UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 26, 2019
Petitions for Grant of Review Filed
No.
20-0054/AR. U.S. v. Matthew S. Counter. CCA 20180453.
No.
20-0055/AR. U.S. v. Jervelous D. Drisdom.
CCA 20180655.
Order Granting Petition for Review
No. 19-0412/AF. U.S. v. Krishil S. Prasad. CCA 39003. 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 said petition is granted on the
following issue:
WHETHER
THE AIR FORCE COURT ERRED IN ITS FIRST REVIEW OF APPELLANT'S CASE BY AFFIRMING
THE FINDINGS OF GUILT FOR SPECIFICATIONS 1 AND 3 OF CHARGE I WHEN IT FOUND
PREJUDICIAL ERROR AS A RESULT OF A HILLS
VIOLATION.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
19-0298/AR. U.S. v. David M. Finch. CCA 20170501. Appellant's motion to concur
with Appellee's transcription of Prosecution Exhibit 3 submitted to the Court
on November 20, 2019 is granted.
No.
20-0036/AR. U.S. v. Daniel I. Avila. CCA 20160200. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to December 10, 2019.
No.
20-0052/AF. U.S. v. Joseph A. Ballard. CCA 39440. Appellant's motion to extend
time to file the supplement to the petition for grant of review granted to
December 16, 2019.
No.
20-0053/NA. U.S. v. Kareem I. Diggs. CCA 201800087. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to December 16, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
November 25, 2019
Petitions for Grant of Review Filed
No.
20-0051/CG. U.S. v. Christopher E. Olsen. CCA 1462.
No.
20-0052/AF. U.S. v. Joseph A. Ballard. CCA 39440.
No.
20-0053/NA. U.S. v. Kareem I. Diggs. CCA 201800087.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
November 22, 2019
Petitions for Grant of Review Filed
No.
20-0049/AR. U.S. v. D'oentravious J. Abner. CCA 20180445.
No.
20-0050/AR. U.S. v. Trenton M. Lawrence. CCA 20180351.
Petitions for Grant of Review Denied
No.
19-0368/AR. U.S. v. Keri L. Davis. CCA 20170561.
No.
20-0016/NA. U.S. v. Ryan C. Arles. CCA 201800045.
No.
20-0025/AF. U.S. v. Joseph M. Yebba. CCA S32519.
Miscellaneous Docket - Summary
Disposition
No.
20-0024/AF. Charles A. Wilson III, Appellant v. The Judge Advocate General of
the Air Force, Appellee. CCA 2019-05. On consideration of the writ-appeal
petition, it is ordered that the petition is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 21, 2019
Interlocutory Orders
No.
19-0298/AR. U.S. v. David M. Finch. CCA 20170501. Appellee's motion to file
documents that comply with the Court's order issued November 14, 2019 is
granted.
No.
20-0033/AR. U.S. v. Thomas Ayala. CCA 20170336. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to December 6, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 20, 2019
Petition for Grant of Review Filed
No.
20-0048/AR. U. S. v. Jonathan R. Tice. CCA 20190053.
Petition for Grant of Review Denied
No.
20-0021/AF. U.S. v. Elis M. Lasalle. CCA 38831.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 19, 2019
Petitions for Grant of Review Filed
No.
20-0045/AR. U.S. v. Andrew C. Goekler. CCA 20180427.
No.
20-0046/AR. U.S. v. Daniel L. Royal. CCA 20180583.
No.
20-0047/AR. U.S. v. Jacob G. Griego. CCA 20160487.
Interlocutory Order
No.
19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. Appellant's motion to
extend time to file a brief and joint appendix is granted to December 20, 2019.
Court Closure
By order of the Chief Judge, the
United States Court of Appeals for the Armed Forces will be closed all day on
Wednesday, November 27, 2019, and Friday, November 29, 2019.
For purposes of computation of
time and motions to enlarge time under the Court's Rules of Practice and
Procedure, November 27, 2019, and November 29, 2019 will be considered days
when the Court is officially closed.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
November 18, 2019
Petitions for Grant of Review Denied
No.
19-0464/AR. U.S. v. Ricardo A. Morales. CCA 20160070.
No.
20-0005/AR. U.S. v. Michael L. Essary, Jr., CCA 20170556.
Petition for Grant of Review - Summary
Disposition
No. 19-0467/AR. U.S. v. Charles E.
