UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 31, 2018
Petitions for Grant of Review Denied
No. 18-0185/AR. U.S. v. Robert C. Delmaster. CCA 20150593.
No. 18-0219/AF. U.S. v. Paul N. Small.
CCA
S32426.
Interlocutory Orders
No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellant's
third motion to extend time to file a brief granted to November 30, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 30, 2018
Petitions for Grant of Review Filed
No. 18-0257/AR. U.S. v. Jason A. Schnelle. CCA 20160405.
Petitions for Grant of Review Denied
No. 18-0202/AF. U.S. v. Colton T. Ballance. CCA 39150.
Miscellaneous Docket - Filings
No. 18-0256/AF. James W. Richards IV, Petitioner v. The United States Air Force Court of Criminal Appeals, Respondent.
Notice is hereby given that a petition for extraordinary relief in the nature
of a writ of mandamus was filed under Rule 27(a) on this date.
Interlocutory Orders
No. 18-0193/NA. U.S. v. Taylor U. Jones.
CCA
201700018. Appellant's motion to withdraw the petition for grant of
review is granted.
No.
18-0228/AR. United States, and ST, Appellees v. Colby
Morris, Appellant. CCA 20180088. Appellee's motion to
file a corrected answer to the writ-appeal petition is granted.
No. 18-0255/AF. U.S. v. Micah J. Carroll.
CCA 39160.
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
Tuesday,
May 29, 2018
Petitions for Grant of Review Filed
No. 18-0254/AR. U.S. v. Steven M. Tucker. CCA 20150634.
No. 18-0255/AF. U.S. v. Micah J. Carroll.
CCA 39160.
Petitions for Grant of Review Denied
No. 18-0170/AF. U.S. v. India M. Pacheco.
CCA
S32428.
No. 18-0186/AR. U.S. v. Ryan P. Rummel. CCA 20170041.
No. 18-0210/MC. U.S. v. Mark A. Thompson. CCA 201700243.
No. 18-0214/MC. U.S. v. Justin M. Abbott. CCA 201600375.
Interlocutory Orders
No. 18-0232/CG. U.S. v. Jerry W. Clifft. CCA 1446. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to June 1, 2018.
No. 18-0252/NA. U.S. v. Gary W. Mitchell.
CCA
201600327. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to June 18, 2018.
No. 18-0253/AR. U.S. v. Stephen C. McGinn. CCA 20150726. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 18, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 24, 2018
Petitions for Grant of Review Filed
No. 18-0251/NA. U.S. v. Austin T.
Greening. CCA 201700040.
No. 18-0252/NA. U.S. v. Gary W. Mitchell.
CCA
201600327.
No. 18-0253/AR. U.S. v. Stephen C. McGinn. CCA 20150726.
Interlocutory Orders
No. 18-0206/AR. U.S. v. Benjamin C. Hill. CCA 20130331. Appellant's
motion to file a corrected supplement to the petition for grant of review is
granted.
No. 18-0250/AF. U.S. v. Carl M. Shea.
CCA 39158.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to June 13, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 23, 2018
Petitions for Grant of Review Filed
No. 18-0250/AF. U.S. v. Carl M. Shea.
CCA 39158.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 22, 2018
Petitions for Grant of Review Filed
No. 18-0249/AR. U.S. v. John P. Key. CCA 20170030.
No. 18-0258/NA. U.S. v. Joseph J. Vargo. CCA 201700310.
Petitions for Grant of Review Denied
No. 18-0156/AR. U.S. v. Allan S. Barayuga. CCA 20160035.
No. 18-0160/AR. U.S. v. Thomas A. Davis. CCA 20160366.
No. 18-0181/AR. U.S. v. Roberto Flores. CCA 20160252.
Miscellaneous Docket - Filings
No. 18-0248/CG. Shane E. Reese, Appellant v. United States, Appellee. CCA 0324. Notice is hereby given that a writ-appeal petition
for review of the decision of the United States Coast Guard Court of Criminal
Appeals on application for extraordinary relief was filed under Rule 27(b) on
this date.
Miscellaneous Docket - Summary
Dispositions
No. 18-0223/AF. Rodney B. Boyce, Appellant v. United States, Appellee. CCA 2018-03. On consideration of the writ-appeal
petition, it is ordered that the writ-appeal petition is denied.
Interlocutory Orders
No. 18-0170/AF. U.S. v. India M. Pacheco.
CCA S32428.
Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is
granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
May 21, 2018
Petitions for Grant of Review Filed
No. 18-0247/AR. U.S. v. Hector Nicola. CCA 20150781.
Petitions for Grant of Review Denied
No. 18-0176/AR. U.S. v. Prince J. Brown. CCA 20160195.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
May 18, 2018
Petitions for Grant of Review Filed
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.
