UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 31, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0033/AR. U.S. v. Thomas Ayala. CCA 20170336.

No. 20-0034/AR. U.S. v. Dylan W. Weeks. CCA 20190219.

No. 20-0035/AR. U.S. v. Evonquae R. Robinson. CCA 20190293.

 

Petition for Grant of Review Denied

 

No. 19-0397/NA. U.S. v. Alan D. Dorrbecker. CCA 201700347.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 19-0262/AR. U.S. v. Quantrell L. Anderson. CCA 20170158. On consideration of Appellant's petition for grant of review of the decision of the United States Army Court of Criminal Appeals and Appellant's motion to supplement the record, it is ordered that said petition is granted on the following personally asserted issue:

 

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.

 

That the motion to supplement the record is denied without prejudice to raising the matter before the United States Army Court of Criminal Appeals, and the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to that court for a new review and consideration of the aforementioned issue 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.

 

No. 19-0291/AF. U.S. v. Cory D. Phillips. CCA 38771. 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 CRIMINAL COURT OF APPEALS ERRED IN HOLDING HARMLESS THE MILITARY JUDGE'S ERROR OF ALLOWING CHARGED SEXUAL MISCONDUCT TO PROVE PROPENSITY TO COMMIT AGGRAVATED SEXUAL ASSAULT IN LIGHT OF UNITED STATES v. HUKILL, 76 M.J. 219 (C.A.A.F. 2017).

 

That the decision of the United States Air Force Court of Criminal Appeals is reversed as to Specification 1 of the Charge. The finding of guilty as to Specification 1 of the Charge 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 the Charge and reassess the sentence based on the affirmed findings, or it may order a rehearing on the affected specification and the sentence.

 

Order Granting Petition for Review

 

No. 19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is granted on the following issues:

 

I. DID ADMISSION OF AN ALLEGEDLY POSITIVE DIATHERIX LABORATORIES TEST FOR GONORRHEA, WITHOUT TESTIMONY AT TRIAL OF ANY WITNESS FROM DIATHERIX, VIOLATE THE SIXTH AMENDMENT CONFRONTATION CLAUSE?

 

II. DID THE LOWER COURT ABUSE ITS DISCRETION IN ADMITTING AN ALLEGED POSITIVE DIATHERIX TEST RESULT FOR GONORRHEA IN A CHILD'S RECTAL SWAB-WHERE DIATHERIX FAILED TO FOLLOW ITS OWN PROCEDURES AND THE RESULT WAS OF NEAR ZERO PROBATIVE VALUE?

 

Briefs will be filed under Rule 25.

 

Interlocutory Order

 

No. 19-0398/AF. United States, Appellant v. Chase J. Easterly, Appellee. CCA 39310. Appellee's motion to dismiss the certified issue is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 30, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0335/AR. U.S. v. Rene G. Fuentes. CCA 20170390.

No. 19-0380/AR. U.S. v. Victor J. Fernandez. CCA 20160688.

No. 19-0430/AF. U.S. v. William T. Baltazar. CCA 39373.

No. 19-0458/AR. U.S. v. Tony E. Banks. CCA 20170261.

 

Interlocutory Order

 

No. 20-0011/AR. U.S. v. Vincent M. Johnican-Benton, Jr. CCA 20180251. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 8, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 29, 2019

 

Petition for Grant of Review Filed

 

No. 20-0032/AR. U.S. v. Christopher R. Mora. CCA 20190436.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 28, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0029/AR. U.S. v. Alexander W. Boesch. CCA 20180377.

No. 20-0030/AR. U.S. v. Aladar Khan. CCA 20180160.

No. 20-0031/AR. U.S. v. William T. Barksdale III. CCA 20170090.

 

Petitions for Grant of Review Denied

 

No. 19-0459/AR. U.S. v. Evan T. K. Deal. CCA 20180392.

No. 19-0460/AR. U.S. v. Thomas E. Haverly. CCA 20180373.

No. 19-0461/AR. U.S. v. Dionis Hardit-Campos. CCA 20180429.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 25, 2019

 

Petition for Grant of Review Filed

 

No. 20-0028/AR. U.S. v. Dylan T. Wright. CCA 20180585.

 

Petitions for Grant of Review Denied

 

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

No. 19-0416/NA. U.S. v. Erik M. Vasquez. CCA 201700363.

No. 19-0452/AR. U.S. v. Kennith D. Manley. CCA 20180222.

No. 19-0453/AR. U.S. v. Lucas E. McQueen. CCA 20180678.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0445/AR. U.S. v. Darrell K. Briscoe, Jr. CCA 20170302. 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 in affirming the sentence, the Court of Criminal Appeals stated that Appellant's approved sentence included a dishonorable discharge when in fact the sentence included a bad-conduct discharge. Accordingly, it is ordered that said petition is granted, and the decision of the United States Army Court of Criminal Appeals is affirmed as to findings and to only so much of the sentence as provides for a bad-conduct discharge and confinement for twenty-four months.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 24, 2019

 

Petition for Grant of Review Filed

 

No. 20-0027/AR. U.S. v. Brandon R. Phillips. CCA 20190082.

