UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 28, 2019

 

Certificate for Review Filed

 

No. 19-0197/AF. U.S. v. Ralph J. Hyppolite II. CCA 39358. Notice is hereby 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 issue:

 

DID THE AIR FORCE COURT OF CRIMINAL APPEALS ERR WHEN IT FOUND THE MILITARY JUDGE ABUSED HIS DISCRETION BY RULING THAT THE EVIDENCE REGARDING SPECIFICATIONS 1, 2, AND 3 COULD BE CONSIDERED AS EVIDENCE OF A COMMON PLAN OR SCHEME FOR SPECIFICATIONS 4 AND 5.

 

Appellee/Cross-Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 1st day of April, 2019.

 

Interlocutory Order

 

No. 18-0201/AR. U.S. v. Anthony M. Bodoh. CCA 20150218. On consideration of Appellant's motion for leave to file out of time a petition for reconsideration of this Court's order denying his petition for grant of review on the mens rea issue is denied.

 

Petition for Reconsideration Denied

 

No. 18-0304/NA. U.S. v. Lamar A. Forbes. CCA 201600357. Appellant's petition for reconsideration of the Court's decision, United States v. Forbes, ___ M.J. ___ (C.A.A.F. 2019) is denied.

 

Mandate Issued

 

No. 18-0201/AR. U.S. v. Anthony M. Bodoh. CCA 20150218.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 27, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0196/AR. U.S. v. Alejandro Nunez. CCA 20170403.

 

Petitions for Grant of Review Denied

 

No. 19-0058/AR. U.S. v. Jack K. Norris. CCA 20160262.

No. 19-0080/AR. U.S. v. Jonathan Ortega. CCA 20170503.

No. 19-0137/AR. U.S. v. Patrick F. Reddict. CCA 20170290.

No. 19-0138/AR. U.S. v. Jeffery J. Pauley. CCA 20170554.

 

Petitions for Grant of Review Summary Dispositions

 

No. 19-0099/AR. U.S. v. Anthony R. Clark II. CCA 20160304. 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 three findings of guilty, set aside three findings of guilty and the sentence, and authorized a rehearing on the Specifications of Charge I and sentence or a rehearing on sentence only. Under Article 67(c), Uniform Code of Military Justice, 10 U.S.C. 867 (2012), 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.

 

No. 19-0140/AR. U.S. v. William P. Moynihan. CCA 20130855. 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 two findings of guilty, set aside three findings of guilty and the sentence, and authorized a rehearing. Under Article 67(c), Uniform Code of Military Justice, 10 U.S.C. 867 (2012), 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.

 

Miscellaneous Docket Filings

 

No. 19-0195/AR. Richard J. Ramsey, Appellant v. United States, Appellee. CCA 20190001. Notice is 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.

 

Orders Granting Petition for Review

 

No. 19-0066/AR. U.S. v. Jeremy N. Navarette. CCA 20160786. 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 ARMY COURT ERRONEOUSLY DENIED APPELLANT A POST-TRIAL R.C.M. 706 INQUIRY BY REQUIRING A GREATER SHOWING THAN A NON-FRIVOLOUS, GOOD FAITH BASIS ARTICULATED BY UNITED STATES v. NIX, 15 C.M.A. 578, 582, 36 C.M.R. 76, 80 (1965).

 

II.              WHETHER THE ARMY COURT ERRED WHEN IT HELD THAT SUBMITTING MATTERS PURSUANT TO UNITED STATES v. GROSTEFON, 12 M.J. 431 (C.M.A. 1982), WAS EVIDENCE OF APPELLANT'S COMPETENCE DURING APPELLATE PROCEEDINGS.

 

Briefs will be filed under C.A.A.F. R. 25.

 

Interlocutory Orders

 

No. 19-0086/NA. U.S. v. Pedro M. Bess. CCA 201300311. On consideration of Appellant's motion for leave to exceed word limit, it is ordered that the motion is denied. Appellant will file a supplement to the petition for grant of review that complies with Rule 21(b) on or before March 11, 2019.