Miscellaneous Docket - Filings
No. 18-0243/NA. Joshua G. Anderson, Appellant v. United
States, Appellee. CCA 201200499. 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. 18-0224/CG. U.S. v. William A. Fisher.
CCA 1444.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review granted to June 6, 2018.
No. 18-0242/AF. U.S. v. William D. Maske. CCA 39146. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 7, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 17, 2018
Petitions for Grant of Review -
Summary Dispositions
No. 18-0183/NA. U.S. v. William A. Shields III.
CCA
201600133. 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 noted that the Court of
Criminal Appeals affirmed two findings of guilty, set aside two findings of
guilty and the sentence, and remanded the record with a rehearing authorized. Under
Article 67(c), UCMJ, 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 dismissed without prejudice to Appellant's
right to raise the matters asserted during the normal course of appellate review.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 16, 2018
Petitions for Grant of Review Filed
No. 18-0241/AR. U.S. v. Eddie Ellis, Jr. CCA 20160250.
No. 18-0242/AF. U.S. v. William D. Maske. CCA 39146.
Petitions for Grant of Review Denied
No. 18-0179/AR. U.S. v. Adam M. Villegas. CCA 20160319.
Miscellaneous Docket - Filings
No. 18-0240/AF. Damario A. Coleman,
Appellant v. United States, Appellee. CCA 2018-02.
Notice is hereby given that a writ-appeal petition for review of the decision
of the United States Air Force Court of Criminal Appeals on application for
extraordinary relief was filed under Rule 27(b) on this date.
Interlocutory Orders
No.
18-0228/AR. United States and ST, Appellees v. Colby
Morris, Appellant. CCA 20180088. Appellee's motion to
extend time to file an answer to the writ-appeal petition is granted to
May 22, 2018.
Court Closure
By
order of the Chief Judge, the United States Court of Appeals for the Armed
Forces will be closed all day on Friday, May 25, 2018. For purposes of
computation of time and motions to enlarge time under the Court's Rules of
Practice and Procedure, May 25, 2018, will be considered a day when the Court
is officially closed.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 15, 2018
Interlocutory Orders
No. 18-0135/AF. U.S. v. Darion A.
Hamilton. CCA 39085. Appellant's motion to
extend time to file a brief granted to June 6, 2018.
No. 18-0202/AF. U.S. v. Colton T. Ballance. CCA 39150. On consideration of the motion filed by Lieutenant
Colonel Nicholas W. McCue for leave to withdraw as appellate counsel, it
appears that the Judge Advocate General has assigned another counsel to
represent Appellant and that the new attorney has assumed the representation of
said Appellant. Accordingly, it is ordered that the motion is granted.
No. 18-0212/AF. U.S. v. Brandon M.
Anderson. CCA 39141. Appellant's motion to
submit matters pursuant to United States
v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.
No. 18-0223/AF. Rodney B. Boyce, Appellant v. United States,
Appellee. CCA 2018-03. Appellant's writ of mandamus to
stay trial proceedings which the Court construes as a motion to stay the
rehearing is denied.
No. 18-0237/AF. U.S. v. Matthew J.T.
Pacheco. CCA S32441. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to June 4, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
May 14, 2018
Petitions for Grant of Review Filed
No. 18-0237/AF. U.S. v. Matthew J.T. Pacheco. CCA S32441.
No. 18-0238/AR. U.S. v. Lonnie L. Peterkin. CCA 20160278.
No. 18-0239/AR. U.S. v. Robert J. Smith IV. CCA 20170024.
Petitions for Grant of Review Denied
No. 18-0154/AR. U.S. v. Ronald S. Nagy. CCA 20140352.
No. 18-0194/MC. U.S. v. Justin W. Schmidt. CCA 201600421.
Interlocutory Orders
No. 18-0197/AR. U.S. v. Nicholas L. Frost. CCA 20160171. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to May 18, 2018.
No. 18-0202/AF. U.S. v. Colton T. Ballance. CCA 39150. Appellant's motion to file separate matters pursuant
to United States v. Grostefon,
12 M.J. 431 (C.M.A 1982) is
granted.
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 4, 2018.
Mandates Issued
No. 17-0364/AF. U.S. v. Tyler G. Eppes. CCA 38881.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
May 11, 2018
Petitions for Grant of Review Filed
No. 18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393.
No. 18-0235/AR. U.S. v. James N. Beverly. CCA 20170211.
No. 18-0236/AR. U.S. v. Sebastian B. McGill. CCA 20170351.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 10, 2018
Petitions for Grant of Review Filed
No. 18-0233/AR. U.S. v. Justin D. Barton. CCA 20170219.
Petitions for Grant of Review Denied
No. 18-0150/AF. U.S. v. Jhoan M. Catano. CCA 39092.
