rule 27(b) on this date.
No. 18-0177/AR. U.S. v. Rob W. Roberts. CCA 20180005. Notice is
hereby given that a writ-appeal petition for review of the decision of the
United States Army Court of Criminal Appeals on application for extraordinary
relief was filed under Rule 27(b) on this date.
Interlocutory Orders
No. 18-0154/AR. U.S. v. Ronald S. Nagy. CCA 20140352. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review is granted to April 12, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 27, 2018
Petitions for Grant of Review Filed
No. 18-0175/AR. U.S. v. Edison C. Robertson, Jr. CCA 20170022.
Petitions for Grant of Review Denied
No. 18-0120/AR. U.S. v. Noel G. Aguiar-Perez. CCA 20140715.
No. 18-0134/AF. U.S. v. Aaron M. Buford.
CCA 39087.
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 - Summary
Dispositions
No. 18-0140/NA. U.S. v. D'Urville
A. Christopher. CCA 201600249. 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, and the decision of the United States Navy-Marine Corps Court
of Criminal Appeals is affirmed.*
* The Clerk of Court is
ordered to seal pages 1479-82 of the transcript.
Interlocutory Orders
No. 18-0150/AF. U.S. v. Jhoan M. Catano. CCA 39092.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review granted to April 9, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
March 26, 2018
Petitions for Grant of Review Denied
No. 18-0136/AF. U.S. v. Jerrid J. Olson. CCA 39093.
No. 18-0137/AR. U.S. v. Manuel Ortiz III. CCA 20150267.
No. 18-0139/AR. U.S. v. Manuel A. Ortiz. CCA 20170356.
No. 18-0141/AR. U.S. v. Kelvin Moreno. CCA 20160535.
Interlocutory Orders
No. 18-0120/AR. U.S. v. Noel G. Aguiar-Perez. CCA 20140715. Appellee's motion to file a 10-day letter out of time
is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 23, 2018
Petitions for Grant of Review Filed
No. 18-0172/AR. U.S. v. Kareem J. Harrison. CCA 20170310.
No. 18-0173/AR. U.S. v. John C. Wheeler III. CCA 20170054.
No. 18-0174/AR. U.S. v. Shane G. Gillins. CCA 20160705.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
March 22, 2018
Interlocutory Orders
No. 18-0170/AF. U.S. v. India M. Pacheco.
CCA
S32428. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to April 9, 2018.
Hearings
No. 17-0605/AR. U.S. v. Erik J. Burris. CCA 20150047.
No. 17-0162/NA. U.S. v. Keith E. Barry.
CCA
201500064.
No. 17-0556/AR. U.S. v. Joseph R. Armstrong. CCA 20150424.
No. 17-0559/AR. U.S. v. Eric F. Kelly. CCA 20150725.
Mandates Issued
No. 17-0434/AF. U.S. v. Edzel D. Mangahas. CCA 2016-10.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 20, 2018
Petitions for Grant of Review Denied
No. 18-0116/AR. U.S. v. Patrick A. Battles. CCA 20140399.
Orders Granting Petition for Review
No. 18-0114/MC. U.S.
v. Steven M. Larrabee. CCA 201700075. 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:
10
U.S.C. § 6332 STATES THAT THE TRANSFER OF A SERVICEMEMBER TO RETIRED STATUS IS "CONCLUSIVE FOR ALL
PURPOSES." CAN A COURT-MARTIAL SENTENCE A RETIREE TO A PUNITIVE DISCHARGE?
No
briefs will be filed under Rule 25.
Mandates Issued
No. 17-0392/AF. U.S. v. Robert A. Condon.
CCA 38765.
No. 17-0404/AF. U.S. v. Vashaun M. Blanks. CCA 38891.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
March 19, 2018
Petitions for Grant of Review Filed
No. 18-0168/AR. U.S. v. Lateisha
D. Parker-Sellers.
CCA
20160400.
No. 18-0169/AR. U.S. v. Jared E. Brindle. CCA 20170255.
No. 18-0170/AF. U.S. v. India M. Pacheco.
CCA
S32428.
Petitions for Grant of Review Denied
No. 18-0103/AF. U.S. v. Harrison B.
Linthicum. CCA 39069.
No. 18-0108/AR. U.S. v. Michael G. Walker. CCA 20160540.
No. 18-0117/AF. U.S. v. Braxton T.
Swafford. CCA S32435.
Miscellaneous Docket - Filings
No. 18-0167/NA. Charles M. Burleson, Appellant v. United
States, Appellee. CCA 200700143. Notice is
hereby given that a motion for an extension of time to file a writ-appeal
petition was filed under Rule 30 on March 16, 2018, and placed on the docket
this date. On consideration thereof, it is ordered that the motion is granted
to March 29, 2018.
No.
18-0171/AR. Thomas M. Adams, Appellant v. J. Harper Cook, Colonel, Military
Judge, United States Army, Appellee. CCA 20170581.
Notice is hereby given that a writ-appeal petition for review of the decision
of the United States Army Court of Criminal Appeals on application for
extraordinary relief was filed under Rule 27(b) on this date.
