UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 30, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0307/AR. U.S. v. Nicholas S. Marcum. CCA 20150500.

No. 19-0369/AR. U.S. v. Kyle J. Baker. CCA 20170438.

No. 19-0396/AR. U.S. v. Karlos D. Moten. CCA 20180452.

No. 19-0399/AR. U.S. v. Clancey D. Lamb. CCA 20190138.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 29, 2019

 

Petition for Grant of Review Filed

 

No. 19-0442/AR. U.S. v. Christopher V. Monroe. CCA 20180365.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 28, 2019

 

Petition for Grant of Review Filed

 

No. 19-0441/AF. U.S. v. Jason A. Yeargin. CCA 39506.

 

Petitions for Grant of Review Denied

 

No. 19-0245/AR. U.S. v. Erik J. Burris. CCA 20150047.

No. 19-0272/AR. U.S. v. Christopher G. Pacheco. CCA 20170177.

No. 19-0290/AR. U.S. v. Michael D. Miller. CCA 20180023.

No. 19-0314/AR. U.S. v. Paul Jackson III. CCA 20180099.

No. 19-0315/AR. U.S. v. Justin P. Lewis. CCA 20180143.

No. 19-0332/AR. U.S. v. Ryan E. Mannan. CCA 20170096.

No. 19-0347/AR. U.S. v. Joseph X. Perez. CCA 20160763.

No. 19-0354/AF. U.S. v. Homaira Khalji. CCA 39304.

No. 19-0389/AR. U.S. v. Jamel S. Gargar. CCA 20180378.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0296/AR. U.S. v. Rondell A. Hilliard. CCA 20170377. 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 in summarizing the approved findings, the Court of Criminal Appeals made no mention of the guilty finding as to Specification 1 of Charge II (general disorder by incest). In fact, the Court of Criminal Appeals erroneously commented in a footnote that the incestuous nature of the relationship between Appellant and his biological daughter "was uncharged." Because this offense went unmentioned in the summary of the approved findings, it is unclear whether it was affirmed under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866(c) (2012).

 

Under Article 67(c), UCMJ, 10 U.S.C. 867(c) (2012), this Court can only act with respect to the findings and sentence as affirmed by a court of criminal appeals. If the affirmed findings are ambiguous, the appropriate remedy is a remand for clarification. United States v. Kosek, 41 M.J. 60, 65 (C.M.A 1994) ("The appropriate remedy for incomplete or ambiguous rulings is a remand for clarification."). Accordingly, because of the ambiguity as to the affirmed findings, it is ordered that said petition is granted, and the decision of the United States Army Court of Criminal Appeals is set aside, and the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for clarification as to the affirmed findings. Thereafter Article 67, UCMJ, shall apply. This is without prejudice to Appellant's right to resubmit any assignments of error in a subsequent petition for grant of review to this Court.

 

Interlocutory Order

 

No. 19-0417/AF. U.S. v. Petr K. Bessmertnyy. CCA 39322. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to September 18, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 27, 2019

 

Petition for Grant of Review Denied

 

No. 19-0022/AR. U.S. v. Victor D. Wilson. CCA 20160342.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 19-0242/NA. U. S. v. James D. Inchaurregui. CCA 201700194. 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 granted on the following issue:

 

DID THE LOWER COURT APPROVE AN UNLAWFUL SENTENCE TO FORFEITURES OF $2,125 PAY PER MONTH FOR SIX MONTHS, WHICH EXCEEDED THE MAXIMUM FORFEITURES ALLOWED FOR APPELLANT'S REDUCED PAY GRADE OF $1,599 PAY PER MONTH?

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed as to findings and to only so much of the sentence as provides for forfeiture of $1,599 pay per month for six months, reduction to pay grade E-1, confinement for 10 years, and a dishonorable discharge.

 

No. 19-0302/AR. U.S. v. David E. Straw. CCA 20180308. 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 granted; and that the decision of the United States Army Court of Criminal Appeals is affirmed.*
 
* It is directed that the promulgating order be corrected by adding a footnote to the 'Guilty' finding to Charge III and to the 'Guilty' finding to the Specification of Charge III to reflect that those findings were conditionally dismissed by the military judge after findings as multiplicious with Specifications 1 and 2 of Charge I, with the dismissal conditioned on the findings of Specifications 1 and 2 of Charge I surviving appellate review.