No. 18-0163/AR. U.S. v. Andre L. Holley. CCA 20160509.
No. 18-0192/AF. U.S. v. Thomas P. Edwards
IV. CCA S32449.
Interlocutory Orders
No. 18-0232/CG. U.S. v. Jerry W. Clifft. CCA 1446. Appellant's motion to extend time to file the supplement
to the petition for grant of review granted to May 30, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 9, 2018
Petitions for Grant of Review Filed
No. 18-0231/AR. U.S. v. Steven S. Rozier,
Jr. CCA 20170407.
No. 18-0232/CG. U.S. v. Jerry W. Clifft. CCA 1446.
Petitions for Grant of Review Denied
No. 18-0164/AR. U.S. v. Kysean
A. Pettis.
CCA
20160246.
No. 18-0187/AR. U.S. v. Danny J. Jackson. CCA 20160188.
Orders Granting Petition for Review
No. 18-0162/AF. U.S. v. James M. Hale. CCA 39101. 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 granted on the following issues raised
by appellate defense counsel:
I.
THE LOWER COURT FOUND AS A MATTER OF LAW
THAT PERSONAL JURISDICTION DOES NOT EXIST OUTSIDE OF THE HOURS OF INACTIVE-DUTY
TRAINING. THE LOWER COURT PROCEEDED TO FIND PERSONAL JURISDICTION EXISTED OVER
APPELLANT BECAUSE HE WAS "STAYING" WITH HIS IN-LAWS. WAS THIS ERROR?
II. WHETHER THE LOWER
COURT ERRED WHEN IT CONCLUDED THE MILITARY JUDGE CORRECTLY INSTRUCTED THE
MEMBERS THEY COULD CONVICT APPELLANT FOR CONDUCT "ON OR ABOUT" THE
DATES ALLEGED IN EACH SPECIFICATION.
And
the following issue specified by the Court:
III.
WHETHER THE LOWER COURT ERRED IN CONCLUDING THE COURT-MARTIAL HAD JURISDICTION
OVER SPECIFICATION 2 OF ADDITIONAL CHARGE I, AS MODIFIED TO AFFIRM THE LESSER
INCLUDED OFFENSE OF ATTEMPTED LARCENY.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 8, 2018
Petitions for Grant of Review Filed
No. 18-0229/AR. U.S. v. Stefan M. Hastings. CCA 20160730.
No. 18-0230/AR. U.S. v. Jonathon M. Witcher. CCA 20160114.
Interlocutory Orders
No. 18-0185/AR. U.S. v. Robert C. Delmaster. CCA 20150593. Appellant's
motion for leave to file the supplement to the petition for grant of review out
of time is granted.
No. 18-0224/CG. U.S. v. William A. Fisher.
CCA 1444.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to May 29, 2018.
No. 18-0225/AF. U.S. v. Clint A. Williams.
CCA 39142.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to May 29, 2018.
No. 18-0227/NA. U.S. v. Khoi V. Pham. CCA 201600313. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 29, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
May 7, 2018
Petitions for Grant of Review Filed
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. 18-0226/AF. U.S. v. Frank A. Vargas.
CCA 38991.
No. 18-0227/NA. U.S. v. Khoi V. Pham. CCA 201600313.
Petitions for Grant of Review Denied
No. 18-0157/AR. U.S. v. James N. Costigan. CCA 20150052.
No. 18-0165/AR. U.S. v. Keshawn
A. Flournoy. CCA 20160451.
No. 18-0166/AF. U.S. v. Kaylyn N. Brown. CCA 39283.
No. 18-0190/AR. U.S. v. Jonathan D. Cheek. CCA 20170119.
Petitions for Grant of Review -
Summary Dispositions
No. 18-0002/AR. U.S.
v. Elmer F. Hoffmann III. CCA 20140172. On consideration of the petition for grant of review of
the decision of the United States Army Court of Criminal Appeals, and in light
of United States v. Guardado,
77 M.J. 90 (C.A.A.F. 2017),
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, and (2) the error was not harmless beyond a reasonable doubt.
Accordingly, it is ordered that said petition is hereby granted on the
following issues:
I.
WHETHER APPELLANT WAIVED ANY ERROR
RESULTING FROM THE MILITARY JUDGE'S IMPROPER PROPENSITY INSTRUCTION AT A TRIAL
PRIOR TO THIS COURT'S OPINION IN UNITED
STATES v. HILLS, 75 M.J. 350 (C.A.A.F.
2016).
II.
WHETHER THE ARMY COURT INCORRECTLY
PLACED THE BURDEN OF PERSUASION ON APPELLANT FOR THE THIRD PRONG OF THE PLAIN
ERROR TEST IN VIOLATION OF THE CONSTITUTIONAL STANDARD THAT THIS COURT HAD
ARTICULATED IN PLAIN ERROR CASES SINCE UNITED STATES v. POWELL, 49 M.J. 460 (C.A.A.F. 1998).
