UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 31, 2019
Order Granting
Petition for Review
No. 19-0104/AR. U.S.
v. Nicholas E. Davis. CCA 20160069. On consideration of
Appellant's petition for reconsideration of this Court's order denying the
petition for grant of review __ M.J. __ (Daily
Journal June 18, 2019), and in light of United
States v. Rehaif, 139 S. Ct. 2191, 2196 (2019),
it is ordered that the petition for reconsideration is granted, that the order
denying the petition for grant of review is vacated, and the petition for grant
of review is granted on the following issue:
WHETHER
THE MENS REA OF "KNOWINGLY" APPLIES TO THE
CONSENT ELEMENT OF ARTICLE 120c(a)(2), UNIFORM CODE OF MILITARY JUSTICE, 10 U.S.C. § 920c(a)(2) (2016).
Briefs
will be filed under Rule 25.
Interlocutory Order
No. 19-0139/AR. U.S. v. Alan S. Guardado. CCA 20140014. Appellee's motion to supplement the joint appendix is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 30, 2019
Petitions for Grant of Review Filed
No.
19-0401/AR. U.S. v. Monfort Celestin. CCA 20180423.
No.
19-0402/AR. U.S. v. Tyler J. Michael. CCA 20180459.
No.
19-0403/AR. U.S. v. Brenton H. Weiss. CCA 20180327.
Petitions for Grant of Review Denied
No.
19-0261/CG. U.S. v. Matthew A. Rogers. CCA 1391.
No.
19-0301/AR. U.S. v. Daniel M. Davis. CCA 20180203.
No.
19-0329/AR. U.S. v. Teitus A. Tanihu.
CCA 20180593.
No.
19-0341/AR. U.S. v. Michael J. Ballesteros. CCA 20170652.
No.
19-0357/AR. U.S. v. Brendan J. Tellez. CCA 20190019.
No.
19-0360/AR. U.S. v. Kathryn L. Hopkins. CCA 20180317.
Order Granting Petition for Review
No. 19-0230/AF. U.S. v. Jordan R. Muller.
CCA 39323.
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. WHETHER RULE 15.5 OF THE AIR FORCE COURT OF
CRIMINAL APPEALS RULES OF PRACTICE AND PROCEDURE IS INVALID BECAUSE IT
CONFLICTS WITH THE UNIFORM CODE OF MILITARY JUSTICE, THIS COURT'S PRECEDENT,
THE JOINT COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND PROCEDURE, THE
RECENTLY UPDATED JOINT RULES OF APPELLATE PROCEDURE, AND THE PRIOR AND CURRENT
APPELLATE RULES OF THE OTHER SERVICE COURTS OF CRIMINAL APPEALS.
II. WHETHER THE AIR FORCE COURT OF CRIMINAL
APPEALS DEPRIVED APPELLANT OF HIS DUE PROCESS RIGHT TO RAISE ISSUES ON APPEAL
WHEN IT DENIED HIS TIMELY REQUEST TO FILE A SUPPLEMENTAL BRIEF ON ISSUES
ARISING DURING REMAND PROCEEDINGS.
III. WHETHER A COURT OF
CRIMINAL APPEALS MUST REQUIRE CERTIFICATES OF CORRECTION TO BE ACCOMPLISHED,
VICE ACCEPTING DOCUMENTS VIA A MOTION TO ATTACH, WHEN IT FINDS A RECORD OF
TRIAL TO BE INCOMPLETE DUE TO A MISSING EXHIBIT.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 29, 2019
Petitions for Grant of Review Filed
No.
19-0396/AR. U.S. v. Karlos D. Moten.
CCA 20180452.
No.
19-0397/NA. U.S. v. Alan D. Dorrbecker. CCA
201700347.
No.
19-0399/AR. U.S. v. Clancey D. Lamb. CCA 20190138.
No.
19-0400/AR. U.S. v. Trevin L. Hagood, Jr. CCA
20180343.
Petition for Grant of Review Denied
No.
19-0358/AF. U.S. v. Joshua A. Sloan. CCA 39500.
Certificate for Review Filed
No. 19-0398/AF. U.S. v. Chase J.
Easterly. CCA 39310.
