UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 28, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0378/NA. U.S. v. Sherman O. Rollins. CCA 201700039.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 27, 2018

 

Petitions for Grant of Review Denied

 

No. 18-0346/AR. U.S. v. Robert W. Baucom. CCA 20160772.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, September 25, 2018

 

Petitions for Grant of Review Denied

 

No. 18-0277/AF. U.S. v. Jared M. Bard. CCA 38766.

No. 18-0281/AR. U.S. v. Henry M. Niehaus. CCA 20170115.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 18-0314/AR. U.S. v. James E. Hopkins. CCA 20140913. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is noted that the Court of Criminal Appeals affirmed four findings of guilty, set aside four 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 said petition is dismissed without prejudice to Appellant's right to raise the matters asserted during the normal course of appellate review.

 

Orders Granting Petition for Review

 

No. 18-0308/AR. U.S. v. Cedric L. McDonald. CCA 20160339. 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 MILITARY JUDGE ERRED IN INSTRUCTING THE PANEL THAT A NEGLIGENT MENS REA WAS SUFFICIENT TO MAKE OTHERWISE LAWFUL CONDUCT CRIMINAL.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, September 24, 2018

 

Miscellaneous Docket - Summary Dispositions

 

No. 18-0340/MC. Edwin A. Ehlers II v. U.S. On consideration of the petition for extraordinary relief in the nature of a writ of coram nobus under the All Writs Act, 28 U.S.C. 1651, which this Court construes as a writ-appeal petition, it is ordered that the writ-appeal petition is denied.

 

Interlocutory Orders

 

No. 18-0281/AR. U.S. v. Henry M. Niehaus. CCA 20170115. On consideration of Appellant's motion to supplement the record, it is ordered that the motion is hereby granted as it pertains to Defense Appellate Exhibits D, E, and F, and denied as to the remaining exhibits.

 

No. 18-0310/MC. U.S. v. Edwin A. Ehlers. CCA 2000800190. Appellant's second motion to extend time to file a petition for grant of review is denied as moot.

 

No. 18-0311/AF. U.S. v. Leon A. Brown IV. CCA 38864. Appellant's motion for leave to file 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

Friday, September 21, 2018

 

Petitions for Grant of Review Denied

 

No. 18-0318/AF. U.S. v. Zachariah S. Noga. CCA 39199.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 20, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0377/MC. U.S. v. Stephen R. Moore. CCA 201800092.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, September 19, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0376/AR. U.S. v. Christopher D. Wood. CCA 20160465.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, September 18, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0373/AR. U.S. v. Leslie L. Davidson. CCA 20170123.

No. 18-0374/AR. U.S. v. Joseph A. Roman. CCA 20170240.

No. 18-0375/AR. U.S. v. Pedro I. Cardenas. CCA 20170597.

 

Petitions for Grant of Review Denied

 

No. 18-0337/NA. U.S. v. Tyson M. Brown. CCA 201700069.

 

Interlocutory Orders

 

No. 18-0349/AF. U.S. v. Thomas G. Arnold. CCA 39194. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to October 1, 2018.

 

No. 18-0353/AR. U.S. v. Calvin R. Gibbs. CCA 20110998. On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted, up to and including October 17, 2018, and that, absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 18-0372/AF. U.S. v. Paul D. Voorhees. CCA 38836. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 9, 2018.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, September 17, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0372/AF. U.S. v. Paul D. Voorhees. CCA 38836.

 

Petitions for Grant of Review Denied

 

No. 18-0312/AF. U.S. v. Gabriel C. Villanueva. CCA 39300.

No. 18-0333/AR. U.S. v. Neiric A. Guerrero. CCA 20170169.

No. 18-0334/AR. U.S. v. Dillon A. Seymour. CCA 20170296.

No. 18-0335/AR. U.S. v. Joshua D. Smith. CCA 20160307.

 

In the Matter of the Rules Advisory Committee

 

Pursuant to Rule 45 of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, the following persons are, this 17th day of September, 2018, hereby appointed as members of the Rules Advisory Committee, effective October 1, 2018:

 

Mr. Dwight H. Sullivan, Esq., Mr. Thomas E. Booth, Esq. and Mr. Malcolm Squires, Esq. are hereby reappointed as members for a term expiring on September 30, 2021. Ms. Carol K. Joyce, Esq., is hereby appointed to complete the term expiring on September 30, 2019, currently held by James E. McPherson, Esq.

 

The following members, whose terms expire on the dates indicated below, remain on the Rules Advisory Committee:

 

To expire on September 30, 2019:

Professor Steven H. Goldblatt, Chair

Michelle Lindo McCluer, Esq.

 

To expire on September 30, 2020:

William A. DeCicco, Esq.

Rebecca S. Snyder, Esq.

