UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 31, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0323/AR. U.S. v. Gregory D. Freeman. CCA 20170103.

No. 19-0324/AR. U.S. v. Joseph W. Smith. CCA 20180047.

No. 19-0325/AR. U.S. v. William T. Barksdale III. CCA 20170090.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0118/AR. U.S. v. John T. Long. CCA 20150160. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is noted that the Court of Criminal Appeals affirmed three findings of guilty, set aside and dismissed two findings of guilty, set aside seven findings of guilty and the sentence, and authorized a rehearing. Under Article 67(c), Uniform Code of Military Justice, 10 U.S.C. 867 (2012), this Court has jurisdiction to consider the petition. However, given the possibility of a rehearing, the petition is not ripe for review at this time. Accordingly, it is ordered that the petition for grant of review is dismissed without prejudice to Appellant's right to raise the matters asserted during the normal course of appellate review.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 30, 2019

 

Petition for Grant of Review Filed

 

No. 19-0322/AF. U.S. v. Alfredo J. Gonzales. CCA 39220.

 

Petition for Grant of Review Denied

 

No. 18-0317/AR. U.S. v. Bradley E. Manning (nka Chelsea E. Manning). CCA 20130739.

 

Miscellaneous Docket - Summary Disposition

 

No. 19-0195/AR. Richard J. Ramsey v. U.S. CCA 20190001. On consideration of the Petitioner's pro se submission dated April 17, 2019, which the Court construes as a motion for leave to file a reply out of time, it is ordered:

 

That this Court's order dated April 2, 2019 denying the writ-appeal petition is vacated;

 

That the motion for leave to file a reply out of time is granted; and

 

That the writ-appeal petition is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 29, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0319/AF. U.S. v. Michael J. Crowe. CCA 39519.

No. 19-0320/AR. U.S. v. Alexander L. Guenther. CCA 20180359.

No. 19-0321/AR. U.S. v. Jason A. Lopez. CCA 20170386.

 

Petitions for Grant of Review Denied

 

No. 19-0159/AR. U.S. v. Shyhiem M. Townsend. CCA 20170651.

No. 19-0238/AR. U.S. v. Adam J. Myer. CCA 20160490.

 

Interlocutory Orders

 

No. 18-0308/AR. U.S. v. Cedric L. McDonald. CCA 20160339. On consideration of Appellant's petition for reconsideration of this Court's opinion in United States v. McDonald, __ M.J. __ (C.A.A.F. 2019), the motion of the United States Army Trial Defense Service (USATDS) for leave to appear pro hac vice, and the motions of USATDS, counsel for Lieutenant Jacob A Patrick, U.S. Navy, and "Interested Military Justice Practitioners" (IMJP), to file amicus curiae briefs in support of Appellant, it is ordered that the motion to appear pro hac vice is granted, and the motions for leave to file amicus curiae briefs are granted as to USATDS and LT Patrick, that the motion for leave to file an amicus curiae brief is denied as out of time as to IMJP, that the petition for reconsideration is hereby denied, and that the mandate issue forthwith.

 

No. 19-0143/AR. U.S. v. Corey N. Wall. CCA 20160235. Appellant's motion to extend time to file a brief and a joint appendix is granted to June 12, 2019.

 

No. 19-0236/AR. U.S. v. Travis Hernandez. CCA 20160558. Appellant's motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 19-0247/AR. U.S. v. Ryan F. Barrett. CCA 20170354. Appellee's motion to file a 10-day letter out of time is denied.

 

No. 19-0276/AR. U.S. v. Dalton C. Czaiczynski. CCA 20170309. Appellant's motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 19-0284/AR. U.S. v. Rohan H. Green. CCA 20170271. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to June 12, 2019.

 

No. 19-0286/AR. U.S. v. Joshua D. White. CCA 20170147. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to June 13, 2019.

 

No. 19-0315/AR. U.S. v. Justin P. Lewis. CCA 20180143. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 18, 2019.

 

No. 19-0317/AR. U.S. v. Francis L. Brunetta. CCA 20160697. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 17, 2019.

 

No. 19-0318/AR. U.S. v. Drake S. McAninch. CCA 20170091. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 17, 2019.

 

No. 19-0319/AF. U.S. v. Michael J. Crowe. CCA 39519. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 18, 2019.

 

Mandate Issued

 

No. 18-0308/AR. U.S. v. Cedric L. McDonald. CCA 20160339.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 28, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0316/AF. U.S. v. Jeffrey A. Ramsdell. CCA 39533.

No. 19-0317/AR. U.S. v. Francis L. Brunetta. CCA 20160697.

No. 19-0318/AR. U.S. v. Drake S. McAninch. CCA 20170091.

 

Petitions for Grant of Review Denied

 

No. 19-0237/AF. U.S. v. Vincell D. Shadricks. CCA 39351.