 

Miscellaneous Docket Summary Dispositions

 

No. 20-0009/AR. Nidal M. Hasan v. ACCA. CCA 20130781. On consideration of the petition for extraordinary relief (recusal of judges), it is ordered that the petition is granted as to Judge Walker and denied as to Judge Brookhart without prejudice to Petitioner's right to raise the matters asserted in the normal course of appellate review.

 

No. 20-0010/AR. Nidal M. Hasan v. ACCA. CCA 20130781. On consideration of the petition for extraordinary relief (appointment of a chief judge), it is ordered that the petition is denied without prejudice to Petitioner's right to raise the matters asserted in the normal course of appellate review.

 

Interlocutory Order

 

Nos. 20-0009/AR & 20-0010/AR. Nidal M. Hasan v. ACCA. CCA 20130781. On consideration of Petitioner's motion to stay the proceedings on both petitions for extraordinary relief, the motion is denied as moot.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 23, 2019

 

Petition for Grant of Review Filed

 

No. 20-0026/AR. U.S. v. Derrell D. Goldsborough. CCA 20180434.

 

Petition for Grant of Review Denied

 

No. 19-0420/AR. U.S. v. David L. Jordan. CCA 20180003.

 

Interlocutory Order

 

No. 20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 13, 2019.

 

Hearings

 

No. 19-0086/NA. U.S. v. Pedro M. Bess, Jr. CCA 201300311.

No. 19-0139/AR. U.S. v. Alan S. Guardado. CCA 20140014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 22, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0410/AF. U.S. v. David M. Lamica. CCA 39423.

No. 19-0441/AF. U.S. v. Jason A. Yeargin. CCA 39506.

 

Interlocutory Orders

 

No. 19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023. Appellant's motion to extend time to file a brief and joint appendix is granted to November 14, 2019.

 

No. 19-0457/AR. U.S. v. Abraham A. Mahmoud. CCA 20190190. Appellant's motion to amend matters submitted pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

Hearing

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 21, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0023/AR. U.S. v. Cameron L. Canup. CCA 20180579.

No. 20-0025/AF. U.S. v. Joseph M. Yebba. CCA S32519.

 

Petition for Grant of Review Denied

 

No. 19-0454/AF. U.S. v. Richard S. Woods. CCA 39403.

 

Miscellaneous Docket - Filing

 

No. 20-0024/AF. Charles A. Wilson III, Appellant v. The Judge Advocate General of the Air Force, Appellee. CCA 2019-05. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Air Force Court of Criminal Appeals on application for extraordinary relief was filed on this date.

 

Interlocutory Orders

 

No. 19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363. Appellant's motion to extend time to file a brief and joint appendix is granted to November 4, 2019.

 

No. 19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246. Appellant's motion to extend time to file a brief and joint appendix is granted to November 14, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 18, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0021/AF. U.S. v. Elis M. Lasalle. CCA 38831.

No. 20-0022/AR. U.S. v. Brandon L. Pelphrey. CCA 20180430.

 

Interlocutory Orders

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellant's motion for division of hearing into two sessions and for presentation by two counsel is granted in part, as to two counsel being permitted to present argument on behalf of Appellant, and denied in all other respects.

 

No. 20-0019/AF. U.S. v. Jared D. Bavender. CCA 39390. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 7, 2019.

 

No. 20-0020/AF. U.S. v. Jonathan D. Shamess. CCA 39434. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 7, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 17, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0019/AF. U.S. v. Jared D. Bavender. CCA 39390.

No. 20-0020/AF. U.S. v. Jonathan D. Shamess. CCA 39434.

 

Petition for Grant of Review Denied

 

No. 19-0451/AF. U.S. v. Kyle B. Hart. CCA S32520.

 

Interlocutory Orders

 

No. 19-0437/MC. U.S. v. Roberto Armendariz. CCA 201700338. Appellee's motion to extend time to file a brief is granted to November 6, 2019.

 

No. 20-0018/AR. U.S. v. William H. St. Clair, Jr. CCA 20170020. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 6, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 16, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0431/AR. U.S. v. Michael C. Gleason. CCA 20150379.

No. 19-0446/AR. U.S. v. Marcus L. Quisenberry, Jr. CCA 20190342.

No. 19-0447/AR. U.S. v. Michael A. Estes, Jr. CCA 20190123.

 

Hearing

 

No. 19-0178/AR U.S. v. Robert J. Rice. CCA 20160695.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 15, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0017/AR. U.S. v. Brandon M. Lance. CCA 20190207.

No. 20-0018/AR. U.S. v. William H. St. Clair, Jr. CCA 20170020.

 

Interlocutory Order

 

No. 19-0252/AR. U.S. v. Tyler Washington. CCA 20170329. Appellant's motion to extend time to file a brief is granted to October 23, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 11, 2019

 

Petition for Grant of Review Filed

 

No. 20-0016/NA. U.S. v. Ryan C. Arles. CCA 201800045.

