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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