UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 29, 2019

 

Petition for Grant of Review Filed

 

No. 19-0232/AF. U.S. v. Jaime R. Rodriguez. CCA 38519.

 

Petitions for Grant of Review Denied

 

No. 19-0103/AR. U.S. v. Terence K. Taylor, Jr. CCA 20160744.

No. 19-0123/AR. U.S. v. Lawrence P. Muscat. CCA 20160534.

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

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0110/AR. U.S. v. Robert T. Palms. CCA 20150830. 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 to accurately reflect the finding to Specification 3 of Charge I was 'Guilty' (with footnote 3) as opposed to 'Dismissed' (with footnote 3)."




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 28, 2019

 

Petition for Grant of Review Filed

 

No. 19-0231/AF. U.S. v. Jesse L. Brazell. CCA 39325.

 

Interlocutory Orders

 

No. 19-0160/AR. U.S. v. Tevin J. Long. CCA 20170252. On consideration of Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that the motion is granted.

 

No. 19-0192/AR. U.S. v. Lamont S. Jessie. CCA 20160187. 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 April 5, 2019; and that, absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 19-0230/AF. U.S. v. Jordan R. Muller. CCA 39323. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review it is ordered that the motion is granted to April 17, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 27, 2019

 

Petition for Grant of Review Filed

 

No. 19-0230/AF. U.S. v. Jordan R. Muller. CCA 39323.

 

Petitions for Grant of Review Denied

 

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

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

 

Interlocutory Orders

 

No. 19-0158/AR. U.S. v. Malcolm R. Turner. CCA 20160131. Appellant's motion for leave to exceed page limitation is denied. Appellant will file a supplement to the petition for grant of review that complies with Rule 21(b) on or before April 8, 2019.

 

No. 19-0165/AR. U.S. v. Timothy R. Brown. CCA 20180056. Appellant's motion for leave to file the supplement to the petition for grant of review out of time is granted.

 

No. 19-0227/AR. U.S. v. Sandy D. Stevens. CCA 20180206. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 15, 2019.

 

No. 19-0229/AR. U.S. v. Brandon L. Deason. CCA 20150674. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 15, 2019.

 

Hearings

 

No. 19-0109/AR. U.S. v. Joshua D. Lewis. CCA 20180260.

No. 19-0054/AR. Nidal M. Hasan v. U.S. CCA 20130781.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 26, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0227/AR. U.S. v. Sandy D. Stevens. CCA 20180206.

No. 19-0228/AF. U.S. v. Michelle M. Rodgers. CCA S32533.

No. 19-0229/AR. U.S. v. Brandon L. Deason. CCA 20150674.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0202/MC. U.S. v. Julian A. Cox. CCA 201700197. Appellant's motion to withdraw the petition for grant of review is granted, and the petition for grant for of review is withdrawn.

 

Miscellaneous Docket - Filing

 

No. 19-0052/AF. Richard D. Collins, Petitioner v. Dr. Heather Wilson, Secretary of the Air Force, and Jeffrey A. Rockwell, Lieutenant General, United States Air Force, Judge Advocate General, and Christopher P. Azzano, Brigadier General, United States Air Force, Commander, Air Force Test Center, and United States, Respondents. CCA 39296. Notice is given that a petition for extraordinary relief in the nature of a writ of mandamus or in the alternative, a writ of habeas corpus was filed under Rule 27(a) on this date. The petition is docketed and consolidated with the other matters pending before the Court in United States v. Collins, Docket No. 19-0052/AF.

 

Interlocutory Orders

 

No. 18-0347/AR. Michael J. Gonzales. CCA 20130849. Appellee's motion to supplement the joint appendix is granted.

 

No. 19-0050/AR. U.S. v. Luke D. English. CCA 20160510. Appellant's motion to extend time to file a brief is granted, but only up to and including March 29, 2019, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 19-0226/MC. U.S. v. Mackenzie J. Marasco. CCA 201800213. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 15, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 25, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0224/AR. U.S. v. David S. Lancaster. CCA 20180597.

No. 19-0225/AF. U.S. v. Michael L. Merritt. CCA 39350.