Matthew G. Kaiser, Esq.

Mr. Joseph R. Perlak, Clerk of the Court, is an ex officio member of the Committee, and serves as its Reporter.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 14, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0371/AR. U.S. v. Juventino Tovarchavez. CCA 20150250.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 13, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0367/AR. U.S. v. Christopher M. Stanley. CCA 20170551.

No. 18-0368/AR. U.S. v. Vitor M. Dacosta. CCA 20170636.

No. 18-0369/AR. U.S. v. Terry J. Leyba. CCA 20160159.

No. 18-0370/NA. U.S. v. Joseph P. Saugen. CCA 201700046.

 

Hearings

 

No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, September 12, 2018

 

Interlocutory Orders

 

No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150. Appellant's second motion to extend time to file a brief granted to September 24, 2018.

 

No. 18-0304/NA. U.S. v. Lamar A. Forbes. CCA 201600357. Appellant's motion to extend time to file a brief granted to September 26, 2018.

 

No. 18-0347/AR. U.S. v. Michael J. Gonzales. CCA 20130849. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to October 1, 2018.

 

No. 18-0359/AR. U.S. v. Michael L. Haynes, Jr. CCA 20160817. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted.

 

No. 18-0361/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 2, 2018.

 

No. 18-0364/AR. U.S. v. Michael E. Harris. CCA 20170100. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 1, 2018.

 

Hearings

 

No. 18-0209/AR. U.S. v. Jeffrey G. Eugene. CCA 20160438.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, September 11, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0366/AR. U.S. v. David E. Black. CCA 20170140.

 

Petitions for Grant of Review Denied

 

No. 18-0295/NA. U.S. v. Ericson J. Geronimohernandez. CCA 201600383.

No. 18-0322/AR. U.S. v. Jefferson B. Taylor. CCA 20170637.

No. 18-0326/AR. U.S. v. Jonathan E. Nava, Jr. CCA 20160123.

No. 18-0327/AR. U.S. v. Tyler A. Mattice. CCA 20170287.

No. 18-0329/AF. U.S. v. Steven Jimenez. CCA 39200.

No. 18-0331/AR. U.S. v. Brandon R. Holcomb. CCA 20170583.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, September 10, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0360/AR. U.S. v. Preston J. Gachelin. CCA 20170327.

No. 18-0361/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077.

No. 18-0362/AR. U.S. v. Nicholas L. Frost. CCA 20160171.

No. 18-0363/AR. U.S. v. Brett A. Tatom. CCA 20170532.

No. 18-0364/AR. U.S. v. Michael E. Harris. CCA 20170100.

 

Certificates for Review Filed

 

No. 18-0365/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077. 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:

 

I. WHETHER THIS COURT'S HOLDING IN UNITED STATES v. CARTER AS APPLIED BY THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS IN THIS CASE, INSTEAD OF THE PLAIN READING OF MRE 311(c) THIS COURT APPLIED IN UNITED STATES v. HOFFMANN, CONTROLS IN ANALYZING THE APPLICABILITY OF THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE.

 

II. WHETHER THE MILITARY JUDGE ERRED IN DENYING A DEFENSE MOTION TO SUPPRESS EVIDENCE OBTAINED FROM A SEARCH OF APPELLANT'S HOME.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 7, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0359/AR. U.S. v. Michael L. Haynes, Jr. CCA 20160817.

 

Interlocutory Orders

 

No. 18-0350/CG. U.S. v. Michael R. Rodriguez. CCA 1450. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to October 3, 2018.

 

No. 18-0358/AF. U.S. v. Joshua I. Benfield. CCA 39267. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 27, 2018




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 6, 2018

 

Petition for Grant of Review Filed

 

No. 18-0358/AF. U.S. v. Joshua I. Benfield. CCA 39267.

 

Petitions for Grant of Review Denied

 

No. 18-0315/AR. U.S. v. Isaac R. Rangel. CCA 20170482.

No. 18-0324/AR. U.S. v. Robert B. Seifert. CCA 20170193.

 

Interlocutory Order

 

No. 18-0295/NA. U.S. v. Ericson J. Geronimohernandez. CCA 201600383. 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

Wednesday, September 5, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0357/AR. U.S. v. Jose A. Cruz. CCA 20170484.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, September 4, 2018

 

Petitions for Grant of Review Filed

 

No. 18-0354/AR. U.S. v. Ramon Ewing. CCA 20170376.

No. 18-0355/AR. U.S. v. Dakota M. Anaya. CCA 20170203.

No. 18-0356/AR. U.S. v. Bryan I. Castillo. CCA 20170121.

 

Petitions for Grant of Review Denied

 

No. 18-0287/NA. U.S. v. Jacri Wright. CCA 201700354.



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