UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 30, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0087/MC. U.S. v. Alex Sanchez. CCA 201900150.

No. 20-0088/AR. U.S. v. Shane R. Noblit. CCA 20190171.

No. 20-0089/AR. U.S. v. Marcus F. Jones. CCA 20180189.

 

Interlocutory Order

 

No. 20-0086/AF. U.S. v. John W. Braddock. CCA 39465. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to January 21, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 27, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0082/AF. U.S. v. Wesley M. James III. CCA 39458.

No. 20-0083/NA. U.S. v. Michael A. Marquez. CCA 201800198.

No. 20-0084/AR. U.S. v. Hunter H. Satterfield. CCA 20180125.

No. 20-0085/AR. U.S. v. Sean A. Gray. CCA 20180353.

No. 20-0086/AF. U.S. v. John W. Braddock. CCA 39465.

 

Interlocutory Orders

 

No. 20-0082/AF. U.S. v. Wesley M. James III. CCA 39458. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 16, 2020.

 

No. 20-0083/NA. U.S. v. Michael A. Marquez. CCA 201800198. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 16, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 26, 2019

 

Petition for Grant of Review Filed

 

No. 20-0081/AR. U.S. v. Terrence D. Neal. CCA 20180565.

 

Interlocutory Orders

 

No. 20-0066/AR. U.S. v. Joseph L. Simmons. CCA 20180061. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to January 21, 2020.

 

No. 20-0076/AF. U.S. v. Matthew C. Smith. CCA 39463. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 15, 2020.

 

No. 20-0077/MC. U.S. v. Tara E. Hudson. CCA 201800138. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 15, 2020.

 

No. 20-0078/AF. U.S. v. Cameron A. Owens. CCA 39457. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 15, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 23, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0076/AF. U.S. v. Matthew C. Smith. CCA 39463.

No. 20-0077/MC. U.S. v. Tara E. Hudson. CCA 201800138.

No. 20-0078/AF. U.S. v. Cameron A. Owens. CCA 39457.

No. 20-0079/AR. U.S. v. Johnathan J. Lehr. CCA 20190457.

No. 20-0080/AR. U.S. v. Randy T. Alexander. CCA 20190336.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 20, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0074/AR. U.S. v. Kyle C. Pressey. CCA 20180394.

No. 20-0075/AR. U.S. v. Damian M. Taylor. CCA 20180304.

 

Petitions for Grant of Review Denied

 

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

No. 20-0043/AR. U.S. v. Isaiah J. Atkinson. CCA 20180372.

 

Interlocutory Orders

 

No. 19-0382/AR. U.S. v. Gerald R. Carter, Jr. CCA 20160770. Appellant's motion to extend time to file a reply brief is granted to January 6, 2020.

 

No. 20-0072/AR. U.S. v. Casey J. Haugen. CCA 20180375. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 9, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 19, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0072/AR. U.S. v. Casey J. Haugen. CCA 20180375.

No. 20-0073/AR. U.S. v. Justin A. Lynch. CCA 20180487.

 

Interlocutory Order

 

No. 19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. On consideration of Appellant's second motion to extend time to file a brief and joint appendix, it is ordered that the motion is granted to December 27, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 18, 2019

 

Interlocutory Order

 

No. 20-0068/MC. U.S. v. Joshua P. Hill. CCA 201800161. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 8, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 17, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0068/MC. U.S. v. Joshua P. Hill. CCA 201800161.

No. 20-0069/AR. U.S. v. Michel J. Newman. CCA 20190413.

No. 20-0070/AR. U.S. v. Austin L. Harris. CCA 20190060.

 

Petition for Grant of Review Denied

 

No. 20-0044/AF. U.S. v. Hunter W. Hackworth. CCA 39473.

 

Certificate for Review Filed

 

No. 20-0071/AF. United States, Appellant v. Jason M. Blackburn, Appellee. CCA 39397. Notice is given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

 

WHETHER UNDER MILITARY RULE OF EVIDENCE 311(D)(2)(A), APPELLEE WAIVED A BASIS FOR SUPPRESSION THAT HE DID NOT RAISE AT TRIAL?

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN FINDING THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DENIED THE MOTION TO SUPPRESS DIGITAL EVIDENCE PURSUANT TO THE GOOD FAITH EXCEPTION?

 

WHETHER THE MILITARY JUDGE PROPERLY DENIED THE MOTION TO SUPPRESS DIGITAL EVIDENCE PURSUANT TO MILITARY RULE OF EVIDENCE 311(A)(3), A DETERMINATION NOT REVIEWED BY THE AIR FORCE COURT OF CRIMINAL APPEALS?

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 16th day of January, 2020.

 

Interlocutory Orders

 

No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. Appellant's second motion to extend time to file a brief is granted to January 15, 2020, and absent extraordinary circumstances, no further enlargement of time will be granted in this case.

