UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 28, 2019
Petitions for Grant of Review Filed
No.
19-0360/AR. U.S. v. Kathryn L. Hopkins. CCA 20180317.
No.
19-0361/AR. U.S. v. James M. Mikolajczyk. CCA
20180035.
No.
19-0362/MC. U.S. v. Kristopher B. Richardson. CCA 201900028.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 26, 2019
Petition for Grant of Review Filed
No.
19-0359/AR. U.S. v. Eric A. Spitale. CCA 20170128.
Court Closure
By order of the Chief Judge, the
United States Court of Appeals for the Armed Forces will be closed all day on
Friday, July 5, 2019, in observance of Independence Day.
For purposes of computation of time
and motions to enlarge time under the Court's Rules of Practice and Procedure, July
5, 2019, will be considered a day when the Court is officially closed.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 25, 2019
Petitions for Grant of Review Filed
No. 19-0356/AR. U.S. v. Michael J. Mansfield. CCA 20180422.
No. 19-0357/AR. U.S. v. Brendan J. Tellez. CCA 20190019.
No. 19-0358/AF. U.S. v. Joshua A. Sloan.
CCA 39500.
Interlocutory Orders
No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellant's
motion to extend time to file a reply brief is granted to July 15, 2019.
No. 19-0354/AF. U.S. v. Homaira Khalji. CCA 39304.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to July 15, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 24, 2019
Petitions for Grant of Review Filed
No. 19-0350/AR. U.S. v. Herbert Jason L. Parr. CCA 20180153.
No. 19-0351/AR. U.S. v. Jarell
L. Kelley.
CCA
20180520.
No. 19-0352/MC. U.S. v. Andrew J. Deleon. CCA 201800365.
No. 19-0353/MC. U.S. v. Johnny Sanchez. CCA 201900004.
No. 19-0354/AF. U.S. v. Homaira Khalji. CCA 39304.
No. 19-0355/AR. U.S. v. Michael A. Parks. CCA 20190014.
Petitions for Grant of Review Denied
No. 19-0265/AR. U.S. v. Kevin L. Smith. CCA 20180190.
No. 19-0268/AF. U.S. v. Jacob Cook.
CCA 39367.
No. 19-0277/MC. U.S. v. Raymond W. Begay. CCA 201800332.
No. 19-0312/AR. U.S. v. Austin J. Hood. CCA 20180614.
Interlocutory Orders
No. 19-0245/AR. U.S. v. Erik J. Burris. CCA 20150047. Appellant's
motion to file matters pursuant to United
States v. Grostefon, 12 M.J.
431 (C.M.A. 1982) is granted.
No. 19-0323/AR. U.S. v. Gregory D. Freeman. CCA 20170103. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review is granted to July 9, 2019.
No. 19-0324/AR. U.S. v. Joseph W. Smith. CCA 20180047. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review is granted to July 9, 2019.
No. 19-0346/AR. U.S. v. Kelvin D. Peebles. CCA 20170044. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to July 15, 2019.
No. 19-0349/MC. U.S. v. Keaton J. McCasland. CCA 201700314. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to July 15, 2019.
No. 19-0350/AR. U.S. v. Herbert Jason L. Parr. CCA 20180153. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to July 15, 2019.
Mandates Issued
No. 18-0305/AR. U.S. v. Michael C. Gleason. CCA 20150379.
No. 18-0347/AR. U.S. v. Michael J. Gonzales. CCA 20130849.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 21, 2019
Petitions for Grant of Review Filed
No. 19-0347/AR. U.S. v. Joseph X. Perez. CCA 20160763.
No. 19-0348/NA. U.S. v. Johnny L. Tharpe. CCA 881475.
No. 19-0349/MC. U.S. v. Keaton J. McCasland. CCA 201700314.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 20, 2019
Petitions for Grant of Review Filed
No. 19-0342/AF. U.S. v. Raymond B.
Pfeiffer. CCA 39575.