 

No. 19-0155/AR. U.S. v. Daniel I. Avila. CCA 20160200. On consideration of Appellant's third motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to March 8, 2019, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

Special Docket Matters

 

No. 16633. In the matter of Dayton Michael Cramer. It appearing that the above-named attorney is a member of the Bar of this Court and has been disbarred from the practice of law by the state of Florida, that, pursuant to Rule 15(b), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, said attorney was suspended from the practice of law before the Court and was directed to show cause why he should not be disbarred, that considering no matters were submitted by said attorney, and considering the misconduct in this case, it is ordered that Dayton Michael Cramer is disbarred from the practice of law before this Court.

 

No. 30045. In the matter of Jon Ari Lefkowitz. It appearing that the above-named attorney is a member of the Bar of this Court and has been suspended from the practice of law by the state of New York, that, pursuant to Rule 15(b), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, said attorney was suspended from the practice of law before the Court and was directed to show cause why he should not be disbarred, that considering the matters submitted by said attorney in response, and considering the misconduct giving rise to his suspension, it is ordered that Jon Ari Lefkowitz is disbarred from the practice of law before this Court.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 26, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0193/AR. U.S. v. Justin M. Yungwirth. CCA 20180092.

No. 19-0194/AF. U.S. v. Timothy R. Kirklin. CCA S32505.

 

Petitions for Grant of Review Denied

 

No. 19-0074/AR. U.S. v. Aaron D. Keller. CCA 20150619.

 

Interlocutory Orders

 

No. 19-0191/AR. U.S. v. Francisco C. Lara. CCA 20170025. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 18, 2019.

 

No. 19-0192/AR. U.S. v. Lamont S. Jessie. CCA 20160187. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 18, 2019.

 

Mandates Issued

 

No. 18-0162/AF. U.S. v. James M. Hale. CCA 39101.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 25, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0190/NA. U.S. v. Fabian X. Moreno. CCA 20180277.

No. 19-0191/AR. U.S. v. Francisco C. Lara. CCA 20170025.

No. 19-0192/AR. U.S. v. Lamont S. Jessie. CCA 20160187.

 

Petitions for Grant of Review Denied

 

No. 19-0132/MC. U.S. v. Peter A. Salas III. CCA 201700190.

 

Orders Granting Petition for Review

 

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

 

WHETHER THE ARMY COURT OF CRIMINAL APPEALS CAN FIND THE UNLAWFUL FORCE, AS ALLEGED, FACTUALLY INSUFFICIENT AND STILL AFFIRM THE FINDING BASED ON A THEORY OF CRIMINALITY NOT PRESENTED AT TRIAL.

 

Briefs will be filed under C.A.A.F. R. 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 22, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0189/AR. U.S. v. William C. Reaver. CCA 20180220.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 21, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0187/AF. U.S. v. William H. Abel. CCA 39362.

No. 19-0188/AR. U.S. v. Martin U. Ewers. CCA 20180348.

 

Interlocutory Orders

 

No. 19-0103/AR. U.S. v. Terence K. Taylor, Jr. CCA 20160744. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 19-0157/AR. U.S. v. Richard M. Camacho. CCA 20140495. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to March 8, 2019.

 

No. 19-0181/AR. U.S. v. Lazaro J. Rodriguez. CCA 20160799. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 13, 2019.

 

No. 19-0182/AR. U.S. v. Jonah Hansen. CCA 20170430. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 11, 2019.

 

No. 19-0186/AR. U.S. v. Alexis S. Perry. CCA 20170043. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 11, 2019.

 

Hearings

 

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 19, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0181/AR. U.S. v. Lazaro J. Rodriguez. CCA 20160799.

No. 19-0182/AR. U.S. v. Jonah Hansen. CCA 20170430.

No. 19-0183/AR. U.S. v. Rondell A. Hilliard. CCA 20170377.

No. 19-0184/AR. U.S. v. Kaleb M. Gavino. CCA 20180173.

No. 19-0186/AR. U.S. v. Alexis S. Perry. CCA 20170043.

 

Petitions for Grant of Review Denied

 

No. 19-0039/AR. U.S. v. Carroll A. Gaither. CCA 20160287.

