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.



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