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 issue:
WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN FINDING THAT THE MILITARY
JUDGE COMMITTED PLAIN AND PREJUDICIAL ERROR BY FAILING TO INSTRUCT THE PANEL
SUA SPONTE REGARDING THE IMPACT OF A PUNITIVE DISCHARGE ON APPELLEE'S POTENTIAL
PERMANENT DISABILITY RETIREMENT, WHERE APPELLEE DID NOT REQUEST SUCH AN
INSTRUCTION.
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before the
28th day of August, 2019.
Miscellaneous Docket - Summary
Disposition
No. 19-0385/AF. U.S. v. Joseph L. Neis. CCA 39537. On consideration of the petition for
extraordinary relief in the nature of a writ of habeas corpus, writ of mandamus
and declaratory judgment it is ordered that the petition is dismissed without
prejudice to Petitioner's right to raise the matters asserted during the normal
course of appellate review.
Appeal - Summary Disposition
No. 19-0299/AR. U.S. v. Duane M. Amalong. CCA 20170505. On consideration of the Court's order
denying the petition for grant of review __ M.J. __ (Daily Journal July 22,
2019), and Appellant's motion to supplement the record, it is ordered that the
order denying the petition for grant of review is vacated; that the motion to
supplement the record is denied; and that the petition for grant of review is
denied.
Interlocutory Orders
No.
19-0368/AR. U.S. v. Keri L. Davis. CCA 20170561. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to August 5, 2019.
No.
19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. 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.
19-0394/AF. U.S. v. Denis M. Gueu. CCA 39380. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to August 19, 2019.
No.
19-0395/MC. U.S. v. Corey J. Smith. CCA 201800042. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
August 19, 2019.
Mandate Issued
No.
19-0087/AR. U.S. v. Deontray D. Coleman. CCA
20170013.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 26, 2019
Petitions for Grant of Review Filed
No.
19-0394/AF. U.S. v. Denis M. Gueu. CCA 39380.
No.
19-0395/MC. U.S. v. Cory J. Smith. CCA 201800042.
Petitions for Grant of Review Denied
No.
19-0156/AR. U.S. v. Eric F. Kelly. CCA 20150725.
No.
19-0274/AR. U.S. v. Hector Hernandezaviles. CCA
20170131.
Petition for New Trial - Summary
Disposition
No.
19-0303/AR. U.S. v. Samuel R. Wiles. CCA 20170246. On consideration of the petition
for new trial, it is ordered that the petition is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 25, 2019
Petitions for Grant of Review Denied
No. 19-0233/AR. U.S. v. Mikel K.W. Tillman. CCA
20160449.
No. 19-0334/AR. U.S. v. Jerad Q. Pergande. CCA
20180406.
No. 19-0352/MC. U.S. v. Andrew J. Deleon. CCA
201800365.
No. 19-0353/MC. U.S. v. Johnny Sanchez. CCA
201900004.
Interlocutory Orders
No. 19-0331/AR. U.S. v. Isiah K. Hall. CCA
20160644. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431
(C.M.A. 1982) is granted.
No. 19-0393/AR. U.S. v. Nathaniel Nunnery. CCA
20180199. Appellant's motion to extend time to file the supplement to
the petition for grant of review is granted to August 16, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 24, 2019
Petitions for Grant of Review Denied
No.
19-0204/AR. U.S. v. Matthew A. Reyes. CCA 20170198.
No.
19-0246/AR. U.S. v. Samuel R. Wiles. CCA 20170246.
No.
19-0251/AR. U.S. v. Olanrewaju O. Dairo.
CCA 20170175.
No.
19-0257/AF. U.S. v. Nathan E. Scott. CCA 39309.
No.
19-0300/MC. U.S. v. Christopher E. Jennings. CCA 201700241.
No.
19-0305/AR. U.S. v. Noah A. Yusufi. CCA 20170543.
No.
19-0336/AF. U.S. v. LT Moore III. CCA 39348.
Petitions for Grant of Review - Summary
Dispositions
No. 19-0311/AR. U.S. v. Berny A. Alexandre. CCA 20170596. 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 the
decision of the United States Army Court of Criminal Appeals is affirmed.*
* It is directed that the promulgating order be corrected by changing the
finding of the sole specification of Charge II from not guilty to guilty.