No. 19-0343/AR. U.S. v. Joseph P. Robinson. CCA 20160773.
No. 19-0344/AR. U.S. v. Rafael J. Lugo, Jr. CCA 20180115.
No. 19-0346/AR. U.S. v. Kelvin D. Peebles. CCA 20170044.
Petition for Grant of Review - Summary
Disposition
No. 19-0212/AR. U.S.
v. Patrick B. Teer. CCA 20170601. On consideration of Appellant's petition for
grant of review of the decision of the United States Army Court of Criminal
Appeals, Appellee's motion to remand, and Appellant's
motion to supplement the record, it is ordered that said petition is granted on
the following personally asserted 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 motion to remand is granted, that the motion to supplement the record is
denied without prejudice to raising the matter before the United States Army
Court of Criminal Appeals, and 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.
Appeal - Summary Disposition
No. 18-0251/NA. U.S. v. Austin T. Greening. CCA 201700040. On further
consideration of the granted issue, 78 M.J. 61 (C.A.A.F. 2018), and in view of Gamble v. United States, __ S. Ct. __ (2019), No. 17-646, 2019 U.S.
LEXIS 4173, 2019 WL 2493923 (June 17, 2019), it is ordered that the decision of
the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.
Interlocutory Order
No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellee's motion for leave to file a brief in excess of
the page limitations is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday, June 19, 2019
Certificate for Review Filed
No. 19-0345/AF. U.S. v. Humphrey Daniels III. CCA 39407. 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, together with a motion for summary
disposition, motion to suspend Court's Rules, and motion to dispense with
requirements to file a joint appendix on this date on the following issue:
WHETHER
THE AIR FORCE'S PROSECUTION OF APPELLEE FOR RAPE IS BARRED BY THE APPLICABLE
LIMITATIONS PROVISION OF THE UNIFORM CODE OF MILITARY JUSTICE.
Further
action on the certificate shall be held in abeyance pending the Court's final
action on the motions.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 18, 2019
Petition for Grant of Review Filed
No. 19-0341/AR. U.S. v. Michael J. Ballesteros. CCA 20170652.
Petition for Grant of Review Denied
No. 19-0234/AR. U.S. v. Jordan T. Rodriguez. CCA 20160787.
Appeals — Summary Dispositions
No. 19-0051/AR. U.S.
v. Korey B. Kangich. CCA 20170170. On consideration of
the granted issue, 78 M.J. 304 (C.A.A.F.
2019), the judgment of the United States Army Court of Criminal Appeals, United States v. Kangich,
No. 20170170 (A. Ct. Crim. App. Sep 27, 2018) (unpublished), and the opinion of
this Court in United States v. McDonald,
__ M.J. __ (C.A.A.F. Apr.
17, 2019), we conclude that because the affirmative defense of mistake of fact
as to consent applies only if the mistake is reasonable as well as honestly
held, the military judge did not err. Therefore, it is ordered that the
judgment of the United States Army Court of Criminal Appeals is affirmed.
No. 19-0104/AR. U.S.
v. Nicholas E. Davis. CCA 20160069. On consideration of the granted issue, __M.J. __ (C.A.A.F. 2019), the
opinion of the United States Army Court of Criminal Appeals, United States v. Davis, No. 20160069 (A.
Ct. Crim. App. Aug. 16, 2018) (unpublished), and the opinion of this Court in United States v. McDonald, __ M.J. __ (C.A.A.F. Apr. 17, 2019),
we conclude that the military judge did not err in instructing the court
members that for the affirmative defense of mistake of fact as to consent to
apply, the mistake must have been reasonable as well as honestly held.
Therefore, it is ordered that the judgment of the United States Army Court of
Criminal Appeals is hereby affirmed.
Interlocutory Orders
No. 19-0318/AR. U.S. v. Drake S. McAninch. CCA 20170091. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review is granted to June 24, 2019.
No. 19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to July 8, 2019.