No. 19-0253/AR. U.S. v. Christopher A. Ocasio-Rivera. CCA 20180167.

No. 19-0271/AR. U.S. v. Jay G. Guerrero. CCA 20180384.

No. 19-0273/AR. U.S. v. Jordan J. Carroll. CCA 20180147.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 24, 2019

 

Petition for Grant of Review Filed

 

No. 19-0315/AR. U.S. v. Justin P. Lewis. CCA 20180143.

 

Interlocutory Order

 

No. 19-0283/AR. U.S. v. Andrew D. Steele. CCA 20170303. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to June 4, 2019.

 

Mandate Issued

 

No. 18-0339/AF. U.S. v. Scott A. Meakin. CCA 38968.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 23, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0313/AR. U.S. v. Michael S. Lutz. CCA 20180358.

No. 19-0314/AR. U.S. v. Paul Jackson III. CCA 20180099.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0157/AR. U.S. v. Richard M. Camacho. CCA 20140495. On consideration of Appellant's petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that the Court of Criminal Appeals set aside the findings of guilty for Specifications 1 and 5 of Charge III and dismissed those specifications. Because these were the only two guilty findings under that charge, the Court of Criminal Appeals should have set aside the guilty finding to Charge III as well but failed to do so.

 

It is ordered that said petition is granted and the finding of guilty as to Charge III is set aside and that charge is dismissed. The decision of the United States Army Court of Criminal Appeals is affirmed in all other respects.

 

Interlocutory Orders

 

No. 19-0212/AR. U.S. v. Patrick B. Teer. CCA 20170601. Appellee's motion to extend time to file a Court-ordered response, it is ordered that the motion is granted to June 3, 2019.

 

No. 19-0309/AF. U.S. v. David W. Bruno. CCA 39421. 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 June 12, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 22, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0309/AF. U.S. v. David W. Bruno. CCA 39421.

No. 19-0310/AR. U.S. v. Dajuan R. Black. CCA 20180282.

No. 19-0311/AR. U.S. v. Berny A. Alexandre. CCA 20170596.

No. 19-0312/AR. U.S. v. Austin J. Hood. CCA 20180614.

 

Hearings

 

No. 19-0087/AR. U.S. v. Deontray D. Coleman. CCA 20170013.

Nos. 19-0119/AF & 19-0197/AF. U.S. v. Ralph J. Hyppolite, II. CCA 39358.

 

Petition for Reconsideration Denied

 

No. 19-0106/AF. U.S. v. Marcus A. Mancini. CCA 38783. On consideration of Appellant's petition for reconsideration of this Court's order issued April 17, 2019, it is ordered that the petition for reconsideration is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 21, 2019

 

Petition for Grant of Review Denied

 

No. 19-0064/AR. U.S. v. Trevor Wright. CCA 20170541.

 

Interlocutory Orders

 

No. 19-0279/AR. U.S. v. Nicholas A. Yancey. CCA 20120393. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 30, 2019.

 

No. 19-0304/AR. U.S. v. Dean T. Abercrombie. CCA 20170189. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 10, 2019.

 

No. 19-0306/AR. U.S. v. Gene R. Rouse. CCA 20170192. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 10, 2019.

 

No. 19-0307/AR. U.S. v. Nicholas S. Marcum. CCA 20150500. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 10, 2019.

 

No. 19-0308/AR. U.S. v. Christopher S. Berger. CCA 20170232. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 10, 2019.

 

Hearings

 

No. 19-0050/AR. U.S. v. Luke D. English. CCA 20160510.

No. 19-0066/AR. U.S. v. Jeremy N. Navarette. CCA 20160786.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 20, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0307/AR. U.S. v. Nicholas S. Marcum. CCA 20150500.

No. 19-0308/AR. U.S. v. Christopher S. Berger. CCA 20170232.

 

Petitions for Grant of Review Denied

 

No. 19-0089/AR. U.S. v. Annelyntherese I. Turner. CCA 20160328.

No. 19-0182/AR. U.S. v. Jonah Hansen. CCA 20170430.

No. 19-0196/AR. U.S. v. Alejandro Nunez. CCA 20170403.

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

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

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

No. 19-0239/AR. U.S. v. Kelvin D. Smothers. CCA 20170316.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 17, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0304/AR. U.S. v. Dean T. Abercrombie. CCA 20170189.

No. 19-0305/AR. U.S. v. Noah A. Yusufi. CCA 20170543.

No. 19-0306/AR. U.S. v. Gene R. Rouse. CCA 20170192.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 16, 2019

 

Petition for Grant of Review Denied

 

No. 19-0266/AR. U.S. v. Gerald D. Arno. CCA 20180699.

 

Interlocutory Orders

 

No. 19-0066/AR. U.S. v. Jeremy N. Navarette. CCA 20160786. Appellant's motion to attach documents is denied.