No. 19-0321/AR. U.S. v. Jason A. Lopez.
CCA 20170386. 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 MILITARY JUDGE ERRED BY FAILING TO RECUSE HIMSELF BASED ON
CIRCUMSTANCES THAT, IF KNOWN AT THE TIME OF APPELLANT'S COURT-MARTIAL, WOULD
HAVE PROVIDED REASONS TO REASONABLY QUESTION HIS IMPARTIALITY.
That the decision of the United States Army Court of Criminal Appeals is set aside.
The record of trial is returned to the Judge Advocate General of the Army for
remand to that court for a new review and consideration of the aforementioned
issue under Article 66, Uniform Code of Military Justice UCMJ), 10 U.S.C. § 866
(2012). Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2012) shall
apply.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 23, 2019
Petition for Grant of Review Filed
No.
19-0393/AR. U.S. v. Nathaniel Nunnery. CCA 20180199.
Petition for Grant of Review Denied
No.
19-0328/AR. U.S. v. Demetrius J. Ruffin. CCA 20180479.
Interlocutory Order
No.
19-0363/AF. Humphrey Daniels III, Petitioner v. Carl Brobst,
Commander, Commanding Officer, Naval Consolidated Brig Charleston, United
States Navy, Respondent and United States of America, Real Party in Interest.
CCA 39407. On consideration of the petition for extraordinary relief in the
nature of a writ of habeas corpus and declaratory judgment, it is ordered that
the Real Party in Interest show cause within 5 days of the date of this order
why the requested relief should not be granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 22, 2019
Petition for Grant of Review Filed
No. 19-0392/AF. U.S. v. Corey J. Laubach. CCA 39396.
Petitions for Grant of Review Denied
No. 19-0248/AR. U.S. v. Carmelo Angel-Neri. CCA 20170658.
No. 19-0299/AR. U.S. v. Duane M. Amalong. CCA 20170505.
No. 19-0342/AF. U.S. v. Raymond B.
Pfeiffer. CCA 39575.
Appeal - Summary Disposition
No. 19-0345/AF. U.S. v. Humphrey Daniels III. CCA 39407. On consideration of
the issue certified by the Judge Advocate General of the Air Force, __ M.J. __ (C.A.A.F. Jun. 19, 2019),
Appellant's brief, and Appellant's motion for a summary disposition, motion to
suspend this Court's rules, and motion to dispense with the requirement to file
a joint appendix all filed June 19, 2019, and in light of United States v. Mangahas, 77 M.J. 220 (C.A.A.F. 2018), it is
ordered that the motions are granted, and the certified issue is answered in
the affirmative, and the decision of the United States Air Force Court of
Criminal Appeals is therefore affirmed.
Interlocutory Orders
No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review is granted to August 5, 2019.
No. 19-0390/NA. U.S. v. Calvin J. Cobb.
CCA
201700356. Appellant's motion to extend time to file the supplement to
the petition for grant of review is granted to August 12, 2019.
No. 19-0391/AR. U.S. v. Timothy J. Bazzell. CCA 20180105. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to August 12, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 19, 2019
Petitions for Grant of Review Filed
No. 19-0390/NA. U.S. v. Calvin J. Cobb.
CCA
201700356.
No. 19-0391/AR. U.S. v. Timothy J. Bazzell. CCA 20180105.
Petitions for Grant of Review Denied
No. 19-0313/AR. U.S. v. Michael S. Lutz. CCA 20180358.
No. 19-0333/AR. U.S. v. Kyle R. Forte. CCA 20190078.
Interlocutory Orders
No. 19-0086/NA. U.S. v. Pedro M. Bess, Jr.
CCA 201300311. On consideration of the motion
filed by the NAACP Legal Defense & Educational Fund, Inc., for leave to
file an amicus curiae brief in support of Appellant,
it is ordered that the motion is granted.
No. 19-0362/MC. U.S. v. Kristopher B. Richardson. CCA 201900028. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review is granted to August 5, 2019.
No. 19-0388/AR. U.S. v. Bryan W. Chowning. CCA 20180211. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to August 8, 2019.
Mandate Issued
No. 18-0359/AR. U.S. v. Michael L. Haynes, Jr. CCA 20160817.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 18, 2019
Petitions for Grant of Review Filed
No. 19-0386/AR. U.S. v. Spencer D. Dorr. CCA 20170172.