No. 19-0073/AR. U.S. v. Kitione V. Taufui. CCA 20160737.

No. 19-0124/AR. U.S. v. George F. Kallas. CCA 20170321.

No. 19-0129/NA. U.S. v. Ahmed A. Megeed. CCA 201800153.

No. 19-0134/AR. U.S. v. Jonathan Acevedojuarbe. CCA 20180007.

No. 19-0145/AF. U.S. v. Michael B. Carter. CCA 39289.

 

Miscellaneous Docket - Filings

 

No. 19-0185/AR. Shaquille Craig, Appellant v. Mark A. Bridges, Colonel, Military Judge, United States Army, Appellee. CCA 20180632. 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.

 

Interlocutory Orders

 

No. 19-0080/AR. U.S. v. Jonathan Ortega. CCA 20170503. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 19-0099/AR. U.S. v. Anthony R. Clark II. CCA 20160304. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 19-0178/AR. U.S. v. Robert J. Rice. CCA 20160695. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 11, 2019.

 

Hearings

 

No. 18-0308/AR. U.S. v. Cedric L. McDonald. CCA 20160339.

No. 18-0305/AR. U.S. v. Michael C. Gleason. CCA 20150379.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 15, 2019

 

Miscellaneous Docket - Filings

 

No. 19-0179/AR. Mathew T. Whitney, Petitioner v. United States, Respondent. CCA 20150119. Notice is given that a pro se petition for extraordinary relief in the nature of a writ of habeas corpus was filed under Rule 27(a) on this date.

 

No. 19-0180/AF. Jesse L. Brazell, Appellant v. Cliff J. Uddenberg, Commander, U.S. Navy, Commanding Officer, Naval Consolidated Brig, Miramar, Appellee. CCA 2019-08. Notice is 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.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 14, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0177/AR. U.S. v. Bradford A. Garner. CCA 20180065.

No. 19-0178/AR. U.S. v. Robert J. Rice. CCA 20160695.

 

Interlocutory Orders

 

No. 19-0155/AR. U.S. v. Daniel I. Avila. CCA 20160200. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 27, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 13, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0176/AR. U.S. v. Destro M. Dela Pena. CCA 20170534.

 

Petitions for Grant of Review Denied

 

No. 19-0105/AR. U.S. v. Michael E. Gee. CCA 20160313.

No. 19-0127/AR. U.S. v. Henry Phan. CCA 20180057.

No. 19-0136/AR. U.S. v. David A. Smalls, Jr. CCA 20170429.

No. 19-0141/AR. U.S. v. Edward J. Mitchell II. CCA 20170558.

 

Orders Granting Petition for Review

 

No. 19-0087/AR. U.S. v. Deontray D. Coleman. CCA 20170013. 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 assigned issue:

 

WHETHER SPECIFICATION 1 OF CHARGE VII IS MULTIPLICIOUS WITH SPECIFICATION 1 OF CHARGE I, AS THEY ARE PART OF THE SAME TRANSACTION.

 

Briefs (on the issue of multiplicity and not unreasonable multiplication of charges) will be filed under C.A.A.F. R. 25.

 

Interlocutory Orders

 

No. 18-0201/AR. U.S. v. Anthony M. Bodoh. CCA 20150218. On consideration of Appellee's motion to file a motion out of time, and of Appellee's motion for an enlargement of time to file an answer to Appellant's matters petitioning for reconsideration, the motions are granted. Appellee may file an answer to Appellant's motion for leave to file a petition for reconsideration on or before February 21, 2019.

 

No. 19-0153/AF. U.S. v. Nicholas V. Linton. CCA 39229. Appellant's motion for leave to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), is granted.

 

No. 19-0175/AR. U.S. v. Christopher E. Monge. CCA 20170295. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 4, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 12, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0175/AR. U.S. v. Christopher E. Monge. CCA 20170295.

 

Petitions for Grant of Review Denied

 

No. 19-0063/NA. U.S. v. Joseph M. Wilson. CCA 201700098.

No. 19-0108/AR. U.S. v. Samuel R. Beck. CCA 20170446.

