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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