 

Petition for Grant of Review Denied

 

No. 19-0432/MC. U.S. v. Joseph A. Felix, Jr. CCA 201800071.

 

Interlocutory Orders

 

No. 19-0259/AR. U.S. v. Robert S. Avery. CCA 20140202. Appellee's motion to extend time to file a brief is granted to November 12, 2019.

 

No. 20-0015/AR. U.S. v. Dean J. Willhide. CCA 20180349. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 31, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 10, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0013/AR. U.S. v. Kory P. Epps. CCA 20180509.

No. 20-0014/AR. U.S. v. John A. Hayes. CCA 20180165.

No. 20-0015/AR. U.S. v. Dean J. Willhide. CCA 20180349.

 

Interlocutory Order

 

No. 19-0463/NA. U.S. v. Adam J. Ravenscraft. CCA 201600018. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to October 31, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 9, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0011/AR. U.S. v. Vincent M. Johnican-Benton, Jr. CCA 20180251.

No. 20-0012/AF. U.S. v. Joshua D. Stamps. CCA S32532.

 

Petition for Grant of Review Denied

 

No. 19-0338/NA. U.S. v. Edward C. Lin. CCA 201700303.

 

Miscellaneous Docket - Filings

 

No. 20-0009/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of mandamus and brief in support were filed under Rule 27(a), together with a motion for a stay of proceedings on October 4, 2019, and placed on the docket this date.

 

No. 20-0010/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of mandamus and brief in support were filed under Rule 27(a), on October 4, 2019, and placed on the docket this date.

 

Interlocutory Orders

 

No. 18-0347/AR. Michael J. Gonzales. CCA 20130849. Appellant's pro se motion for suspension of the rules and petition for reconsideration is denied.

 

No. 20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 29, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 8, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0007/AR. U.S. v. Isaiah L. Carrera. CCA 20190220.

No. 20-0008/AR. U.S. v. Ishmael K. Johnson. CCA 20180405.

 

Petitions for Grant of Review Denied

 

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

No. 19-0407/AF. U.S. v. Brandon M. Zegarrundo. CCA S32430.

No. 19-0414/MC. U.S. v. Gregory E. Blanton, Jr. CCA 201400419.

No. 19-0429/AF. U.S. v. Jenon N. McPhatter. CCA 39324.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0433/AR. U.S. v. Joshua L. Isaias. CCA 20180669. 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 by changing the word 'act' in Specifications 3 and 4 of Charge I to 'contact'.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 7, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0005/AR. U.S. v. Michael L. Essary, Jr., CCA 20170556.

No. 20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 4, 2019

 

Petition for Grant of Review Denied

 

No. 19-0415/MC. U.S. v. Stephen P. Howell. CCA 201200264. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that the petition is denied.*

 

* Judge Ryan has recused herself from participation in this case. She previously recused herself in Howell v. United States, 75 M.J. 386 (C.A.A.F. 2016).

 

Interlocutory Order

 

No. 19-0450/MC. U.S. v. Jonathan D. Gurfein. CCA 201700345. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to October 22, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 3, 2019

 

Petitions for Grant of Review Filed

 

No. 20-0003/AR. U.S. v. Brandon F. Lumbert. CCA 20190111.

No. 20-0004/AR. U.S. v. Keenan D. Faison. CCA 20180470.

 

Petition for Grant of Review Denied

 

No. 19-0419/AR. U.S. v. Jose L. Encarnacion. CCA 20180295.

 

Interlocutory Order

 

No. 20-0002/AR. U.S. v. Viktor R. Riederer. CCA 20180183. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 22, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 2, 2019

 

Petition for Grant of Review Filed

 

No. 20-0002/AR. U.S. v. Viktor R. Riederer. CCA 20180183.

 

Petition for Grant of Review Denied

 

No. 19-0439/AR. U.S. v. Clive D. Mayfield. CCA 20180492.

 

Order Granting Petition for Review

 

No. 19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023. 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 issues:

 

I. DID THE MILITARY JUDGE ERR IN APPLYING R.C.M. 914?

 

II. IF THE MILITARY JUDGE ERRED, UNDER WHAT STANDARD SHOULD THIS COURT ASSESS PREJUDICE?

 

III. WAS THERE PREJUDICE UNDER THE APPLICABLE STANDARD OF REVIEW?

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 1, 2019

 

Petition for Grant of Review Filed

 

No. 20-0001/AR. U.S. v. Robert L. Skillern. CCA 20180464.

 

Petitions for Grant of Review Denied

 

No. 19-0393/AR. U.S. v. Nathaniel Nunnery. CCA 20180199.

No. 19-0423/AR. U.S. v. Douglas C. Carroll, Jr. CCA 20180624.

No. 19-0442/AR. U.S. v. Christopher V. Monroe. CCA 20180365.



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