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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