 

No. 19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246. Appellant's motion to extend time to file a reply brief is granted to January 10, 2020.

 

No. 20-0058/AF. U.S. v. Damion M. Yates. CCA 39444. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to January 7, 2020.

 

No. 20-0066/AR. U.S. v. Joseph L. Simmons. CCA 20180061. Appellant's motion to extend time to file the supplement to the petition for grant of review motion is granted to January 7, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 16, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0066/AR. U.S. v. Joseph L. Simmons. CCA 20180061.

No. 20-0067/AR. U.S. v. Ryan A. Salinas. CCA 20190058.

 

Petitions for Grant of Review Denied

 

No. 20-0040/AR. U.S. v. Jeremy G. Dulis. CCA 20180701.

No. 20-0041/AR. U.S. v. Michael A. Carter. CCA 20180440.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 13, 2019

 

Petition for Grant of Review Denied

 

No. 20-0029/AR. U.S. v. Alexander W. Boesch. CCA 20180377.

 

Interlocutory Order

 

No. 20-0065/AF. U.S. v. Michael J. Turpiano. CCA 38873. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 2, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 12, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0065/AF. U.S. v. Michael J. Turpiano. CCA 38873.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 11, 2019

 

Petition for Grant of Review Filed

 

No. 20-0064/AR. U.S. v. Anthony A. Andriolo. CCA 20190180.

 

Petitions for Grant of Review Denied

 

No. 19-0383/AR. U.S. v. Bradley W. Coffey. CCA 20180073.

No. 20-0017/AR. U.S. v. Brandon M. Lance. CCA 20190207.

No. 20-0020/AF. U.S. v. Jonathan D. Shamess. CCA 39434.

No. 20-0023/AR. U.S. v. Cameron L. Canup. CCA 20180579.

No. 20-0026/AR. U.S. v. Derrell D. Goldsborough. CCA 20180434.

No. 20-0028/AR. U.S. v. Dylan T. Wright. CCA 20180585.

No. 20-0034/AR. U.S. v. Dylan W. Weeks. CCA 20190219.

No. 20-0037/AF. U.S. v. Jacob A. Ralston. CCA 39460.

No. 20-0038/AF. U.S. v. David C. Bingham. CCA 39425.

 

Interlocutory Order

 

No. 19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023. On further consideration of the granted issues, the record of trial, Appellant's brief, and the matters submitted in the Joint Appendix, a transcription of the following exhibits is required for the Court's consideration of the granted issues:

 

1. One (1) disc containing an audio/video recorded interview of SGT Norman L. Clark, Sr. conducted on October 22, 2015. The DVD is labeled Prosecution Exhibit 3.

 

2. Three (3) discs containing an audio/video recorded interview of SGT Norman L. Clark, Sr. conducted on October 21, 2015. The DVDs are labeled Prosecution Exhibit 20.

 

3. One (1) disc included in the record as Appellate Exhibit XXII, labeled "CID Interview SGT Clark 21 Oct 15, AE XX, Extraction of Disk 3 16:00:00 17:35:00."

 

Accordingly, it is ordered that the government produce a transcription of the matters contained in the exhibits identified above, and that the transcription be filed with this Court on or before January 10, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 10, 2019

 

Petition for Grant of Review Filed

 

No. 20-0063/AF. U.S. v. Bianca R. Acevedopelliccia. CCA 39624.

 

Petition for Grant of Review - Summary Disposition

 

No. 20-0055/AR. U.S. v. Jervelous D. Drisdom. CCA 20180655. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that the convening authority approved a sentence including the punishment of forfeiture of all pay and allowances, and the Court of Criminal Appeals held that the sentence was correct in law and fact and summarily affirmed. However, the court-martial did not adjudge any forfeitures of pay or allowances. Accordingly, it is ordered that said petition is granted, and the decision of the United States Army Court of Criminal Appeals is affirmed as to findings and to only so much of the sentence as provides for confinement for 45 months, reduction to E-1, and a dishonorable discharge.

 

Order Granting Petition for Review

 

No. 19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704. 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 issues:

 

I. WHETHER THE MILITARY JUDGE ERRED IN DENYING THE DEFENSE MOTION TO DISMISS THE CHARGES AND SPECIFICATIONS FOR A VIOLATION OF APPELLANT'S RIGHT TO A SPEEDY TRIAL UNDER ARTICLE 10, UCMJ.

 

II. WHETHER THE RECORD OF TRIAL IS COMPLETE UNDER ARTICLE 54, UCMJ, WHERE IT CONTAINS ONLY A SUMMARIZED TRANSCRIPT OF THE ARTICLE 39(a), UCMJ, SESSIONS THAT OCCURRED PRIOR TO THE WITHDRAWAL AND RE-REFERRAL OF THE CHARGES.