Interlocutory Orders
No. 18-0116/AR. U.S. v. Patrick A. Battles. CCA 20140399. Appellee's motion to file a 10-day letter out of time is denied.
No. 18-0163/AR. U.S. v. Andre L. Holley. CCA 20160509. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 5, 2018.
No. 18-0164/AR. U.S. v. Kysean
A. Pettis.
CCA
20160246. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to April 5, 2018.
No. 18-0166/AF. U.S. v. Kaylyn N. Brown. CCA 39283. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 5, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 16, 2018
Petitions for Grant of Review Filed
No. 18-0163/AR. U.S. v. Andre L. Holley. CCA 20160509.
No. 18-0164/AR. U.S. v. Kysean
A. Pettis.
CCA
20160246.
No. 18-0165/AR. U.S. v. Keshawn
A. Flournoy. CCA 20160451.
No. 18-0166/AF. U.S. v. Kaylyn N. Brown. CCA 39283.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
March 15, 2018
Petitions for Grant of Review Filed
No. 18-0162/AF. U.S. v. James M. Hale.
CCA 39101.
Petitions for Grant of Review Denied
No. 18-0119/AR. U.S. v. Noel A. Olivares. CCA 20170062.
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. 18-0108/AR. U.S. v. Michael G. Walker. CCA 20160540. Appellee's motion to file a 10-day letter out of time is
denied.
No. 18-0114/MC. U.S. v. Steven M. Larrabee. CCA 201700075. Appellee's motion to file a 10-day letter out of time is
denied.
No. 18-0144/AR. U.S. v. Kevin L. West. CCA 20160586. Appellant's
motion to dismiss the petition for grant of review without prejudice is
granted, and the petition is dismissed without prejudice to Appellant's right
to re-file a petition upon completion of reconsideration and Article 66(c)
review.
No. 18-0162/AF. U.S. v. James M. Hale.
CCA 39101.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to April 4, 2018.
Petitions for Reconsideration Denied
No. 17-0434/AF. U.S. v. Edzel D. Mangahas. CCA 2016-10.
Appellee's petition for reconsideration of this
Court's decision, United States v. Mangahas,
77 M.J. __ (C.A.A.F. 2018)
is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 14, 2018
Petitions for Grant of Review Filed
No. 18-0161/AR. U.S. v. Alvin W. Bradley. CCA 20150752.
Petitions for Grant of Review Denied
No. 18-0109/AF. U.S. v. Joshua J. Dowd.
CCA 39073.
No. 18-0111/AR. U.S. v. Terrence J. Frierson. CCA 20150603.
No. 18-0124/AF. U.S. v. Elijah M.
Langhorne. CCA 39047.
Special Docket Matters
No. 27961. In the matter of Charles H.
Webb. It appearing that the above-named attorney is a member of the Bar
of this Court and has been suspended from the practice of law for a period of
sixty days and been placed in a probationary status for one year by the Florida
Bar, that, pursuant to Rule 15(b), Rules of Practice and Procedure, United
States Court of Appeals for the Armed Forces, said attorney was suspended from
the practice of law before the Court and was directed to show cause why he
should not be disbarred. Having
considered the matters submitted by said attorney in response, and in
consideration of the matters giving rise to this suspension, it is ordered that
Charles H. Webb is suspended from the practice of law before this Court for a
period of nine months effective the date of this order.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 13, 2018
Miscellaneous Docket - Summary
Dispositions
No. 18-0147/AR. In re Gregory J. Murray. CCA 20180025. On consideration of
the 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, it is ordered that the petition is hereby dismissed
for lack of jurisdiction.
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 participate in oral
argument as amici curiae, it is ordered that the motion
is granted, and that amici curiae will be allotted 10 minutes to
present oral argument.
No. 18-0160/AR. U.S. v. Thomas A. Davis. CCA 20160366. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 2, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
March 12, 2018
Petitions for Grant of Review Filed
No. 18-0158/AF. U.S. v. Robert J. Kelgard. CCA 39118.
No. 18-0159/AF. U.S. v. Christopher J.
Jones. CCA 39117.
No. 18-0160/AR. U.S. v. Thomas A. Davis. CCA 20160366.
Orders Granting Petition for Review
No. 18-0133/AR. U.S.
v. James B. Hendrix. CCA 20170439. On consideration of
the petition for grant of review of the decision of the United States Army
Court of Criminal Appeals on appeal by the United States under Article 62,
Uniform Code of Military Justice, 10 U.S.C. § 862, it
is ordered that said petition is hereby granted on the following issue:
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY
DISMISSING THE CHARGE AND SPECIFICATIONS WITH PREJUDICE FOR A VIOLATION OF R.C.M. 707.
Pursuant
to Rule 19(a)(7)(A), no further pleadings will be
filed.
Interlocutory Orders
No. 18-0154/AR. U.S. v. Ronald S. Nagy. CCA 20140352. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to March 29, 2018.
No. 18-0155/AR. U.S. v. Diego D. Hurel-Fernandez. CCA 20160371. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to March 29, 2018.
No. 18-0156/AR. U.S. v. Allan S. Barayuga. CCA 20160035. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to March 29, 2018.