No. 19-0387/AR. U.S. v. Zachary J. Ford. CCA 20180341.
No. 19-0388/AR. U.S. v. Bryan W. Chowning. CCA 20180211.
No. 19-0389/AR. U.S. v. Jamel
S. Gargar. CCA 20180378.
Petitions for Grant of Review Denied
No. 19-0250/AR. U.S. v. Ray A. Iglesias. CCA 20170063.
No. 19-0270/AR. U.S. v. Anthony J. Pearce. CCA 20170396.
No. 19-0293/AF. U.S. v. Quyen Q. Tran. CCA 39372.
No. 19-0310/AR. U.S. v. Dajuan
R. Black.
CCA
20180282.
No. 19-0319/AF. U.S. v. Michael J. Crowe.
CCA 39519.
No. 19-0330/AR. U.S. v. Vincent A. Acosta. CCA 20180517.
Interlocutory Order
No. 19-0384/AR. U.S. v. Michael J. Guinn. CCA
20170500. Appellant's motion to extend time to file the supplement to the petition
for grant of review is granted to August 7, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 17, 2019
Miscellaneous Docket - Filing
No.
19-0385/AF. U.S. v. Joseph L. Neis. CCA 39537. Notice
is given that a petition for extraordinary relief in the nature of a writ of
habeas corpus, writ of mandamus and declaratory judgment was filed under Rule
27(a) on this date.
Interlocutory Order
No.
19-0284/AR. U.S. v. Rohan H. Green. CCA 20170271. Appellant's motion to submit
matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 16, 2019
Petitions for Grant of Review Filed
No.
19-0382/AR. U.S. v. Gerald R. Carter, Jr. CCA 20160770.
No.
19-0383/AR. U.S. v. Bradley W. Coffey. CCA 20180073.
No.
19-0384/AR. U.S. v. Michael J. Guinn. CCA 20170500.
Orders Granting Petition for Review
No. 19-0158/AR. U.S. v. Malcolm R.
Turner. CCA 20160131.
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 I ALLEGING AN ATTEMPTED KILLING FAILS TO STATE AN
OFFENSE BECAUSE IT DOES NOT EXPLICITLY, OR BY NECESSARY IMPLICATION, ALLEGE THE
ATTEMPTED KILLING WAS UNLAWFUL.
Briefs will be filed under Rule 25.
No. 19-0192/AR. U.S. v. Lamont S.
Jessie. CCA 20160187.
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 ERRED BY
CONSIDERING MILITARY CONFINEMENT POLICIES BUT REFUSING TO CONSIDER SPECIFIC
EVIDENCE OF APPELLANT'S CONFINEMENT CONDITIONS.
II. WHETHER THE ARMY COURT CONDUCTED A
VALID ARTICLE 66 REVIEW WHEN IT FAILED TO CONSIDER APPELLANT'S CONSTITUTIONAL
CLAIMS.
III. WHETHER
APPELLANT'S CONSTITUTIONAL RIGHTS WERE VIOLATED BY A CONFINEMENT FACILITY
POLICY THAT BARRED HIM FROM ALL FORMS OF COMMUNICATION WITH HIS MINOR CHILDREN
WITHOUT AN INDIVIDUALIZED ASSESSMENT DEMONSTRATING THAT AN ABSOLUTE BAR WAS
NECESSARY.
Briefs will be filed under Rule 25.
Interlocutory Orders
No.
18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393. On consideration
of Appellant's motion to attach and petition for reconsideration of this
Court's decision, United States v.
Hutchins III, 78 M.J. 437 (C.A.A.F. 2019), it is ordered that the motion
is granted as to Appendix A, denied as moot as to Appendices B and C
because this material is already part of the record, and denied as to Appendix
D, that the petition for reconsideration is denied, and the mandate be
issued forthwith.
No.
19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to August 5, 2019.
No.
19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to August 5, 2019.
No.
19-0380/AR. U.S. v. Victor J. Fernandez. CCA 20160688. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to August 5, 2019.
No.
19-0382/AR. U.S. v. Gerald R. Carter, Jr. CCA 20160770. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to August 5, 2019.