 

No. 19-0266/AR. U.S. v. Gerald D. Arno. CCA 20180699. On consideration of the 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, and Appellant's motion to stay the proceedings, it is ordered that Appellant's motion to stay the trial proceedings is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 15, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0301/AR. U.S. v. Daniel M. Davis. CCA 20180203.

No. 19-0302/AR. U.S. v. David E. Straw. CCA 20180308.

 

Petition for New Trial Filed

 

No. 19-0303/AR. U.S. v. Samuel R. Wiles. CCA 20170246. Notice is hereby given that in conformity with Article 73, UCMJ, the Judge Advocate General of the Army has referred a pro se petition for a new trial, which has been filed under Rule 29 this date.

 

Petitioner is a party known to the Court to be represented by counsel in the pending petition for grant of review docketed by this Court on April 8, 2019, under docket number 19-0246/AR.

 

In accordance with Rule 29(c), Petitioner will file a brief in support of said petition on or before the 17th day of June, 2019, and Respondent will answer.

 

Interlocutory Order

 

No. 19-0139/AR. U.S. v. Alan S. Guardado. CCA 20140014. Appellant's motion to extend time to file a brief is granted to June 18, 2019.

 

Petition for Reconsideration Denied

 

No. 19-0053/AR. Nidal M. Hasan v. U.S. CCA 20130781. Appellant's petition for reconsideration of this Court's order issued April 18, 2019 is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 14, 2019

 

Interlocutory Orders

 

No. 19-0262/AR. U.S. v. Quantrell L. Anderson. CCA 20170158. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 28, 2019.

 

No. 19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 3, 2019.

 

No. 19-0298/AR. U.S. v. David M. Finch. CCA 20170501. Appellant's motion to extend time to file the supplement to the petition for grant of review on is granted to May 30, 2019.

 

No. 19-0299/AR. U.S. v. Duane M. Amalong. CCA 20170505. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 3, 2019.

 

No. 19-0300/MC. U.S. v. Christopher E. Jennings. CCA 201700241. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 3, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 13, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0299/AR. U.S. v. Duane M. Amalong. CCA 20170505.

No. 19-0300/MC. U.S. v. Christopher E. Jennings. CCA 201700241.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 10, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0295/AR. U.S. v. Wayne C. Munro. CCA 20180229.

No. 19-0296/AR. U.S. v. Rondell A. Hilliard. CCA 20170377.

No. 19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363.

No. 19-0298/AR. U.S. v. David M. Finch. CCA 20170501.

 

Mandate Issued

 

No. 18-0365/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 9, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0292/AF. U.S. v. Anthony B. Patron. CCA 39375.

No. 19-0293/AF. U.S. v. Quyen Q. Tran. CCA 39372.

No. 19-0294/AR. U.S. v. Corey D. Porter. CCA 20160253.

 

Interlocutory Orders

 

No. 19-0086/NA. U.S. v. Pedro M. Bess, Jr. CCA 201300311. Appellant's motion to extend time to file a brief and a joint appendix is granted to June 19, 2019.

 

No. 19-0291/AF. U.S. v. Cory D. Phillips. CCA 38771. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 29, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 8, 2019

 

Petition for Grant of Review Filed

 

No. 19-0291/AF. U.S. v. Cory D. Phillips. CCA 38771.

 

Interlocutory Orders

 

No. 19-0192/AR. U.S. v. Lamont S. Jessie. CCA 20160187. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 19-0209/AR. U.S. v. Steven E. Hill. CCA 20120979. Appellant's pro se motion for an extension of time to file a brief is denied.

 

No. 19-0212/AR. U.S. v. Patrick B. Teer. CCA 20170601. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals and the pleadings filed in the case, it is ordered that Appellee will file a substantive answer to the following issue personally raised by Appellant:

 

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.

 

Appellee's answer will be filed within 15 days of the date of this order. A reply may be filed by Appellant within 5 days of Appellee's answer.

 

No. 19-0229/AR. U.S. v. Brandon L. Deason. CCA 20150674. Appellant's motion to withdraw the petition for grant of review is granted, and the petition for grant of review is withdrawn.

 

No. 19-0233/AR. U.S. v. Mikel K.W. Tillman. CCA 20160449. Appellant's motion to file the supplement to the petition for grant of review and matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), under seal is granted.

 

No. 19-0290/AR. U.S. v. Michael D. Miller. CCA 20180023. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 28, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 7, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0288/AF. U.S. v. Michael A. Gans. CCA 39321.

No. 19-0289/AR. U.S. v. Tyrhon A. Lewis. CCA 20180498.

No. 19-0290/AR. U.S. v. Michael D. Miller. CCA 20180023.

