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.
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