No. 19-0226/MC. U.S. v. Mackenzie J. Marasco. CCA 201800213.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 22, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0221/AR. U.S. v. Jarryn C. Thompson. CCA 20170150.

No. 19-0222/MC. U.S. v. Tyler J. Goodlin. CCA 201800159.

 

Petition for Grant of Review Denied

 

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

 

Miscellaneous Docket - Filing

 

No. 19-0223/AF. Humphrey Daniels III, Petitioner v. Carl Brobst, Commander, Commanding Officer, Naval Consolidated Brig, Charleston, United States Navy, Respondent United States Air Force Court of Criminal Appeals, Respondent and United States of America Real Party in Interest. Notice is given that a petition for extraordinary relief in the nature of a writ of habeas corpus, mandamus, and declaratory judgment and brief in support were filed under Rule 27(a) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 21, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0218/NA. U.S. v. Jacob A. Patrick. CCA 201700178.

No. 19-0219/AR. U.S. v. Roslyn D. Tart. CCA 20180283.

No. 19-0220/AR. U.S. v. Jose Morales. CCA 20170401.

 

Petition for Grant of Review Denied

 

No. 19-0148/AF. U.S. v. Corey A. Bethel. CCA 39293.

 

Interlocutory Orders

 

No. 19-0135/AF. U.S. v. William R. Jones. CCA 39292. Appellant's motion for leave to file an amended supplement to the petition for grant of review is granted. The amended supplement or notice of no intent to file an amended supplement will be filed no later than April 15, 2019.

 

No. 19-0198/NA. U.S. v. Willie C. Jeter. CCA 201700248. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to April 9, 2019.

 

Petition for Reconsideration Denied

 

No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150. Pursuant to Rule 30, Rules of Practice and Procedure, Appellant filed a motion for leave to file a petition for reconsideration of the Court's decision, United States v. Smith, __M.J. __ (C.A.A.F. 2019). We have construed it as a petition for reconsideration pursuant to Rule 31. The petition fails to state any point of law or fact that the Court has overlooked or misapprehended. Instead, it requests the Court reconsider Appellant's case on an issue not previously granted: ineffective assistance of counsel. It is, therefore, ordered that the petition for reconsideration is denied, and the mandate in the above-captioned case be issued forthwith.

 

Mandate Issued

 

No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 20, 2019

 

Petition for Grant of Review Denied

 

No. 19-0113/NA. U.S. v. David J.W. Zoril. CCA 201800009.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 19, 2019

 

Petition for Grant of Review Filed

 

No. 19-0217/AF. U.S. v. Zacarie J. Tanner. CCA 39301.

 

Petition for Grant of Review Denied

 

No. 19-0112/AF. U.S. v. Kamron R. Rameshk. CCA 39319. 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 the petition is denied.

 

Interlocutory Orders

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. On consideration of Appellee's motion to extend time to file a brief, it is ordered that the motion is granted to June 3, 2019.

 

No. 19-0113/NA. U.S. v. David J.W. Zoril. CCA 201800009. On consideration of Appellant's motion to file the supplement to the petition for grant of review out of time, it is ordered that the motion is granted.

 

No. 19-0213/AR. U.S. v. Kory K. Mayers. CCA 20170314. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to April 8, 2019.

 

No. 19-0215/AR. U.S. v. Erick A. Navarro. CCA 20160673. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to April 8, 2019.

 

Mandate Issued

 

No. 18-0135/AF. U.S. v. Darion A. Hamilton. CCA 39085.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 18, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0213/AR. U.S. v. Kory K. Mayers. CCA 20170314.

No. 19-0214/AF. U.S. v. Romel A. Alberson. CCA S32525.

No. 19-0215/AR. U.S. v. Erick A. Navarro. CCA 20160673.

No. 19-0216/AR. U.S. v. Sean J. Dillon. CCA 20160324.

 

Petition for Grant of Review Denied

 

No. 19-0077/AR. U.S. v. Billy J. Smith, Jr. CCA 20160049.

 

Interlocutory Order

 

No. 19-0192/AR. U.S. v. Lamont S. Jessie. CCA 20160187. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to April 1, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 15, 2019

 

Petition for Grant of Review Filed

 

No. 19-0212/AR. U.S. v. Patrick B. Teer. CCA 20170601.

