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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