Robinson III. CCA 20170536. On consideration of the petition for grant of review of
the decision of the United States Army Court of Criminal Appeals, we note that
the sentence affirmed by the lower court appears not to conform to the terms of
the pretrial agreement. In accordance with C.A.A.F. Rule 30A, it is appropriate
for the Court of Criminal Appeals to consider this issue initially.
Accordingly, it is ordered that said petition is granted on the following
specified issue:
WHETHER
THE CCA ERRED IN AFFIRMING A SENTENCE TO CONFINEMENT FOR LIFE WITHOUT PAROLE
WHERE THE PTA PROVIDED THAT THE CONVENING AUTHORITY WOULD DISAPPROVE ALL
CONFINEMENT IN EXCESS OF 25 YEARS.
The
decision of the United States Army Court of Criminal Appeals is affirmed as to
findings but set aside as to sentence. The case is returned to the Judge
Advocate General for remand to the Court of Criminal Appeals for further review
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 Order
No.
19-0086/NA. U.S. v. Pedro M. Bess, Jr. CCA 201300311. Appellant's motion to
supplement the record filed October 29, 2019 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 14, 2019
Petition for Grant of Review Filed
No.
20-0044/AF. U.S. v. Hunter W. Hackworth. CCA 39473.
Petitions for Grant of Review Denied
No.
19-0346/AR. U.S. v. Kelvin D. Peebles. CCA 20170044.
No.
19-0455/AR. U.S. v. Andrew C. Marrow. CCA 20190081.
No.
19-0462/NA. U.S. v. Joshua S. King, Jr. CCA 201800016.
No.
20-0001/AR. U.S. v. Robert L. Skillern. CCA 20180464.
Interlocutory Order
No.
19-0298/AR. U.S. v. David M. Finch. CCA 20170501. On further consideration of
the granted issue, the briefs of the parties and the matters submitted in the
Joint Appendix, the Court notes that appellate counsel for both sides refer to
Prosecution Exhibit 3. A transcription of this exhibit is required for the
Court's consideration of the granted issue. Accordingly, it is ordered that the
government produce a transcription of the matters contained in Prosecution
Exhibit 3, and that the transcription be filed with this Court on or before
November 21, 2019, that the government provide the transcription to counsel for
Appellant on or before November 21, 2019, and that counsel for Appellant file
with this Court, on or before November 25, 2019, a statement either concurring
in the transcription filed by the government, or a statement identifying
specific areas of disagreement with the transcription.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 13, 2019
Petitions for Grant of Review Filed
No.
20-0042/AR. U.S. v. Latyra G. Morgan. CCA 20190020.
No.
20-0043/AR. U.S. v. Isaiah J. Atkinson. CCA 20180372.
Interlocutory Orders
No.
19-0382/AR. U.S. v. Gerald R. Carter, Jr. CCA 20160770. Appellee's motion to
extend time to file a brief is granted to December 16, 2019.
No.
20-0039/AF. U.S. v. Eric W. Mote. CCA 39462. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to
December 5, 2019.
Special Docket Matter
No.
36612. In the matter of Homaira Khalji.
It appearing that the above-named
attorney is a member of the Bar of this Court and that she has been indefinitely
suspended by the Judge Advocate General of the Air Force from the practice of
law in Air Force courts-martial and the United States Air Force Court of
Criminal Appeals, and considering Rule 15(b), Rules of Practice and Procedure,
U.S. Court of Appeals for the Armed Forces, it is ordered that Homaira Khalji
is disbarred from the practice of law before this Court.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 12, 2019
Petitions for Grant of Review Filed
No.
20-0040/AR. U.S. v. Jeremy G. Dulis. CCA 20180701.
No.
20-0041/AR. U.S. v. Michael A. Carter. CCA 20180440.
Petitions for Grant of Review Denied
No.
19-0456/AR. U.S. v. Christopher L. Lowe. CCA 20170639.
No.
19-0457/AR. U.S. v. Abraham A. Mahmoud. CCA 20190190.
No.
20-0007/AR. U.S. v. Isaiah L. Carrera. CCA 20190220.
No.
20-0012/AF. U.S. v. Joshua D. Stamps. CCA S32532.
No.
20-0013/AR. U.S. v. Kory P. Epps. CCA 20180509.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 7, 2019
Petition for Grant of Review Filed
No.