No. 19-0116/AR. U.S. v. Tyron B. Nock. CCA 20180022.

No. 19-0120/AR. U.S. v. Keith M. J. Mills. CCA 20170156.

 

Interlocutory Orders

 

No. 18-0372/AF. U.S. v. Paul D. Voorhees. CCA 38836. Appellant's motion to file a supplemental joint appendix is granted.

 

No. 19-0172/NA. U.S. v. Bryan P. Watson. CCA 201800236. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 4, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 11, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0172/NA. U.S. v. Bryan P. Watson. CCA 201800236.

No. 19-0173/AR. U.S. v. John M. Morales. CCA 20180062.

No. 19-0174/AF. U.S. v. Tony A. Baker. CCA 39311.

 

Interlocutory Orders

 

No. 19-0132/MC. U.S. v. Peter A. Salas III. CCA 201700190. Appellant's motion for leave to amend the supplement to the petition for grant of review is granted.

 

No. 19-0146/AF. U.S. v. James L. Donoho. CCA 39242. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to March 4, 2019.

 

No. 19-0168/AF. U.S. v. Patrick D. Moore. CCA S32477. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 4, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 8, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0171/AR. U.S. v. Dylan R. Applegate. CCA 20180296.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 7, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0168/AF. U.S. v. Patrick D. Moore. CCA S32477.

No. 19-0169/AR. U.S. v. Matthew X. Guerrero. CCA 20170612.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 6, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0165/AR. U.S. v. Timothy R. Brown. CCA 20180056.

No. 19-0167/AR. U.S. v. Lonnie L. Lovett. CCA 20170674.

 

Petitions for Grant of Review Denied

 

No. 19-0059/NA. U.S. v. Cody L. Bannister. CCA 201600056.

No. 19-0072/AR. U.S. v. David R. McHugh. CCA 20160647.

No. 19-0084/NA. U.S. v. Darin H. Keeter. CCA 201700119.

No. 19-0111/AR. U.S. v. Chastin L. Walker. CCA 20160239.

No. 19-0122/AR. U.S. v. Jerry T. Barnes. CCA 20170572.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 19-0025/AR. U.S. v. Daimon C. Wear. CCA 20160508. 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 specified issue:

 

WHETHER "ON DIVERS OCCASIONS" SHOULD BE EXCEPTED FROM SPECIFICATION 7 OF CHARGE I (AS RENUMBERED) WHERE THERE IS NO EVIDENCE THAT THIS EVENT OCCURRED ON MORE THAN ONE OCCASION DURING THE CHARGED TIME PERIOD.

 

The decision of the United States Army Court of Criminal Appeals is reversed as to the words "on divers occasions" in Specification 7 of Charge I (renumbered), but is affirmed in all other respects. The finding of guilty as to those words is set aside and that portion of Specification 7 is dismissed.

 

Miscellaneous Docket - Summary Dispositions

 

No. 19-0166/AF. James W. Richards IV, Appellant v. Heather Wilson, Secretary of the United States Air Force, Appellee. CCA 2018-07. Notice is hereby given that Appellant filed a motion to enlarge time to file a writ-appeal petition on December 26, 2018, a writ-appeal petition on January 15, 2019, a motion to correct errata on January 28, 2019, and a motion to extend time to file a reply to Appellee's answer to the writ-appeal petition on January 30, 2019. On consideration thereof, it is ordered that the motion to enlarge time to file a writ-appeal petition is denied, and that the writ-appeal petition, the motion to correct errata and the motion to extend time to file a reply are denied as moot.

 

Interlocutory Orders

 

No. 19-0163/AR. U.S. v. Duston E. Wilson. CCA 20170260. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 25, 2019.

 

No. 19-0164/NA. U.S. v. Chester N. McDonald. CCA 201700172. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 26, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 5, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0163/AR. U.S. v. Duston E. Wilson. CCA 20170260.

No. 19-0164/NA. U.S. v. Chester N. McDonald. CCA 201700172.