 

Interlocutory Orders

 

No. 19-0249/AR. U.S. v. Andrew W. Bowhall. CCA 20170357. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 21, 2019.

 

No. 19-0252/AR. U.S. v. Tyler Washington. CCA 20170329. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 21, 2019.

 

No. 19-0261/CG. U.S. v. Matthew A. Rogers. CCA 1391. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 29, 2019.

 

No. 19-0266/AR. U.S. v. Gerald D. Arno. CCA 20180699. Appellee's motion out of time to extend time to file an answer to the supplement to the petition for grant of review granted to May 8, 2019.

 

No. 19-0283/AR. U.S. v. Andrew D. Steele. CCA 20170303. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 24, 2019.

 

No. 19-0284/AR. U.S. v. Rohan H. Green. CCA 20170271. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 29, 2019.

 

No. 19-0285/NA. U.S. v. Antonio Olivares. CCA 201800125. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 29, 2019.

 

No. 19-0286/AR. U.S. v. Joshua D. White. CCA 20170147. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 29, 2019.

 

Petitions for Reconsideration Denied

 

No. 19-0146/AF. U.S. v. James L. Donoho. CCA 39242. Appellant's petition for reconsideration of this Court's order issued April 8, 2019 is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 6, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0285/NA. U.S. v. Antonio Olivares. CCA 201800125.

No. 19-0286/AR. U.S. v. Joshua D. White. CCA 20170147.

No. 19-0287/AR. U.S. v. Trevan M. Forrest. CCA 20180253.

 

Petitions for Grant of Review Denied

 

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

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

No. 19-0241/AF. U.S. v. Jonathan C. Goergen. CCA S32516.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 3, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0283/AR. U.S. v. Andrew D. Steele. CCA 20170303.

No. 19-0284/AR. U.S. v. Rohan H. Green. CCA 20170271.

 

Petitions for Grant of Review Denied

 

No. 19-0176/AR. U.S. v. Destro M. Dela Pena. CCA 20170534.

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

No. 19-0235/AR. U.S. v. Tony S. Springer. CCA 20170662.

 

Interlocutory Orders

 

No. 19-0281/AF. U.S. v. Thomas S. MacDougall III. CCA 39476. Appellant's motion to extend time to file a supplement to the petition for grant of review is granted to May 23, 2019.

 

No. 19-0282/AR. U.S. v. Irvin V. Moore, Jr. CCA 20170487. Appellant's motion to extend time to file a supplement to the petition for grant of review is granted to May 23, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 2, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0281/AF. U.S. v. Thomas S. MacDougall III. CCA 39476.

No. 19-0282/AR. U.S. v. Irvin V. Moore, Jr. CCA 20170487.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 1, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0135/AF. U.S. v. William R. Jones. CCA 39292.

No. 19-0191/AR. U.S. v. Francisco C. Lara. CCA 20170025.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0155/AR. U.S. v. Daniel I. Avila. CCA 20160200. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is noted that the Court of Criminal Appeals issued its decision before this Court's decision in United States v. Kohlbek, 78 M.J. 326 (C.A.A.F. 2019). Accordingly, it is ordered that said petition is granted on the following issue:

 

IN LIGHT OF UNITED STATES v. KOHLBEK, 78 M.J. 326 (C.A.A.F. 2019), WHETHER THE MILITARY JUDGE ERRED BY PROHIBITING THE ADMISSION OF ANY POLYGRAPH EVIDENCE THEREBY PREVENTING APPELLANT FROM FULLY EXPLAINING A FALSE CONFESSION AND FROM IMPEACHING THE POLYGRAPH EXAMINER WHO SUBSEQUENTLY TESTIFIED ON THE MERITS.

 

The decision of the United States Army Court of Criminal Appeals is reversed as to Charge I and Specifications 1 and 2 thereunder and as to the sentence, but is affirmed in all other respects. The record of trial is returned to the Judge Advocate General of the Army for remand to that court for further appellate review of the granted issue pursuant to 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.

 

Order Granting Petition for Review

 

No. 19-0178/AR. U.S. v. Robert J. Rice. CCA 20160695. 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 DOUBLE JEOPARDY CLAUSE OF THE FIFTH AMENDMENT REQUIRES DISMISSAL OF APPELLANT'S CONVICTIONS.

 

Briefs will be filed under C.A.A.F. R. 25.

 

Petitions for Reconsideration Denied

 

No. 19-0054/AR. Nidal M. Hasan v. U.S. CCA 20130781. Appellant's petition for reconsideration of this Court's order issued April 2, 2019 is denied.

 

No. 19-0094/AR. U.S. v. Carl L. Campbell. CCA 20160215. Appellant's petition for reconsideration of this Court's order issued April 4, 2019 is denied.



Home Page |  Opinions & Digest  |  Daily Journal  |  Scheduled Hearings  |  Search Site