Mandate Issued
No.
18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 15, 2019
Petitions for Grant of Review Filed
No.
19-0375/AF. U.S. v. Sarah M. Leverenz. CCA S32539.
No.
19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246.
No.
19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318.
No.
19-0378/AR. U.S. v. Anthony R. Flowers. CCA 20180622.
No.
19-0379/AR. U.S. v. Eduardo J. Montoya. CCA 20190017.
No.
19-0380/AR. U.S. v. Victor J. Fernandez. CCA 20160688.
No.
19-0381/AR. U.S. v. Monterrio D. Harvey. CCA
20180590.
Petitions for Grant of Review Denied
No.
19-0203/AR. U.S. v. Kevin W. Beer. CCA 20160659.
No.
19-0216/AR. U.S. v. Sean J. Dillon. CCA 20160324.
No.
19-0263/AR. U.S. v. Sean W. Cornelison. CCA 20160733.
Interlocutory Order
No. 19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted to July 22, 2019, and absent extraordinary circumstances, no further extensions of time will be granted in this case.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 12, 2019
Petitions for Grant of Review Filed
No.
19-0373/AR. U.S. v. Andrew S. Deaton. CCA 20180380.
No.
19-0374/NA. U.S. v. Gherson Fernandez. CCA 201900047.
Petition for Grant of Review Denied
No.
19-0285/NA. U.S. v. Antonio Olivares. CCA 201800125. On consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of Criminal
Appeals on appeal by the United States under Article 62, Uniform Code of
Military Justice, 10 U.S.C. § 862, it is ordered that the petition is denied
without prejudice to Appellant's right to raise the matter asserted during the
normal course of appellate review.
Interlocutory Order
No.
18-0372/AF. U.S. v. Paul D. Voorhees. CCA 38836. Appellant's second motion to
extend time to file a petition for reconsideration is granted to July 15, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 11, 2019
Petition for Grant of Review Denied
No.
19-0107/AR. U.S. v. Charles W. Buford IV. CCA 20170164.
Interlocutory Orders
No.
19-0086/NA. U.S. v. Pedro M. Bess, Jr. CCA 201300311. Appellant's motion to
supplement the record filed June 14, 2019 is granted.
No.
19-0118/AR. U.S. v. John T. Long. CCA 20150160. Appellant's petition for
reconsideration of this Court's order issued May 31, 2019, and motion to
supplement the record are denied.
No.
19-0192/AR. U.S. v. Lamont S. Jessie. CCA 20160187. On consideration of
Appellant's motion to supplement the record (part I), motion to supplement the
record (part II), and second motion to supplement the record, all filed on April
19, 2019, it is ordered that the motion to supplement the record (part I)
is granted as it pertains to attaching Defense Appellate Exhibits A-E, and
the motion to supplement the record (part II) is granted as it pertains
to attaching Defense Appellate Exhibits I-J and M-N and Government Appellate
Exhibits A-C and E, and the second motion to supplement the record
is granted.
No.
19-0203/AR. U.S. v. Kevin W. Beer. CCA 20160659. Appellant's motion to
supplement the record filed April 12, 2019, and Appellee's motion, filed April
25, 2019, to file a 10-day letter out of time are denied.
No.
19-0216/AR. U.S. v. Sean J. Dillon. CCA 20160324. Appellant's motion to attach
filed March 18, 2019, motion to attach filed March 25, 2019, and motion to
attach filed April 22, 2019 are denied.
No.
19-0285/NA. U.S. v. Antonio Olivares. CCA 201800125. On consideration of
Appellee's motion to supplement the record filed June 10, 2019, Appellant's
motion to supplement the record filed June 17, 2019, and Appellant's motion to
remand the record to the United States Navy-Marine Corps Court of Criminal
Appeals, it is ordered that Appellee's motion to supplement the record is
granted, and Appellant's motion to supplement the record and motion to remand
the record of trial to the CCA are denied.
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 motion for an
enlargement of time to file a writ-appeal petition was filed on July 2, 2019,
and placed on the docket this date. On consideration thereof, it is ordered
that the motion is granted to August 7, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 10, 2019
Interlocutory Orders
No.