No. 18-0158/AF. U.S. v. Robert J. Kelgard. CCA 39118. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 2, 2108.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 9, 2018
Petitions for Grant of Review Filed
No. 18-0153/AF. U.S. v. Eric A. Hyler.
CCA 39173.
No. 18-0154/AR. U.S. v. Ronald S. Nagy. CCA
20140352.
No. 18-0155/AR. U.S. v. Diego D. Hurel-Fernandez. CCA
20160371.
No. 18-0156/AR. U.S. v. Allan S. Barayuga. CCA
20160035.
No. 18-0157/AR. U.S. v. James N. Costigan. CCA
20150052.
Petitions for Grant of Review Denied
No. 18-0102/NA. U.S. v. Michael J. Norton.
CCA 201700166.
No. 18-0130/AF. U.S. v. Thomas J. Neill.
CCA 39099.
Interlocutory Orders
No. 18-0133/AR. U.S. v. James B. Hendrix. CCA
20170439. Appellant's motion for a stay of trial proceedings pending a
decision on the Article 62 Appeal is granted, and the proceedings are hereby
stayed until further order of the Court.
No. 18-0135/AF. U.S. v. Dorian A.
Hamilton. CCA 39085. Appellant's second motion
to extend time to file the supplement to the petition for grant of review
granted to March 22, 2018.
Petitions for Reconsideration Denied
No. 18-0029/AR. U.S. v. Lawrence J. Franks, Jr. CCA 20140952. Appellant's petition for reconsideration of
this Court's order issued February 7, 2018 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 7, 2018
Petitions for Grant of Review Filed
No. 18-0151/AF. U.S. v. Carl J. Lambertson. CCA 39120.
No. 18-0152/MC. U.S. v. Michael A. Lesh. CCA 201700247.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 6, 2018
Petitions for Grant of Review -
Summary Dispositions
No. 18-0085/AF. U.S. v. Bryant H. Preston. CCA 38996. 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:
DID
THE COURT OF CRIMINAL APPEALS ERR 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
ruling of the United States Air Force Court of Criminal Appeals on the motion
for reconsideration of its opinion dated August 31, 2017, 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. This remand action is taken without prejudice to
Appellant's right to raise the other matters asserted in his petition during
the normal course of appellate review.
No. 18-0118/AR. U.S.
v. William P. Moynihan. CCA 20130855. 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 ERRONEOUS ADMISSION OF CHARGED MISCONDUCT AS PROPENSITY EVIDENCE TO PROVE
OTHER CHARGED MISCONDUCT UNDER MILITARY RULES OF EVIDENCE 413 AND 414 WAS
HARMLESS BEYOND A REASONABLE DOUBT.
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 that court for consideration in light of United States v. Guardado, 77 M.J. 90 (C.A.A.F. 2017).
Interlocutory Orders
No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellee's motion for an enlargement of time to file an
answer to Appellant's motion to dismiss Charge I granted to March 14, 2018.
No. 18-0150/AF. U.S. v. Jhoan M. Catano. CCA 39092.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to March 26, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
March 5, 2018
Petitions for Grant of Review Filed
No. 18-0149/NA. U.S. v. Dillon C. Nye.
CCA
201600362.
No. 18-0150/AF. U.S. v. Jhoan M. Catano. CCA 39092.
Petitions for Grant of Review Denied
No. 18-0043/AF. U.S. v. Ralph G. Morales.
CCA 39018.
No. 18-0096/AF. U.S. v. Zachary J.
Johnston. CCA 39075.
No. 18-0099/AR. U.S. v. Jeremiah J. Windham. CCA 20160340.
No. 18-0121/AR. U.S. v. Rudy L. Rivera. CCA 20160393.
No. 18-0123/AR. U.S. v. Jonathan Paulino. CCA 20170078.
No. 18-0125/AR. U.S. v. Gregory C. Panagotopulos. CCA 20160330.
No. 18-0126/AR. U.S. v. Shan O. Lawrence. CCA 20170082.
Interlocutory Orders
No. 18-0098/AR. U.S. v. Gabriel C. Garcia. CCA 20130660. 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.
On consideration of Appellee's motion to dismiss the
petition for grant of review, it is ordered that the motion is hereby granted, and
the petition is dismissed without prejudice to Appellant
refiling after the CCA
completes its Article 66(c) review.
No. 18-0145/AF. U.S. v. Richard P. Hamric III. CCA 39096. Appellant's motion to extend time to file the supplement
to the petition for grant of review granted to March 21, 2018.
Mandates Issued
No. 17-0171/CG. U.S. v. Koda M. Harpole. CCA 1420.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
March 1, 2018
Petitions for Grant of Review Filed
No. 18-0145/AF. U.S. v. Richard P. Hamric III. CCA 39096.
No. 18-0146/AR. U.S. v. Jacob E. Mauermann. CCA 20160531.
No. 18-0148/AF. U.S. v. Daniel T. Whiting.
CCA
S32420.
Petitions for Grant of Review Denied
No. 18-0064/AF. U.S. v. Brandon J. Allen.
CCA 39043.
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