 

Petitions for Grant of Review Denied

 

No. 19-0151/AR. U.S. v. Michael T. Richardson. CCA 20170225.

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

 

Mandate Issued

 

No. 18-0267/AR. U.S. v. Jason A. Kohlbek. CCA 20160427.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 14, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0210/AR. U.S. v. Dasheen M. Perry. CCA 20180274.

No. 19-0211/AR. U.S. v. Troy D. Wagner. CCA 20170424.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 13, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0152/AR. U.S. v. Dennis E. Williams, Jr. CCA 20180182.

No. 19-0154/AR. U.S. v. Matthew T. Brooks. CCA 20180033.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 12, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0208/AF. U.S. v. Robert J. Hernandez. CCA 39346.

 

No. 19-0209/AR. U.S. v. Steven E. Hill. CCA 20120979. Notice is hereby given that a pro se matter, construed by the Court as a petition for grant of review under Rule 20, having been previously docketed and dismissed without prejudice to re-filing with the assistance of counsel, United States v. Hill, 78 M.J. 264 (C.A.A.F. 2018), has again been filed without counsel having been provided and, now joined by what is styled as a petition for the appointment of counsel, has been placed on the docket this date.

 

Petitions for Grant of Review Denied

 

No. 19-0173/AR. U.S. v. John M. Morales. CCA 20170072.

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

 

Appeals Summary Disposition

 

No. 19-0052/AF. U.S. v. Richard D. Collins. CCA 39296. On consideration of the three issues certified by the Judge Advocate General of the Air Force, 78 M.J. 190 (C.A.A.F. 2018), the briefs of the parties, and Appellee's motion to summarily affirm filed on February 26, 2019, and in light United States v. Briggs, __ M.J. __(C.A.A.F. Feb. 22, 2019), it is ordered that the three certified issues are answered in the negative, and the decision of the United States Air Force Court of Criminal Appeals is therefore affirmed. Appellee's motion is denied as moot.

 

Interlocutory Orders

 

No. 19-0206/AF. U.S. v. James A. McGriff II. CCA 39306. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 1, 2019.

 

No. 19-0208/AF. U.S. v. Robert J. Hernandez. CCA 39346. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 1, 2019.

 

Mandate Issued

 

No. 18-0304/NA. U.S. v. Lamar A. Forbes. CCA 201600357.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 11, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0206/AF. U.S. v. James A. McGriff II. CCA 39306.

No. 19-0207/AR. U.S. v. Delbrico J. Robinson. CCA 20180215.

 

Petitions for Grant of Review Denied

 

No. 19-0147/AR. U.S. v. Jacob A. Dearing. CCA 20180294.

No. 19-0150/AR. U.S. v. William A. Collins. CCA 20170032.

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

 

Miscellaneous Docket - Summary Disposition

 

No. 19-0180/AF. Jesse L. Brazell, Appellant v. Cliff J. Uddenberg, Commander, U.S. Navy, Commanding Officer, Naval Consolidated Brig, Miramar, Appellee. CCA 2018-08. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is denied.

 

Interlocutory Orders

 

No. 19-0156/AR. U.S. v. Eric F. Kelly. CCA 20150725. 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 third motion to extend time to file the supplement to the petition for grant of review is granted to March 22, 2019, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 19-0202/MC. U.S. v. Julian A. Cox. CCA 201700197. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 1, 2019.

 

No. 19-0203/AR. U.S. v. Kevin W. Beer. CCA 20160659. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 1, 2019.

 

No. 19-0204/AR. U.S. v. Matthew A. Reyes. CCA 20170198. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 28, 2019.

 

No. 19-0205/NA. U.S. v. Johnnie C. Prater. CCA 201800065. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 1, 2019.

 

Mandate Issued

 

No. 16-0711/AF. U.S. v. Michael J.D. Briggs. CCA 38730.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 8, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0200/AR. U.S. v. Dorian A. Jacobs. CCA 20180361.

No. 19-0201/AR. U.S. v. Alexander E. Denson. CCA 20150137.

No. 19-0202/MC. U.S. v. Julian A. Cox. CCA 201700197.

