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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