No. 19-0340/AF. U.S. v. Jason J. Lundby. CCA 32500. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to July 8, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 17, 2019
Petitions for Grant of Review Filed
No. 19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704.
No. 19-0340/AF. U.S. v. Jason J. Lundby. CCA 32500.
Petition for Grant of Review Denied
No. 19-0267/AR. U.S. v. Trumaine
Harrison.
CCA
20180268.
Interlocutory Orders
No. 19-0245/AR. U.S. v. Erik J. Burris. CCA 20150047. Appellant's
motion for an enlargement of time to raise matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982)
is granted to June 20, 2019.
No. 19-0337/AF. U.S. v. Evan G. Smith.
CCA 38943.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to July 8, 2019.
No. 19-0338/NA. U.S. v. Edward C. Lin. CCA 201700303. Appellant's motion to extend time to
file the supplement to the petition for grant of review is granted to July
8, 2019.
Mandates Issued
No. 18-0371/AR. U.S. v. Juventino
Tovarchavez. CCA 20150250.
No. 19-0109/AR. U.S. v. Joshua D. Lewis. CCA 20180260.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 14, 2019
Petitions for Grant of Review Filed
No. 19-0336/AF. U.S. v. LT Moore III.
CCA 39348.
No. 19-0337/AF. U.S. v. Evan G. Smith.
CCA 38943.
No. 19-0338/NA. U.S. v. Edward C. Lin. CCA 201700303.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 13, 2019
Petition for Grant of Review Filed
No. 19-0335/AR. U.S. v. Rene G. Fuentes. CCA 20170390.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 12, 2019
Petitions for Grant of Review Denied
No. 19-0215/AR. U.S. v. Erick A. Navarro. CCA 20160673.
No. 19-0236/AR. U.S. v. Travis Hernandez. CCA 20160558.
No. 19-0275/AR. U.S. v. Adam C. Lautenschlager. CCA 20180154.
No. 19-0288/AF. U.S. v. Michael A. Gans. CCA 39321.
Interlocutory Orders
No. 19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363. Appellant's
third motion to file the supplement to the petition for grant of review is
granted to July 2, 2019, and absent extraordinary circumstances, no further
extension of time will be granted in this case.
No. 19-0300/MC. U.S. v. Christopher E. Jennings. CCA 201700241. Appellant's
motion for leave to file matters pursuant to United v. 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,
June 11, 2019
Interlocutory Orders
No. 19-0284/AR. U.S. v. Rohan
H. Green.
CCA
20170271. Appellant's third motion to extend time to file the supplement
to the petition for grant of review is granted to June 19, 2019, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 19-0331/AR. U.S. v. Isiah
K. Hall.
CCA
20160644. Appellant's motion to extend time to file the supplement to
the petition for grant of review is granted to June 28, 2019.
No. 19-0332/AR. U.S. v. Ryan E. Mannan. CCA 20170096. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 1, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 10, 2019
Petitions for Grant of Review Filed
No. 19-0332/AR. U.S. v. Ryan E. Mannan. CCA 20170096.
No. 19-0333/AR. U.S. v. Kyle R. Forte. CCA 20190078.
No. 19-0334/AR. U.S. v. Jerad
Q. Pergande. CCA 20180406.
Petitions for Grant of Review Denied
No. 19-0256/AR. U.S. v. Joseph N. Brooks, Jr. CCA 20180140.
No. 19-0258/AR. U.S. v. Luis A. Izquierdoolea. CCA 20180398.
No. 19-0287/AR. U.S. v. Trevan
M. Forrest.
CCA
20180253.
No. 19-0289/AR. U.S. v. Tyrhon
A. Lewis.
CCA
20180498.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 7, 2019
Petitions for Grant of Review Filed
No. 19-0328/AR. U.S. v. Demetrius J. Ruffin. CCA 20180479.
No. 19-0329/AR. U.S. v. Teitus
A. Tanihu. CCA 20180593.
No. 19-0330/AR. U.S. v. Vincent A. Acosta. CCA 20180517.