 

No. 19-0325/AR. U.S. v. William T. Barksdale III. CCA 20170090. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is unclear whether the portion of the sentence that included forfeiture of all pay and allowances was affirmed by the Court of Criminal Appeals. Appellant was sentenced to a dishonorable discharge, confinement for two years, forfeiture of all pay and allowances, and reduction to the grade of E-1.  The convening authority approved the sentence, and except for that part of the sentence extending to the dishonorable discharge, ordered it executed.  In its memorandum opinion, the Court of Criminal Appeals correctly delineated the adjudged sentence but erroneously noted that the convening authority "approved only so much of the sentence as included a dishonorable discharge, confinement for two years, and reduction to the grade of E-1." Then, in its concluding paragraph, the Court of Criminal Appeals stated "the findings of guilty and sentence are affirmed."

 

Under Article 67(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 867(c) (2012), this Court can only act with respect to the findings and sentence as affirmed by a court of criminal appeals. If the affirmed sentence is ambiguous, the appropriate remedy is a remand for clarification.  United States v. Kosek, 41 M.J. 60, 65 (C.M.A 1994) ("The appropriate remedy for incomplete or ambiguous rulings is a remand for clarification."). Accordingly, because of the ambiguity as to the affirmed sentence with respect to forfeitures, it is ordered that said petition is granted on the following specified issue:

 

WHETHER THE DECISION OF THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS IS AMBIGUOUS AS TO WHETHER THE AFFIRMED SENTENCE INCLUDED FORFEITURE OF ALL PAY AND ALLOWANCES.

 

The decision of the United States Army Court of Criminal Appeals is affirmed as to findings but set aside as to sentence. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for clarification as to the affirmed sentence. Thereafter Article 67, UCMJ, shall apply.

 

Interlocutory Orders

 

No. 19-0192/AR. U.S. v. Lamont S. Jessie. CCA 20160187. On consideration of Appellee's motion to extend time to file a brief, it is ordered that the motion is granted to September 25, 2019.

 

No. 19-0412/AF. U.S. v. Krishil S. Prasad. CCA 39003. 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 to September 11, 2019.

 

Petition for Reconsideration Denied

 

No. 19-0299/AR. U.S. v. Duane M. Amalong. CCA 20170505.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 26, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0439/AR. U.S. v. Clive D. Mayfield. CCA 20180492.

No. 19-0440/AR. U.S. v. Aaron J. Whitman. CCA 20170550.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 23, 2019

 

Miscellaneous Docket Filing

 

No. 19-0438/AF. U.S. v. Richard D. Collins. CCA 39296.

 

Certificate for Review Filed

 

No. 19-0437/MC. U.S. v. Roberto Armendariz. CCA 201700338. Notice is 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 the following issues:

 

I. WHETHER THE LOWER COURT ERRED IN OVERTURNING THE MILITARY JUDGE'S ADMISSION OF EVIDENCE WHERE THE MILITARY JUDGE FOUND THAT THE OFFICIAL WHO AUTHORIZED THE SEARCH WAS THE ACTING COMMANDER WITH FULL AUTHORITY AND CONTROL OVER THE REMAIN BEHIND ELEMENT, EXCEPT FOR AUTHORITY TO IMPOSE NONJUDICIAL PUNISHMENT AND CONVENE COURTS-MARTIAL?

 

II. WHETHER THE LOWER COURT ERRONEOUSLY APPLIED THE EXCLUSIONARY RULE UNDER MIL. R. EVID. 311(a)(3) BY FAILING TO APPROPRIATELY BALANCE THE BENEFITS OF DETERRENCE AGAINST THE COSTS TO THE JUSTICE SYSTEM, AND THEREBY ERRED IN OVERTURNING THE MILITARY JUDGE'S DECISION NOT TO APPLY THE EXCLUSIONARY RULE?