The
decision of the United States Army Court of Criminal Appeals is reversed. The
findings of guilty and the sentence are set aside. The record of trial is
returned to the Judge Advocate General of the Army. A rehearing is authorized
to the extent that the charges and specifications are not barred by the statute
of limitations. See United States v. Mangahas,
77 M.J. 220 (C.A.A.F. 2018). See also United States v. Grimes,
142 F.3d 1342, 1351 (11th Cir. 1998) (stating that the circuits are in
agreement "that extending a limitations period before the prosecution is barred
does not violate the Ex Post Facto Clause").*
* It is directed that the decision of
the United States Army Court of Criminal Appeals and the court-martial
promulgating order be corrected to reflect that Appellant's last name has two n's. The charge sheet, Appellant's
DD214, and Appellant's ORB list his name as Hoffmann (with two n's).
Miscellaneous Docket - Filings
No.
18-0228/AR. United States, and ST, Appellees v. Colby
Morris, Appellant. CCA 20180088. 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.
Miscellaneous Docket - Summary
Dispositions
No. 18-0177/AR. Rob
W. Roberts, Appellant v. United States, Appellee. CCA 20180005. On consideration of
the writ-appeal petition, it is ordered that said writ-appeal petition is
hereby dismissed for lack of jurisdiction.*
* Although styled as a petition for
extraordinary relief in the nature of a writ of error coram
nobis, this is a request for a new trial in which the
statutory period for filing such claims has expired.
Petitions for Reconsideration Denied
No. 17-0364/AF. U. S. v. Tyler G. Eppes.
CCA 38881.
Appellant's petition for reconsideration of the Court's decision, United States v. Eppes,
77 M.J. __ (C.A.A.F. 2018) is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
May 4, 2018
Petitions for Grant of Review Denied
No. 18-0188/AR. U.S. v. Utkur Rahmatullaev. CCA 20160769.
No. 18-0189/AR. U.S. v. Damon L. Fleming, Jr. CCA 20170165.
Miscellaneous Docket - Filings
No. 18-0223/AF. Rodney B. Boyce, Appellant v. United States,
Appellee. CCA 2018-03. Notice is hereby given that a writ-appeal petition
for review of the decision of the United States Air Force Court of Criminal
Appeals on application for extraordinary relief was filed under Rule 27(b) on
this date.
Miscellaneous Docket - Summary
Dispositions
No. 18-0167/NA. Charles M. Burleson, Appellant v. United
States, Appellee. CCA 200700143. On
consideration of the writ-appeal petition, it is ordered that the writ-appeal
petition is hereby denied.
No. 18-0180/MC. Luiji R. Pierre,
Appellant v. United States, Appellee. CCA 201300257. On
consideration of the writ-appeal petition, it is ordered that the writ-appeal
petition is denied.
Interlocutory Orders
No. 18-0160/AR. U.S. v. Thomas A. Davis. CCA 20160366. Appellant's
motion to file matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982)
is granted.
No. 18-0195/AR. U.S. v. Charles W. Wood. CCA 20160364. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to May 21, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 3, 2018
Petition for Grant of Review Filed
No. 18-0222/AR. U.S. v. Easton E. Smith. CCA 20170134.
Petitions for Grant of Review Denied
No. 18-0158/AF. U.S. v. Robert J. Kelgard. CCA 39118.
No. 18-0169/AR. U.S. v. Jared E. Brindle. CCA 20170255.
No. 18-0174/AR. U.S. v. Shane G. Gillins. CCA 20160705.
No. 18-0182/AR. U.S. v. Carl E. Ballinger. CCA 20160751.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 2, 2018
Petition for Grant of Review Filed
No. 18-0221/AR. U.S. v. Patrick D. Donovan. CCA 20160758.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 1, 2018
Petitions for Grant of Review Filed
No. 18-0220/AF. U.S. v. Jamie L. Devault.
CCA 39147.
Petitions for Grant of Review Denied
No. 18-0173/AR. U.S. v. John C. Wheeler III. CCA 20170054.
No. 18-0184/AR. U.S. v. Albert J. Wills. CCA 20170133.
Interlocutory Orders
No. 18-0193/NA. U.S. v. Taylor U. Jones.
CCA
201700018. Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted to May 10, 2018.
No. 18-0216/AR. U.S. v. Michael D. Trogdon. CCA 20160344. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to May 17, 2018.
No. 18-0217/MC. U.S. v. Caleb J. Frasure. CCA 201700030. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to May 21, 2018.
Hearings
No. 18-0133/AR. U.S. v. James B. Hendrix. CCA 20170439.
No. 17-0604/AR. U.S. v. Christopher E. Christensen. CCA 20140372.
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