No. 19-0331/AR. U.S. v. Isiah
K. Hall.
CCA
20160644.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 6, 2019
Petition for Grant of Review Denied
No. 19-0221/AR. U.S. v. Jarryn
C. Thompson.
CCA
20170150.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 5, 2019
Petitions for Grant of Review Denied
No. 19-0149/AF. U.S. v. Nikolas L. Gault. CCA 39368.
No. 19-0164/NA. U.S. v. Chester N.
McDonald. CCA 201700172.
No. 19-0181/AR. U.S. v. Lazaro
J. Rodriguez.
CCA
20160799.
No. 19-0184/AR. U.S. v. Kaleb
M. Gavino. CCA 20180173.
No. 19-0231/AF. U.S. v. Jesse L. Brazell. CCA 39325.
No. 19-0240/NA. U.S. v. Hugo J. Spinoza.
CCA
201700236. *
* It is directed that the Clerk seal the MRE 412
materials (pages 41-90 and 616-17 of the record and Appellate Exhibits VI, VII,
XV, XVI, and LVI).
Petition for Grant of Review - Summary
Disposition
No. 19-0235/AR. U.S.
v. Tony S. Springer. CCA 20170662. On consideration of the motion to file a petition for
reconsideration out of time and the accompanying petition for reconsideration
of this Court's Order issued on May 3, 2019, it is ordered that said motion is
granted, that the petition for reconsideration is granted, that the Order of
May 3, 2019, denying the petition for grant of review is vacated, and that the petition
for grant of review is granted on the following 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.
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.
Interlocutory Orders
No. 19-0240/NA. U.S. v. Hugo J. Spinoza.
CCA
201700236. On consideration of the motion filed by Major Maryann N.
McGuire to withdraw as appellate defense counsel, it appears that the Judge
Advocate General has assigned another counsel to represent Appellant and that
the new attorney has assumed the representation of said Appellant. Accordingly,
it is ordered that said motion is granted.
No. 19-0285/NA. U.S. v. Antonio Olivares.
CCA
201800125. On consideration of the motion filed by Major Maryann N.
McGuire to withdraw as appellate defense counsel, it appears that the Judge
Advocate General has assigned another counsel to represent Appellant and that
the new attorney has assumed the representation of said Appellant. Accordingly,
it is ordered that said motion is granted.
No. 19-0326/AF. U.S. v. Benjamin L. Hann. CCA 39374. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to June 25, 2019.
No. 19-0327/AF. U.S. v. Christopher W. Fenderson. CCA 39343. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to June 25, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 4, 2019
Petition for Grant of Review Filed
No. 19-0327/AF. U.S. v. Christopher W. Fenderson. CCA 39343.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 3, 2019
Petition for Grant of Review Filed
No. 19-0326/AF. U.S. v. Benjamin L. Hann. CCA 39374.
Petitions for Grant of Review Denied
No. 19-0244/AF. U.S. v. Joseph D. Roman.
CCA 39381.
No. 19-0264/AR. U.S. v. Christian J. Corona. CCA 20180049.
No. 19-0278/AR. U.S. v. Ke'Aira
S. Conley.
CCA
20170560.
No. 19-0280/AR. U.S. v. Matthew M. How. CCA 22180461.
No. 19-0281/AF. U.S. v. Thomas S.
MacDougall III. CCA 39476.
Interlocutory Orders
No. 19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review is granted to June 18, 2019.
No. 19-0322/AF. U.S. v. Alfredo J.
Gonzales. CCA 39220. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to June 24, 2019.
No. 19-0323/AR. U.S. v. Gregory D. Freeman. CCA 20170103. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to June 24, 2019.
No. 19-0324/AR. U.S. v. Joseph W. Smith. CCA 20180047. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to June 24, 2019.
Mandate Issued
No. 18-0364/AR. U.S. v. Michael E. Harris. CCA 20170100.
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