 

III. WHETHER THE LOWER COURT ERRED IN FINDING THE GOOD-FAITH EXCEPTION DID NOT APPLY WHERE THIS COURT HAS, IN UNITED STATES V. CHAPPLE, 36 M.J. 410 (C.M.A. 1993), HELD THE EXCEPTION APPLIES EVEN WHEN THE INDIVIDUAL ISSUING THAT SEARCH AUTHORIZATION LACKED AUTHORITY UNDER MIL. R. EVID. 315(d)(1), AND HERE LAW ENFORCEMENT REASONABLY BELIEVED THE ACTING COMMANDER WAS AUTHORIZED TO ISSUE SEARCH AUTHORIZATIONS?

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 23rd day of September, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 21, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0435/AF. U.S. v. Denis J. Paquette. CCA 39435.

No. 19-0436/AR. U.S. v. Victor R. Lozada-Romero. CCA 20180589.

 

Petitions for Grant of Review Denied

 

No. 19-0284/AR. U.S. v. Rohan H. Green. CCA 20170271.

No. 19-0355/AR. U.S. v. Michael A. Parks. CCA 20190014.

No. 19-0367/AF. U.S. v. Christian R. Bello. CCA S32489.

 

Interlocutory Order

 

No. 19-0434/AR. U.S. v. Chandler A. Majstorovic. CCA 20180045. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 9, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 20, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0433/AR. U.S. v. Joshua L. Isaias. CCA 20180669.

No. 19-0434/AR. U.S. v. Chandler A. Majstorovic. CCA 20180045.

 

Petition for Grant of Review Denied

 

No. 19-0323/AR. U.S. v. Gregory D. Freeman. CCA 20170103.

 

Order Granting Petition for Review

 

No. 19-0259/AR. U.S. v. Robert S. Avery. CCA 20140202. 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 granted on the following issue:

 

WHETHER THE SPECIFICATION OF CHARGE II, ALLEGING THE COMMUNICATION OF INDECENT LANGUAGE TO A CHILD IN VIOLATION OF ARTICLE 134, UCMJ, WAS PREEMPTED BY ARTICLE 120b.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 19-0432/MC. U.S. v. Joseph A. Felix, Jr. CCA 201800071. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 9, 2019.

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. The pleadings have been received in this case and oral argument will be scheduled at the outset of the October 2019 Term of Court. Appellant and Appellee are directed to seek agreement on the issues to be heard at oral argument and to so advise the Court on or before August 30, 2019. If agreement cannot be reached, the parties will so advise the Court by the same date, identifying the issues agreed upon and in dispute, and the Court will resolve any differences. Ordinarily, C.A.A.F. R. 40(b)(3) allots 20 minutes per side to present oral argument. Given the nature of this case on mandatory review, the Rule is hereby suspended and each side is allotted 30 minutes. Any motion for time beyond 30 minutes must be filed on or before August 30, 2019.

 

Petition for Reconsideration Denied

 

No. 18-0362/AR. U.S. v. Nicholas L. Frost. CCA 20160171. Appellee's petition for reconsideration of the Court's decision, United States v. Frost, 79 M.J. __ (C.A.A.F. 2019), it is ordered that the petition for reconsideration is hereby denied, and the mandate be issued forthwith.

 

Mandate Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 19, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0431/AR. U.S. v. Michael C. Gleason. CCA 20150379.

No. 19-0432/MC. U.S. v. Joseph A. Felix, Jr. CCA 201800071.

 

Interlocutory Orders

 

No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. On consideration of Appellant's third motion, out of time, to enlarge time to file the supplement to the petition for grant of review, and in view of the representations of the Defense Appellate Division regarding civilian defense counsel, it is ordered that the motion, out of time, to enlarge time to file the supplement to September 16, 2019, is granted, and that absent further extraordinary circumstances, no further enlargement of time will be granted in this case.

 

No. 19-0429/AF. U.S. v. Jenon N. McPhatter. CCA 39324. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 9, 2019.

 

No. 19-0430/AF. U.S. v. William T. Baltazar. CCA 39373. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 9, 2019.

 

Mandates Issued

 

No. 19-0066/AR. U.S. v. Jeremy N. Navarette. CCA 20160786.* (The petition for a new trial forwarded to this Court was denied without prejudice in a footnote (footnote 8, page 8) of the opinion).

 

No. 19-0119/AF. U.S. v. Ralph J. Hyppolite II. CCA 39358.

