UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 30, 2019
Petitions for Grant of Review Filed
No.
19-0468/AR. U.S. v. Herbert B. Conner III. CCA 20180240.
No.
19-0469/AF. U.S. v. Garrett J. Stuteville. CCA
S32510.
No.
19-0470/AR. U.S. v. Christopher S. Dossett. CCA
20190280.
Petition for Grant of Review - Summary
Disposition
No. 19-0318/AR. U.S. v. Drake S. McAninch. CCA 20170091. 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 to accurately reflect that Charge I was a violation of Article 120b,
UCMJ, vice Article 120, UCMJ.
Order Granting Petition for Review
No. 19-0376/MC. U.S. v. R. Bronson
Watkins. CCA 201700246. 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. A CONFLICT OF INTEREST EXISTS WHERE THE
INTERESTS OF AN ATTORNEY AND DEFENDANT DIVERGE ON A MATERIAL FACTUAL OR LEGAL
ISSUE, OR A COURSE OF ACTION. THREATS BY REGIONAL TRIAL COUNSEL AND A REGIONAL
TRIAL INVESTIGATOR TOWARDS CIVILIAN DEFENSE COUNSEL CREATED A CONFLICT OF
INTEREST BETWEEN CIVILIAN COUNSEL AND APPELLANT. DID THE MILITARY JUDGE ERR IN
DENYING CIVILIAN COUNSEL'S MOTION TO WITHDRAW?
II. THE SIXTH AMENDMENT GUARANTEES AN ACCUSED
THE RIGHT TO RETAIN COUNSEL OF HIS OWN CHOOSING. BEFORE TRIAL, AND AFTER HIS
CIVILIAN COUNSEL MOVED TO WITHDRAW—CITING A PERCEIVED CONFLICT OF
INTEREST—APPELLANT ASKED TO RELEASE HIS CIVILIAN COUNSEL AND HIRE A DIFFERENT
COUNSEL. DID THE MILITARY JUDGE ERR BY DENYING THIS REQUEST?
III. DID THE LOWER COURT
ERR IN RATIFYING THE MILITARY JUDGE'S DENIAL OF APPELLANT'S REQUEST FOR CONFLICT-FREE
COUNSEL, WHERE IT: (A) FOUND THE REQUEST WAS IN "BAD FAITH," BASED ON ALLEGED
MISBEHAVIOR BY APPELLANT OCCURRING BEFORE THE RTC'S UNEXPECTED THREATS; AND,
(B) TREATED THE MILITARY JUDGE'S FINDING THAT APPELLANT'S REQUEST FOR COUNSEL
WAS "OPPORTUNISTIC," AS A FINDING OF FACT INSTEAD OF A CONCLUSION OF LAW?
Briefs
will be filed under Rule 25.
Interlocutory Order
No.
19-0465/AR. U.S. v. Reginald D. Brown, Jr. CCA 20180176. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 21, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 27, 2019
Petitions for Grant of Review Filed
No.
19-0465/AR. U.S. v. Reginald D. Brown, Jr. CCA 20180176.
No.
19-0466/AR. U.S. v. Jamie J. Hill. CCA 20180631.
No.
19-0467/AR. U.S. v. Charles E. Robinson III. CCA 20170536.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 26, 2019
Petitions for Grant of Review Denied
No.
19-0361/AR. U.S. v. James M. Mikolajczyk. CCA
20180035.
No.
19-0436/AR. U.S. v. Victor R. Lozada Romero. CCA
20180589.
Petition for Grant of Review - Summary
Disposition
No. 19-0444/CG. U.S. v. Evan K. Goodell. CCA 1458. Appellant's motion to withdraw the petition
for grant of review is granted, and the petition for grant of review is withdrawn.
Interlocutory Orders
No.
19-0463/NA. U.S. v. Adam J. Ravenscraft. CCA
201600018. Appellant's motion to extend time to file the supplement to the
petition for grant of review is granted to October 16, 2019.
No.
19-0464/AR. U.S. v. Ricardo A. Morales. CCA 20160070. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 16, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 25, 2019
Petition for Grant of Review Filed
No. 19-0464/AR. U.S. v. Ricardo A. Morales. CCA 20160070.
Petitions for Grant of Review Denied
No. 19-0282/AR. U.S. v. Irvin V. Moore, Jr. CCA 20170487.
No. 19-0324/AR. U.S. v. Joseph W. Smith. CCA 20180047.
No. 19-0395/MC. U.S. v. Corey J. Smith. CCA 201800042.
No. 19-0435/AF. U.S. v. Denis J. Paquette.