 

Briefs will be filed under Rule 25.

 

Special Docket Matter

 

No. 35569. In the matter of Eric J. Burris. It appearing that the above-named attorney is a member of the Bar of this Court and that he has been indefinitely suspended by the Judge Advocate General of the Army from the practice of law in Army courts-martial and the U. S. Army Court of Criminal Appeals, and considering Rule 15(b), Rules of Practice and Procedure, U.S. Court of Appeals for the Armed Forces, it is ordered that Eric J. Burris is disbarred from the practice of law before this Court effective the date of this Order.

 

Court Closure

 

By order of the Chief Judge, the United States Court of Appeals for the Armed Forces will be closed all day on Tuesday, December 24, 2019, and Tuesday, December 31, 2019.

 

For purposes of computation of time and motions to enlarge time under the Court's Rules of Practice and Procedure, December 24, 2019, and December 31, 2019 will be considered days when the Court is officially closed.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 9, 2019

 

Petitions for Grant of Review Denied

 

No. 20-0011/AR. U.S. v. Vincent M. Johnican-Benton, Jr. CCA 20180251.

No. 20-0032/AR. U.S. v. Christopher R. Mora. CCA 20190436.

No. 20-0035/AR. U.S. v. Evonquae R. Robinson. CCA 20190293.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 6, 2019

 

Petition for Grant of Review Filed

 

No. 20-0062/AR. U.S. v. Jeremy L. Kear. CCA 20190346.

 

Petitions for Grant of Review Denied

 

No. 20-0008/AR. U.S. v. Ishmael K. Johnson. CCA 20180405.

No. 20-0022/AR. U.S. v. Brandon L. Pelphrey. CCA 20180430.

No. 20-0027/AR. U.S. v. Brandon R. Phillips. CCA 20190082.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 5, 2019

 

Petition for Grant of Review Filed

 

No. 20-0061/AR. U.S. v. Zachary R. Shrader. CCA 20190243.

 

Interlocutory Order

 

No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. Appellant's motion to extend time to file a brief is granted to December 16, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 4, 2019

 

Petition for Grant of Review Filed

 

No. 20-0060/AR. U.S. v. Ricardo M. Blenman. CCA 20180177.

 

Petitions for Grant of Review Denied

 

No. 19-0394/AF. U.S. v. Denis M. Gueu. CCA 39380.

No. 19-0463/NA. U.S. v. Adam J. Ravenscraft. CCA 201600018.

 

Hearings

 

No. 19-0398/AF. U.S. v. Chase J. Easterly. CCA 39310.

No. 19-0298/AR. U.S. v. David M. Finch. CCA 20170501.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 3, 2019

 

Interlocutory Orders

 

No. 19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363. On consideration of the motion of Terrace L. Solomon for leave to file an amicus curiae brief in support of Appellant, it is ordered that the motion is denied.

 

No. 19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023. Appellee's motion to supplement the joint appendix is granted.

 

No. 20-0058/AF. U.S. v. Damion M. Yates. CCA 39444. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 23, 2019.

 

No. 20-0059/AR. U.S. v. Luis A. Rodriguez, Jr. CCA 20180138. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 23, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 2, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0056/AF. U.S. v. Jason L. Cummings. CCA 39446.

No. 20-0057/AR. U.S. v. Sheldon P. Baxter. CCA 20190412.

No. 20-0058/AF. U.S. v. Damion M. Yates. CCA 39444.

No. 20-0059/AR. U.S. v. Luis A. Rodriguez, Jr. CCA 20180138.

 

Petitions for Grant of Review Denied

 

No. 20-0002/AR. U.S. v. Viktor R. Riederer. CCA 20180183.

No. 20-0015/AR. U.S. v. Dean J. Willhide. CCA 20180349.

 

Order Granting Petition for Review

 

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

 

I.   DID THE COURT OF CRIMINAL APPEALS ERR WHEN IT FOUND THAT MISTAKE OF FACT AS TO CONSENT IS NOT A SPECIAL DEFENSE "IN ISSUE" FOR THE OFFENSE OF SEXUAL ASSAULT BY INDUCING A BELIEF BY CONCEALMENT THAT APPELLANT WAS SOMEONE ELSE?

 

II.  IF MISTAKE OF FACT WAS NOT A SPECIAL DEFENSE "IN ISSUE," DID THE MILITARY JUDGE ABUSE HIS DISCRETION BY DENYING THE DEFENSE REQUEST FOR AN INSTRUCTION ON MISTAKE OF FACT?

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 19-0252/AR. U.S. v. Tyler Washington. CCA 20170329. Appellant's motion to extend time to file a reply brief is granted to December 6, 2019.

 

No. 19-0425/AF. U.S. v. Michael J. Rich. CCA 39224. Appellant's motion to supplement the record is denied.



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