No. 19-0197/AF. U.S. v. Ralph J. Hyppolite II. CCA 39358.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 16, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0425/AF. U.S. v. Michael J. Rich. CCA 39224.

No. 19-0427/AR. U.S. v. Phillip J. Neri. CCA 20180485.

No. 19-0428/AR. U.S. v. Francisco A. Torrealba. CCA 20160156.

No. 19-0429/AF. U.S. v. Jenon N. McPhatter. CCA 39324.

No. 19-0430/AF. U.S. v. William T. Baltazar. CCA 39373.

 

Petitions for Grant of Review Denied

 

No. 19-0349/MC. U.S. v. Keaton J. McCasland. CCA 201700314.

No. 19-0350/AR. U.S. v. Herbert Jason L. Parr. CCA 20180153.

No. 19-0375/AF. U.S. v. Sarah M. Leverenz. CCA S32539.

No. 19-0381/AR. U.S. v. Monterrio D. Harvey. CCA 20180590.

 

Miscellaneous Docket - Filing

 

No. 19-0426/AR. U.S. v. Anderson Wallace, Jr. CCA 20190522. 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 in the nature of error coram nobis was received under Rule 27(b) on August 15, 2019, and placed on the docket this date.

 

Interlocutory Orders

 

No. 19-0393/AR. U.S. v. Nathaniel Nunnery. CCA 20180199. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to August 23, 2019.

 

No. 19-0425/AF. U.S. v. Michael J. Rich. CCA 39224. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 5, 2019.

 

Mandate Issued

 

No. 19-0050/AR. U.S. v. Luke D. English. CCA 20160510.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 15, 2019

 

Petition for Grant of Review Filed

 

No. 19-0424/AF. U.S. v. Andrew E. Palmer. CCA 39445.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0348/NA. U.S. v. Johnny L. Tharpe. CCA 881475. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Military Review, it is ordered that the petition is dismissed for lack of jurisdiction.

 

Mandate Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 14, 2019

 

Petition for Grant of Review Filed

 

No. 19-0423/AR. U.S. v. Douglas C. Carroll, Jr. CCA 20180624.

 

Petitions for Grant of Review Denied

 

No. 19-0243/AR. U.S. v. Steven J. Furgerson. CCA 20170239.

No. 19-0247/AR. U.S. v. Ryan F. Barrett. CCA 20170354.

No. 19-0249/AR. U.S. v. Andrew W. Bowhall. CCA 20170357.

No. 19-0317/AR. U.S. v. Francis L. Brunetta. CCA 20160697.

No. 19-0356/AR. U.S. v. Michael J. Mansfield. CCA 20180422.

No. 19-0373/AR. U.S. v. Andrew S. Deaton. CCA 20180380.

No. 19-0374/NA. U.S. v. Gherson Fernandez. CCA 201900047.

 

Interlocutory Orders

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellant's motion for leave to file a reply brief in excess of the page limitation is granted.

 

No. 19-0158/AR. U.S. v. Malcolm R. Turner. CCA 20160131. Appellant's motion to extend time to file a brief is granted to August 22, 2019.

 

No. 19-0259/AR. U.S. v. Robert S. Avery. CCA 20140202. Appellant's motion to submit supplemental matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 19-0415/MC. U.S. v. Stephen P. Howell. CCA 201200264. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 3, 2019.

 

No. 19-0416/NA. U.S. v. Erik M. Vasquez. CCA 201700363. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 3, 2019.

 

No. 19-0417/AF. U.S. v. Petr K. Bessmertnyy. CCA 39322. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 3, 2019.

 

No. 19-0420/AR. U.S. v. David L. Jordan. CCA 20180003. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 3, 2019.

 

No. 19-0421/NA. U.S. v. William A. Shields III. CCA 201600133. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 3, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 13, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0421/NA. U.S. v. William A. Shields III. CCA 201600133.

No. 19-0422/AF. U.S. v. Humphrey Daniels III. CCA 39407.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 12, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0415/MC. U.S. v. Stephen P. Howell. CCA 201200264.

No. 19-0416/NA. U.S. v. Erik M. Vasquez. CCA 201700363.

No. 19-0417/AF. U.S. v. Petr K. Bessmertnyy. CCA 39322.

No. 19-0418/AR. U.S. v. Eric S. Powell. CCA 20190236.