CCA 39435.
Petition for Grant of Review - Summary
Disposition
No. 19-0405/AR. U.S.
v. John D. Biggs. CCA 20180404. 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 promulgating order states that
the "Finding" as to Charge II was "Guilty," when in fact the military judge dismissed
Charge II and its sole specification prior to findings. Accordingly, it is
ordered that said petition is granted on the following personally asserted
issue:
WHETHER THE PROMULGATING ORDER IS INCORRECT.
That
it is directed that the promulgating order be corrected by stating that the
"Finding" as to Charge II is "Dismissed;" and the decision of the United States
Army Court of Criminal Appeals is affirmed.
Order Granting Petition for Review
No. 19-0382/AR. U.S.
v. Gerald R. Carter, Jr. CCA 20160770. 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 assigned issue:
I.
WHETHER
TRIAL DEFENSE COUNSEL WERE INEFFECTIVE FOR FAILING TO INTRODUCE EXCULPATORY
EVIDENCE IN THEIR POSSESSION.
II. WHETHER THE
MILITARY JUDGE ABUSED HIS DISCRETION BY FAILING TO ORDER A MISTRIAL FOR THE
CHARGES AND SPECIFICATIONS.
And
the following personally asserted issue:
III. WHETHER THE MILITARY JUDGE COMMITTED PLAIN ERROR BY ADMITTING EVIDENCE OF
HISTORICAL CELL-SITE LOCATION INFORMATION. See CARPENTER v. UNITED STATES, 138 S. Ct. 2206 (2018).
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 24, 2019
Petition for Grant of Review Filed
No.
19-0463/NA. U.S. v. Adam J. Ravenscraft. CCA
201600018.
Petition for Grant of Review Denied
No.
19-0434/AR. U.S. v. Chandler A. Majstorovic. CCA
20180045.
Petition for Grant of Review - Summary
Disposition
No. 19-0283/AR. U.S. v. Andrew D.
Steele. CCA 20170303.
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 the findings of guilty, but set aside the sentence and
authorized a rehearing on the sentence. 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.
Order Granting Petition for Review
No. 19-0384/AR. U.S. v. Michael J.
Guinn. CCA 20170500.
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. WHETHER THE ARMY COURT CONDUCTED A VALID
ARTICLE 66 REVIEW WHEN IT FAILED TO CONSIDER APPELLANT'S FIRST AND FIFTH
AMENDMENT CLAIMS EVEN WHILE ENTERTAINING HIS EIGHTH AMENDMENT CLAIMS.
II. WHETHER APPELLANT'S
CONSTITUTIONAL RIGHTS WERE VIOLATED BY A CONFINEMENT FACILITY POLICY THAT BARRED
HIM FROM ALL FORMS OF COMMUNICATION WITH HIS MINOR CHILDREN WITHOUT AN
INDIVIDUALIZED ASSESSMENT DEMONSTRATING THAT AN ABSOLUTE BAR WAS NECESSARY.
No
briefs will be filed under Rule 25.
Petition for Reconsideration Denied
No.
19-0426/AR. Anderson Wallace, Jr., Appellant v. United States, Appellee. CCA
20190522. Appellant's petition for reconsideration of this Court's order issued
September 4, 2019 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 23, 2019
Petitions for Grant of Review Filed
No.
19-0461/AR. U.S. v. Dionis Hardit-Campos.
CCA 20180429.
No.
19-0462/NA. U.S. v. Joshua S. King CCA 201800016.
Interlocutory Orders
No.
19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. Appellant's motion to file
the supplement to the petition for grant of review out of time is granted.
No.
19-0443/AR. U.S. v. Corry P. Brooks. CCA 20170087. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to October 4, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 20, 2019
Petitions for Grant of Review Filed
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.
Petitions for Grant of Review Denied
No.
19-0362/MC. U.S. v. Kristopher B. Richardson. CCA 201900028.
No.
19-0424/AF. U.S. v. Andrew E. Palmer. CCA 39445.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 19, 2019
Petitions for Grant of Review Filed
No.
19-0455/AR. U.S. v. Andrew C. Marrow. CCA 20190081.
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.
19-0458/AR. U.S. v. Tony E. Banks. CCA 20170261.
Petitions for Grant of Review Denied
No.
19-0322/AF. U.S. v. Alfredo J. Gonzales. CCA 39220.
No.
19-0340/AF. U.S. v. Jason J. Lundby. CCA S32500.
Orders Granting Petition for Review
No. 19-0198/NA. U.S. v. Willie C. Jeter.
CCA 201700248.