20-0039/AF. U.S. v. Eric W. Mote. CCA 39462.
Petition for Grant of Review - Summary
Disposition
No. 19-0232/AF. U.S. v. Jaime R.
Rodriguez. CCA 38519.
On consideration of Appellant's petition for grant of review of the decision of
the United States Air Force Court of Criminal Appeals, it is ordered that said
petition is granted on the following issue:
WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THE MILITARY JUDGE'S
IMPROPER PROPENSITY INSTRUCTION HARMLESS BEYOND A REASONABLE DOUBT.
That
the decision of the United States Air Force Court of Criminal Appeals is
reversed as to Specification 1 of Second Additional Charge I. The finding of
guilty as to Specification 1 of Second Additional Charge I is set aside. The remaining
findings are affirmed. The record is returned to the Judge Advocate General of
the Air Force for remand to the Court of Criminal Appeals. That court may either dismiss Specification 1 of Second Additional Charge I and
reassess the sentence based on the affirmed findings, or it may order a
rehearing on the affected specification and the sentence.
Interlocutory Orders
No.
19-0143/AR. U.S. v. Corey N. Wall. CCA 20160235. On consideration of the amicus curiae's motion of Terrace L.
Solomon for leave to file a brief in support of Appellant out of time, it is
ordered that the motion is denied.
No.
19-0143/AR. U.S. v. Corey N. Wall. CCA 20160235. Appellee's motion for leave to
file an amended opposition to the amicus
curiae's motion for leave to file a brief on behalf of Appellant out of
time is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 6, 2019
Petitions for Grant of Review Filed
No.
20-0037/AF. U.S. v. Jacob A. Ralston. CCA 39460.
No.
20-0038/AF. U.S. v. David C. Bingham. CCA 39425.
Hearings
No.
19-0104/AR. U.S. v. Nicholas E. Davis. CCA 20160069.
No.
19-0158/AR. U.S. v. Malcolm R. Turner. CCA 20160131.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 5, 2019
Petitions for Grant of Review Denied
No.
19-0466/AR. U.S. v. Jamie J. Hill. CCA 20180631.
No.
19-0468/AR. U.S. v. Herbert B. Conner III. CCA 20180240.
Order Granting Petition for Review
No.
19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. 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 APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL UNDER THE SIXTH
AMENDMENT OF THE CONSTITUTION.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363. Appellee's motion for an
enlargement of time to file an answer to the amicus curiae's motion file to a brief is granted to November 12,
2019.
No.
20-0018/AR. U.S. v. William H. St. Clair, Jr. CCA 20170020. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to November 13, 2019.
No.
20-0036/AR. U.S. v. Daniel I. Avila. CCA 20160200. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted
to November 25, 2019.
Hearings
No.
19-0192/AR. U.S. v. Lamont S. Jessie. CCA 20160187.
No.
19-0230/AF. U.S. v. Jordan R. Muller. CCA 39323.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
November 4, 2019
Petition for Grant of Review Filed
No.
20-0036/AR. U.S. v. Daniel I. Avila. CCA 20160200.
Petitions for Grant of Review Denied
No.
20-0003/AR. U.S. v. Brandon F. Lumbert. CCA 20190111.
No.
20-0004/AR. U.S. v. Keenan D. Faison. CCA 20180470.
Order Granting Petition for Review
No. 19-0406/AR. U.S. v. Robert B.
Bergdahl. CCA 20170582. 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 CHARGES AND SPECIFICATIONS SHOULD BE DISMISSED WITH PREJUDICE OR OTHER
MEANINGFUL RELIEF GRANTED BECAUSE OF APPARENT UNLAWFUL COMMAND INFLUENCE.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582. Appellant's motion to
supplement the record is denied.
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582. On consideration of the
motion filed by Joshua Kastenberg, Assistant Professor of Law, University of
New Mexico School of Law, for leave to file a brief as amicus curiae on behalf of law professors, it is ordered that the
motion to file an amicus curiae brief
is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
November 1, 2019
Petitions for Grant of Review Denied
No.
19-0469/AF. U.S. v. Garrett J. Stuteville. CCA S32510.
No.
19-0470/AR. U.S. v. Christopher S. Dossett. CCA 20190280.
Interlocutory Order
No.
20-0033/AR. U.S. v. Thomas Ayala. CCA 20170336. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
November 21, 2019.
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