No. 19-0419/AR. U.S. v. Jose L. Encarnacion. CCA 20180295.

No. 19-0420/AR. U.S. v. David L. Jordan. CCA 20180003.

 

Petitions for Grant of Review Denied

 

No. 19-0371/AR. U.S. v. Michael J. Finkbone. CCA 20190008.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 9, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0412/AF. U.S. v. Krishil S. Prasad. CCA 39003.

No. 19-0413/AF. U.S. v. Keagen A. Ludowese. CCA S32514.

No. 19-0414/MC. U.S. v. Gregory E. Blanton, Jr. CCA 201400419.

 

Petition for Grant of Review Denied

 

No. 19-0370/AR. U.S. v. Noel G. Aguiar-Perez. CCA 20140715.

 

Order Granting Petition for Review

 

No. 19-0298/AR. U.S. v. David M. Finch. CCA 20170501. 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 granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED IN ADMITTING OVER DEFENSE OBJECTION THE VIDEO-RECORDED INTERVIEW OF AH BY CID BECAUSE IT WAS NOT A PRIOR CONSISTENT STATEMENT UNDER MIL.R.EVID. 801(d)(1)(B).

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 29, 2019.

 

No. 19-0412/AF. U.S. v. Krishil S. Prasad. CCA 39003. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 29, 2019.

 

No. 19-0414/MC. U.S. v. Gregory E. Blanton, Jr. CCA 201400419. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 29, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 8, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0410/AF. U.S. v. David M. Lamica. CCA 39423.

No. 19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023.

 

Petition for Grant of Review Denied

 

No. 19-0309/AF. U.S. v. David W. Bruno. CCA 39421.

 

Interlocutory Order

 

No. 19-0407/AF. U.S. v. Brandon M. Zegarrundo. CCA S32430. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 28, 2019.

 

Petition for Reconsideration Denied

 

No. 18-0372/AF. U.S. v. Paul D. Voorhees. CCA 38836. Appellant's petition for reconsideration of the Court's decision, United States v. Voorhees, 79 M.J. 5 (C.A.A.F. 2019) is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 7, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0407/AF. U.S. v. Brandon M. Zegarrundo. CCA S32430.

No. 19-0408/AR. U.S. v. Derric B. McEachern. CCA 20180472.

No. 19-0409/AR. U.S. v. Malcolm D. Stevens. CCA 20180682.

 

Miscellaneous Docket - Filing

 

No. 19-0372/NA. Shanon L. Best, Appellant v. Caroline Horton, Colonel, United States Army, in her official capacity as Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, and United States, Appellees. CCA 201600134. 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. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted to August 15, 2019, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 19-0380/AR. U.S. v. Victor J. Fernandez. CCA 20160688. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to August 20, 2019.

 

Petition for Reconsideration Denied

 

No. 19-0218/NA. U.S. v. Jacob A. Patrick. CCA 201700178. Appellant's petition for reconsideration of the Court's order issued July 3, 2019 is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 6, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0344/AR. U.S. v. Rafael J. Lugo, Jr. CCA 20180115.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 5, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 2, 2019

 

Petition for Grant of Review Filed

 

No. 19-0405/AR. U.S. v. John D. Biggs. CCA 20180404.

 

Petitions for Grant of Review Denied

 

No. 19-0260/AR. U.S. v. Latrevius L. White. CCA 20180278.

No. 19-0279/AR. U.S. v. Nicholas A. Yancey. CCA 20120393.

 

Miscellaneous Docket - Summary Disposition

 

No. 19-0404/NA. Decker B. Jordan, Petitioner v. United States, Respondent. CCA 201100621. Notice is hereby given that a petition for 39(A) Evidentiary Hearing pursuant to United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (C.M.A. 1967) and R.C.M. 1102(b)(2) & (d), which this Court construed as a petition for extraordinary relief was filed under Rule 27(a) on July 30, 2019, and placed on the docket on the 1st day of August, 2019. On consideration thereof, it is ordered that the petition is dismissed for lack of jurisdiction on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 1, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0269/AF. U.S. v. Daniel J. Postell. CCA 39340.

No. 19-0326/AF. U.S. v. Benjamin L. Hann. CCA 39374.



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