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 THE CONVENING AUTHORITY VIOLATE EQUAL
PROTECTION WHEN HE SHOWED A PATTERN OF CONVENING AT LEAST THREE ALL WHITE
MEMBERS' PANELS FOR GENERAL COURTS-MARTIAL, INCLUDED RACE AND GENDER
IDENTIFIERS IN MEMBERS' QUESTIONNAIRES, REMOVED FIVE MINORITY MEMBERS FROM
APPELLANT'S ORIGINAL CONVENING ORDER, AND ULTIMATELY ISSUED A CONVENING ORDER
CONSISTING OF ONLY WHITE, MALE MEMBERS FOR APPELLANT'S COURT-MARTIAL, WHERE
APPELLANT WAS AN AFRICAN-AMERICAN OFFICER?
II. DID THE DEFENSE SHOW SOME
EVIDENCE OF UNLAWFUL COMMAND INFLUENCE IN THE FORM OF COURT PACKING WHEN IT
SHOWED THE CONVENING AUTHORITY REMOVED FIVE MINORITY MEMBERS AND REPLACED THEM
WITH FIVE WHITE MEN, CONVENED A MEMBERS' PANEL WITH ALL WHITE MEN IN THIS CASE
AND AT LEAST TWO OTHER CASES WITH AFRICAN-AMERICAN ACCUSED, AND INCLUDED RACE
AND GENDER IDENTIFIERS ON THE MEMBERS' QUESTIONNAIRES?
No
briefs will be filed under Rule 25.
No. 19-0297/AR. U.S. v. Adrian Gonzalez.
CCA 20160363.
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 assigned issue:
WHETHER
THE ARMY COURT ABUSED ITS DISCRETION BY REASSESSING THE SENTENCE AFTER DISMISSING
THE MOST EGREGIOUS SPECIFICATION, AND OFFERING THE CONVENING AUTHORITY THE
OPTION TO APPROVE AN EXCESSIVE SENTENCE FOR THE REMAINING SPECIFICATION IN LIEU
OF A REHEARING.
And
the following issue specified by the Court:
WHETHER
APPELLANT WAIVED OR FORFEITED HIS OBJECTION TO THE ARMY COURT'S INSTRUCTIONS TO
THE CONVENING AUTHORITY.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 18, 2019
Petitions for Grant of Review Filed
No.
19-0453/AR. U.S. v. Lucas E. McQueen. CCA 20180678.
No.
19-0454/AF. U.S. v. Richard S. Woods. CCA 39403.
Petitions for Grant of Review Denied
No.
19-0294/AR. U.S. v. Corey D. Porter. CCA 20160253.
No.
19-0366/AF. U.S. v. Nathan G. Wilson-Crow. CCA 38706.
No.
19-0390/NA. U.S. v. Calvin J. Cobb. CCA 201700356.
No.
19-0392/AF. U.S. v. Corey J. Laubach. CCA 39396.
No.
19-0428/AR. U.S. v. Francisco A. Torrealba. CCA
20160156.
Interlocutory Order
No. 19-0143/AR. U.S. v. Corey N. Wall.
CCA 20160235.
On consideration of the briefs of the parties on the issue granted review on
April 29, 2019, it is ordered that the parties file supplemental briefs on the
following additional issue:
WHETHER
THE GRANTED ISSUE IS RIPE FOR REVIEW BY THIS COURT AT THIS TIME.
The
briefs of the parties shall be filed concurrently within 15 days of the date of
this order.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 17, 2019
Petition for Grant of Review Filed
No.
19-0452/AR. U.S. v. Kennith D. Manley. CCA 20180222.
Petitions for Grant of Review Denied
No.
19-0254/AR. U.S. v. Christian R. Martin. CCA 20160336.
No.
19-0255/AR. U.S. v. Darralyn S. Cody. CCA 20170472.
No.
19-0327/AF. U.S. v. Christopher W. Fenderson. CCA
39343.
No.
19-0408/AR. U.S. v. Derric B. McEachern.
CCA 20180472.
No.
19-0427/AR. U.S. v. Phillip J. Neri. CCA 20180485.
Interlocutory Orders
No.
19-0417/AF. U.S. v. Petr K. Bessmertnyy. CCA 39322. On
consideration of 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, up
to and including September 30, 2019; and that, absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
19-0450/MC. U.S. v. Jonathan D. Gurfein. CCA
201700345. On consideration of 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 October 7, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 16, 2019
Petitions for Grant of Review Filed
No.
19-0450/MC. U.S. v. Jonathan D. Gurfein. CCA
201700345.
