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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