 

Miscellaneous Docket - Summary Dispositions

 

No. 19-0162/AR. U.S. v. Jeffrey L. McBride. Notice is given that a petition for extraordinary relief in the nature of habeas corpus was filed under Rule 27(a), together with a motion to attach documents on January 15, 2019, and placed on the docket this date. On consideration thereof, it is ordered that the petition for extraordinary relief is dismissed for lack of jurisdiction and the motion is denied.

 

Interlocutory Orders

 

No. 18-0359/AR. U.S. v. Michael L. Haynes, Jr. CCA 20160817. Appellant's motion to extend time to file a brief is granted to February 26, 2019.

 

No. 18-0372/AF. U.S. v. Paul D. Voorhees. CCA 38836. Appellant's motion for additional time to present oral argument is denied.

 

No. 19-0137/AR. U.S. v. Patrick F. Reddict. CCA 20170290. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 19-0160/AR. U.S. v. Tevin J. Long. CCA 20170252. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 25, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 4, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0160/AR. U.S. v. Tevin J. Long. CCA 20170252.

No. 19-0161/AR. U.S. v. Robert L. Atkinson, Jr. CCA 20160634.

 

Petitions for Grant of Review Denied

 

No. 19-0075/AR. U.S. v. Matthew N. Gray. CCA 20180055.

No. 19-0096/AR. U.S. v. Paul A. Riojas. CCA 20170097.

No. 19-0098/AR. U.S. v. Vincent Matthew B. Macario. CCA 20160760.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 02-0274/AR. U.S. v. Charles G. Willenbring. CCA 9801505. On consideration of Appellant's corrected motion for leave to file a petition for reconsideration out of time, the petition for reconsideration filed out of time, the motion to file a detainer, Appellee's answer, and Appellant's reply, it is noted that Appellant is confined in North Carolina state prison, and the petition is filed 16 years out of time in a case that is final for all purposes under Articles 71 and 76, Uniform Code of Military Justice, 10 U.S.C. 871, 876 (2012). Denedo v. United States, 66 M.J. 114 (C.A.A.F. 2008), aff'd and remanded, 556 U.S. 904 (2009), C.A.A.F. R. 31(a). Accordingly, it is ordered that the motions and the petition are denied without prejudice to Appellant's seeking collateral relief in an appropriate forum.

 

Interlocutory Orders

 

No. 19-0054/AR. Nidal M. Hasan, Petitioner v. United States Army Court of Criminal Appeals, Respondent, and United States, Real Party in Interest. U.S. CCA 20130781. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, we note that this Court previously ordered the United States to show cause why the requested relief should not be granted. We also ordered the United States to "specifically address the jurisdiction of this Court to grant the requested relief." Hasan v. United States Army Court of Criminal Appeals and United States, No. 19-0054, __ M.J. __ (C.A.A.F. Dec. 28, 2018) (order).

 

Citing Loving v. United States, 62 M.J. 235 (C.A.A.F. 2005), the United States submitted an answer that in two sentences conceded jurisdiction of this Court over this case. In reply, Petitioner stated that the United States had correctly conceded jurisdiction and cited LRM v. Kastenberg, 72 M.J. 364 (C.A.A.F. 2013), Center for Constitutional Rights v. United States, 72 M.J. 126 (C.A.A.F. 2013), and Hasan v. Gross, 71 M.J. 416 (C.A.A.F. 2012). We consider the answer of the United States to be inadequate. Accordingly, it is ordered that the United States is directed to specifically address the jurisdiction of this Court to grant the requested relief, including citation to all relevant authorities, in light of the fact that the Army Court of Criminal Appeals has not completed its appellate review pursuant to Article 66, Uniform Code of Military Justice, 10 U.S.C. 867 (2012), and to do so on or before February 11, 2019. See, e.g., United States v. Denedo, 556 U.S. 904 (2009), Clinton v. Goldsmith, 526 U.S. 529 (1999).

 

Petitioner may file a reply within 5 days of the filing by the United States.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 1, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0046/AR. U.S. v. Luis M. Melgarejo. CCA 20170105.

No. 19-0079/AR. U.S. v. Aaron W. Wilson. CCA 20170613.



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