No.
19-0451/AF. U.S. v. Kyle B. Hart. CCA S32520.
Orders Granting Petition for Review
No. 19-0252/AR. U.S. v. Tyler
Washington. CCA 20170329. 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 MILITARY JUDGE ABUSED HER DISCRETION BY PERMITTING THE UNIT'S SHARP
REPRESENTATIVE TO TESTIFY THAT "WHEN A PERSON SAYS 'NO' IT MEANS STOP, WALK
AWAY."
Briefs
will be filed under Rule 25.
Interlocutory Order
No.
17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304.
Appellant's motion for additional time for oral argument is granted, and the
Appellant and Appellee will each be afforded 60 minutes for oral argument. The
format for oral argument will be addressed in the Hearing Notice.
Petitions for Reconsideration Denied
No.
19-0156/AR. U.S. v. Eric F. Kelly. CCA 20150725. Appellant's petition for
reconsideration of the Court's order issued July 26, 2019 is denied.
No.
19-0303/AR. Samuel R. Wiles, Petitioner v. United States, Respondent CCA
20170246. Petitioner's petition for reconsideration of the Court's order issued
July 26, 2019 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 13, 2019
Petitions for Grant of Review Filed
No.
19-0448/AR. U.S. v. Samuel E. Solero. CCA 20170546.
No.
19-0449/AF. U.S. v. Ladarion D. Stanton. CCA 39161.
Petitions for Grant of Review Denied
No.
19-0359/AR. U.S. v. Eric A. Spitale. CCA 20170128.
No.
19-0418/AR. U.S. v. Eric S. Powell. CCA 20190236.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 12, 2019
Petition for Grant of Review Filed
No. 19-0447/AR. U.S. v. Michael A. Estes, Jr. CCA 20190123.
Interlocutory Orders
No. 18-0308/AR. U.S. v. Cedric L. McDonald. CCA 20160339. Appellant's
motion for leave to file a second petition for reconsideration is denied.
No. 19-0298/AR. U.S. v. David M. Finch. CCA 20170501. Appellee'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
Wednesday,
September 11, 2019
Petition for Grant of Review Filed
No. 19-0446/AR. U.S. v. Marcus L. Quisenberry,
Jr. CCA 20190342.
Petitions for Grant of Review Denied
No. 19-0306/AR. U.S. v. Gene R. Rouse. CCA 20170192.
No. 19-0387/AR. U.S. v. Zachary J. Ford. CCA 20180341.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 10, 2019
Petitions for Grant of Review Denied
No.
19-0331/AR. U.S. v. Isiah K. Hall. CCA 20160644.
No.
19-0337/AF. U.S. v. Evan G. Smith. CCA 38943.
No.
19-0343/AR. U.S. v. Joseph P. Robinson. CCA 20160773.
No.
19-0378/AR. U.S. v. Anthony R. Flowers. CCA 20180622.
No.
19-0386/AR. U.S. v. Spencer D. Dorr. CCA 20170172.
No.
19-0391/AR. U.S. v. Timothy J. Bazzell. CCA 20180105.
No.
19-0401/AR. U.S. v. Monfort Celestin. CCA 20180423.
No.
19-0409/AR. U.S. v. Malcolm D. Stevens. CCA 20180682.
No.
19-0413/AF. U.S. v. Keagen A. Ludowese.
CCA S32514.
No.
19-0422/AF. U.S. v. Humphrey Daniels III. CCA 39407. On consideration of
Appellee's motion to deny the petition for grant of review without prejudice as
unripe, it is ordered that the motion is granted, and the petition for grant of
review is denied without prejudice to Appellant's right to raise the matters
asserted in the normal course of appellate review.
Interlocutory Orders
No.
19-0412/AF. U.S. v. Krishil S. Prasad. CCA 39003.
Appellant's third motion to extend time to file the supplement to the petition
for grant of review is granted to September 23, 2019, and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
19-0445/AR. U.S. v. Darrell K. Briscoe, Jr. CCA 20170302. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to September 30, 2019.
In the Matter of the Rules Advisory
Committee
Pursuant
to Rule 45 of the Rules of Practice and Procedure, United States Court of
Appeals for the Armed Forces, the following persons are, this 10th day
of September, 2019, hereby appointed as members of the Rules Advisory
Committee, effective October 1, 2019:
Prof. Steven H. Goldblatt
(Chair), Ms. Michelle Lindo McCluer,
Esq., and Ms. Carol Joyce, Esq., are hereby reappointed as members of the Rules
Advisory Committee for a term expiring on September 30, 2022.