18-0372/AF. U.S. v. Paul D. Voorhees. CCA 38836. Appellant's motion to extend
time to file a petition for reconsideration is granted to July 11, 2019.
No.
19-0323/AR. U.S. v. Gregory D. Freeman. CCA 20170103. Appellant's third motion
to extend time to file the supplement to the petition for grant of review is
granted, up to and including July 19, 2019, and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
19-0324/AR. U.S. v. Joseph W. Smith. CCA 20180047. Appellant's third motion to
extend time to file the supplement to the petition for grant of review is
granted, up to and including July 19, 2019, and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to July 15, 2019.
No.
19-0348/NA. U.S. v. Johnny L. Tharpe. CCA 881475. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to July 31, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 9, 2019
Petition for Grant of Review Filed
No.
19-0371/AR. U.S. v. Michael J. Finkbone. CCA
20190008.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 8, 2019
Interlocutory Order
No.
19-0368/AR. U.S. v. Keri L. Davis. CCA 20170561. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
July 26, 2019.
Mandate Issued
No.
18-0350/CG. U.S. v. Michael R. Rodriguez. CCA 1450.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 3, 2019
Petitions for Grant of Review Filed
No.
19-0368/AR. U.S. v. Keri L. Davis. CCA 20170561.
No.
19-0369/AR. U.S. v. Kyle J. Baker. CCA 20170438.
No.
19-0370/AR. U.S. v. Noel G. Aguiar-Perez. CCA
20140715.
Petitions for Grant of Review Denied
No.
19-0218/NA. U.S. v. Jacob A. Patrick. CCA 201700178.
No.
19-0276/AR. U.S. v. Dalton C. Czaiczynski. CCA
20170309.
No.
19-0295/AR. U.S. v. Wayne C. Munro. CCA 20180229.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 2, 2019
Petition for Grant of Review Filed
No.
19-0367/AF. U.S. v. Christian R. Bello. CCA S32489.
Interlocutory Orders
No.
19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
July 22, 2019.
No.
19-0366/AF. U.S. v. Nathan G. Wilson-Crow. CCA 38706. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to July 22, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 1, 2019
Petitions for Grant of Review Filed
No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242.
No. 19-0366/AF. U.S. v. Nathan G.
Wilson-Crow. CCA 38706.
Petitions for Grant of Review Denied
No. 19-0206/AF. U.S. v. James A. McGriff
II. CCA 39306.
No. 19-0316/AF. U.S. v. Jeffrey A. Ramsdell. CCA 39533.
No. 19-0320/AR. U.S. v. Alexander L. Guenther. CCA 20180359.
Miscellaneous Docket - Filing
No. 19-0363/AF. Humphrey Daniels III, Petitioner v. Carl Brobst, Commander, Commanding Officer, Naval Consolidated
Brig Charleston, United States Navy, Respondent and United States of America,
Real Party in Interest. CCA 39407. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of habeas corpus and declaratory
judgment and brief in support of were filed under Rule 27(a) on this date.
Petition for New Trial Filed
No. 19-0364/AR. Jeremy N. Navarrette,
Petitioner v. United States, Respondent. CCA 20160786. Notice is hereby given that in conformity with
Article 73, UCMJ, the Judge Advocate General of the
Army has referred to this Court a petition for a new trial, which has been
filed under Rule 29 on this date.
Petitioner
is pending direct review by this Court in the case assigned docket number
19-0066/AR.
In
accordance with Rule 29(c), Petitioner avers that his brief is expressly
incorporated in the petition. Under the Rule, this triggers a 30-day period for
the United States, as the Respondent, to file an answer. In view of the
pendency of Petitioner's case on direct review, Respondent is requested to
inform the Court, on or before the 11th day of July, 2019, whether it intends
to file an answer, due on or before the 31st day of July, 2019.
Interlocutory Orders
No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellant's
second motion to extend time to file a reply brief is granted to July 25,
2019.
No. 19-0262/AR. U.S. v. Quantrell
L. Anderson.
CCA
20170158. Appellant's motion to submit matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982)
is granted.
No. 19-0362/MC. U.S. v. Kristopher B. Richardson. CCA 201900028. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to July 22, 2019.
Mandate Issued
No. 19-0206/AF. U.S. v. James A. McGriff
II. CCA 39306.
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