No. 19-0203/AR. U.S. v. Kevin W. Beer. CCA 20160659.

No. 19-0204/AR. U.S. v. Matthew A. Reyes. CCA 20170198.

No. 19-0205/NA. U.S. v. Johnnie C. Prater. CCA 201800065.

 

Interlocutory Order

 

No. 19-0143/AR. U.S. v. Corey N. Wall. CCA 20160235. 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, March 5, 2019

 

Petition for Grant of Review Filed

 

No. 19-0199/AR. U.S. v. Alan F. Laguna. CCA 20170378.

 

Petition for Grant of Review Denied

 

No. 19-0045/AR. U.S. v. Isaac G. Aguigui. CCA 20140260.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0183/AR. U.S. v. Rondell A. Hilliard. CCA 20170377. Appellant's motion to dismiss the petition for grant of review pending the decision of the reconsideration at the CCA is granted. The petition for grant of review is dismissed without prejudice.

 

Miscellaneous Docket - Summary Disposition

 

No. 19-0179/AR. Mathew T. Whitney, Petitioner v. United States, Respondent. CCA 20150119. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus, it is ordered that the petition is dismissed for lack of jurisdiction.

 

Order Granting Petition for Review

 

No. 19-0109/AR. U.S. v. Joshua D. Lewis. CCA 20180260. On consideration of Appellant's petition for grant of review of the decision of the United States Army Court of Criminal Appeals, on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. 862 (2012), it is ordered that said petition is granted on the following assigned issue:

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE SUPPRESSED APPELLANT'S THIRD STATEMENT AS INVOLUNTARY UNDER MILITARY RULE OF EVIDENCE 304.

 

Pursuant to C.A.A.F. R. 19(a)(7)(A), no further pleadings will be filed.

 

Interlocutory Orders

 

No. 18-0350/CG. U.S. v. Michael R. Rodriguez. CCA 1450. Appellant's motion for leave to file a supplemental joint appendix is granted.

 

No. 19-0142/AR. U.S. v. Andrewio B. Fennell. CCA 20170060. Appellant's motion for leave to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and motion for leave to attach the state court transcript are granted.

 

No. 19-0198/NA. U.S. v. Willie C. Jeter. CCA 201700248. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 25, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 4, 2019

 

Petition for Grant of Review Filed

 

No. 19-0198/NA. U.S. v. Willie C. Jeter. CCA 201700248.

 

Mandate Issued

 

No. 18-0282/NA. U.S. v. Paul E. Cooper. CCA 201500039.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 1, 2019

 

Interlocutory Order

 

18-0317/AR. United States, Appellee v. Bradley E. Manning (nka Chelsea E. Manning), Appellant. CCA 20130739. On consideration of Appellant's petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and the Appellee's answer, it is ordered that with regard to assigned issue II, appellate defense counsel will file an additional supplement on said issue within 20 days of the date of this Order. Appellee may answer within 20 days of the filing of the additional supplement.

 

No. 19-0104/AR. U.S. v. Nicholas E. Davis. CCA 20160069. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

Petitions for Reconsideration Denied

 

No. 18-0353/AR. U.S. v. Calvin R. Gibbs. CCA 20110998. Appellant's petition for reconsideration of this Court's order issued January 30, 2019 is denied.

 

No. 19-0093/AF. James W. Richards IV, Appellant v. Deborah Lee James, Secretary of the United States Air Force, Brian S. Greenroad, Colonel, Commander, Air Force Security Forces Center, and D.L. Hinton, Colonel, Commandant, United States Disciplinary Barracks, Appellees. CCA 2018-07. Appellant's motion for reconsideration of this Court's order issued January 31, 2019 is denied.*

 

* While captioned as a motion for reconsideration, the pleading invokes C.A.A.F. R.31, Petition for Reconsideration, and has been construed by the Court as such.

 

No. 19-0166/AF. James W. Richards IV, Appellant v. Heather Wilson, Secretary of the United States Air Force, Appellee. Appellant's motion for reconsideration of this Court's order issued February 6, 2019 is denied.*

 

* While captioned as a motion for reconsideration, the pleading invokes C.A.A.F. R.31, Petition for Reconsideration, and has been construed by the Court as such.



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