The following members, whose terms expire on
the dates indicated below, remain on the Rules Advisory Committee:
To expire on September 30, 2020:
William A. DeCicco,
Esq.
Rebecca S. Snyder, Esq.
Matthew G. Kaiser, Esq.
To expire on September 30, 2021:
Dwight H. Sullivan, Esq.
Thomas E. Booth, Esq.
Malcolm Squires, Esq.
Mr. Joseph R. Perlak, Clerk of the Court, is an
ex officio member of the Committee,
and serves as its Reporter.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 9, 2019
Petitions for Grant of Review Denied
No.
19-0292/AF. U.S. v. Anthony B. Patron. CCA 39375.
No.
19-0388/AR. U.S. v. Bryan W. Chowning. CCA 20180211.
Interlocutory Order
No.
19-0438/AF. Richard D. Collins, Petitioner v. Matthew Donovan, Acting Secretary
of the Air Force, Jeffrey A. Rockwell, Lieutenant General, United States Air
Force Judge Advocate General, James A. Jacobson, Major General, United States
Air Force, Commander, Air Force District of Washington, and United States,
Respondents. CCA 39296. On consideration of the petition for extraordinary
relief in the nature of a writ of mandamus, it is ordered that Respondents show
cause on or before September 19, 2019, why the requested relief should not be
granted.
Mandate Issued
No.
18-0273/AR. U.S. v. Norman R. Stout. CCA 20120592.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 6, 2019
Petition for Grant of Review Filed
No.
19-0445/AR. U.S. v. Darrell K. Briscoe, Jr. CCA 20170302.
Petitions for Grant of Review Denied
No.
19-0304/AR. U.S. v. Dean T. Abercrombie. CCA 20170189.
No.
19-0351/AR. U.S. v. Jarell L. Kelley. CCA 20180520.
No.
19-0400/AR. U.S. v. Trevin L. Hagood, Jr. CCA
20180343.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 4, 2019
Petition for Grant of Review - Summary
Disposition
No. 19-0379/AR. U.S. v. Eduardo J.
Montoya. CCA 20190017.
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 to accurately reflect that The Charge was a violation of Article 120b,
UCMJ, vice Article 120, UCMJ.
Miscellaneous Docket - Summary
Disposition
No. 19-0426/AR. U.S. v. Anderson
Wallace, Jr. CCA 20190522. On consideration of the writ-appeal petition, it is
ordered that the petition is denied.
Interlocutory Orders
No.
19-0216/AR. U.S. v. Sean J. Dillon. CCA 20160324. On consideration of
Appellant's petition for reconsideration filed July 18, 2019, Appellant's
motion to file a second petition for reconsideration filed July 29, 2019,
Appellant's second petition for reconsideration filed July 22, 2019,
Appellant's motion to file a third petition for reconsideration, out of time,
filed July 29, 2019, Appellant's third petition for reconsideration filed July
29, 2019, Appellant's pro se motion for leave to file a request to order the
Government to appoint an expert filed August 14, 2019, and Appellant's pro se
motion for leave to file a request for review of unconstitutional jurisdiction
of a retired active member filed August 27, 2019, it is ordered that
Appellant's motion to file a second petition for reconsideration is granted,
and that Appellant's motion to file a third petition for reconsideration, out of
time, Appellant's pro se motion for leave to file a request to order the
Government to appoint an expert, and Appellant's pro se motion for leave to
request review for unconstitutional jurisdiction of a retired active member,
are denied, and the petition for reconsideration filed July 18, 2019 and the
second petition for reconsideration filed July 22, 2019, are denied, and the
third petition for reconsideration is denied as moot.
No.
19-0443/AR. U.S. v. Corry P. Brooks. CCA 20170087. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
September 24, 2019.
No.
19-0444/CG. U.S. v. Evan K. Goodell. CCA 1458. On
consideration of the motion filed by Lieutenant Carolyn M. Bray to appear pro hac vice and Appellant's motion to extend time to file the
supplement to the petition for grant of review, it is ordered that the motions
are granted, and that Appellant will file a supplement to the petition for
grant of review on or before September 24, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 3, 2019
Petitions for Grant of Review Filed
No.
19-0443/AR. U.S. v. Corry P. Brooks. CCA 20170087.
No.
19-0444/CG. U.S. v. Evan K. Goodell. CCA 1458.
Petitions for Grant of Review Denied
No.
19-0402/AR. U.S. v. Tyler J. Michael. CCA 20180459.
No.
19-0403/AR. U.S. v. Brenton H. Weiss. CCA 20180327.
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