UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 28, 2020
Petitions for Grant of Review Filed
No.
20-0157/AR. U.S. v. Ronald S. Swanson, Jr. CCA 20190109.
No.
20-0158/AR. U.S. v. Chevy J. Wright. CCA 20190821.
No.
20-0159/AR. U.S. v. Bradley G. Aydelotte. CCA
20190398.
No.
20-0160/AR. U.S. v. Michael C. Walther. CCA 20190547.
Petitions for Grant of Review Denied
No.
20-0092/AR. U.S. v. Jacob M. Miller. CCA 20180101.
No.
20-0106/AR. U.S. v. Jabrial L. Hancock. CCA 20190088.
No.
20-0110/AR. U.S. v. Parker E. Liscano. CCA 20190244.
Petition for Grant of Review - Summary
Disposition
No. 20-0114/AR. U.S. v. Jonathan M.
Spivey. CCA 20180613.
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 Article 134 and Additional Charge
IV to Article 107.
Miscellaneous Docket - Filing
No.
20-0156/AR. Garnard W. Burnside III v. U.S. CCA
20130193. Notice is hereby given that a petition for extraordinary relief in
the nature of a writ of error coram nobis was filed under Rule 27(a) on this date.
Interlocutory Orders
No.
20-0019/AF. U.S. v. Jared D. Bavender. CCA 39390. On
further consideration of the granted issue, the Appellant's brief and the
matters submitted in the Joint Appendix, a transcription of the exhibit
proffered at JA-130 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 at JA-130, (Appellate Exhibit IV, Attachment 3), SSgt Bavender's recorded statement, Disk 1 labeled "US vs. Bavender, Sub Interview 1 of 4," from time index
17:45:00 through time index 18:45:00, and that the transcription be filed with
this Court on or before March 23, 2020.
No.
20-0106/AR. U.S. v. Jabrial L. Hancock. CCA 20190088.
Appellant's motion to supplement the record is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 27, 2020
Petitions for Grant of Review Filed
No.
20-0152/AR. U.S. v. Marcos A. Lopes. CCA 20190331.
No.
20-0153/AR. U.S. v. Rondell A. Hilliard. CCA 20170377.
No.
20-0154/AR. U.S. v. Nicholas R. Purcell. CCA 20190736.
No.
20-0155/AR. U.S. v. Andrew J. Szymborski. CCA 20190625.
Petitions for Grant of Review Denied
No.
20-0051/CG. U.S. v. Christopher E. Olsen. CCA 1462.
No.
20-0098/AR. U.S. V. Luke D. English. CCA 20160510.
No.
20-0103/AR. U.S. v. Joshua C. Beckhart. CCA 20190551.
No.
20-0105/AR. U.S. v. James R. Rochelle. CCA 20190159.
No.
20-0120/AF. U.S. v. Christopher D. Plourde. CCA 39478.
Miscellaneous Docket - Summary
Disposition
No.
20-0099/MC. Juan C. Carrillo, Appellant v. U.S., Appellee. CCA 9900334. On consideration of
Appellant's motion to re-caption the case, motion to file a writ-appeal
petition out of time and the writ-appeal petition for review of the decision of
the United States Navy-Marine Corps Court of Criminal Appeals on application
for extraordinary relief, it is ordered that the motion to re-caption the case
is granted; that the motion to file the writ-appeal petition out of time is
granted; and the writ-appeal petition is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 26, 2020
Interlocutory Orders
No.
19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. Appellant's second motion
to extend time to file a reply brief is granted to March 2, 2020.
No.
19-0382/AR. U.S. v. Gerald R. Carter, Jr. CCA 20160770. Appellant's motion to
supplement the record is denied.
Mandate Issued
No.
19-0139/AR. U.S. v. Alan S. Guardado. CCA 20140014.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 25, 2020
Petitions for Grant of Review Denied
No.
20-0072/AR. U.S. v. Casey J. Haugen. CCA 20180375.
No.
20-0116/AF. U.S. v. Luis F. Santos, Jr. CCA 39019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 24, 2020
Petitions for Grant of Review Filed
No.
20-0150/AR. U.S. v. Edward Garner. CCA 20180563.
No.
20-0151/AR. U.S. v. Jacob A. Fain. CCA 20190782.
Petitions for Grant of Review Denied
No.
20-0069/AR. U.S. v. Michel J. Newman. CCA 20190413.
No.
20-0096/AR. U.S. v. Derick L. Stark. CCA 20190378.
Interlocutory Orders
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.
On consideration of the motion on behalf of law professors for leave to file an
amicus curiae brief filed on December
11, 2019, it is ordered that the motion is denied without prejudice to resubmit
the brief without Professor Corn's name.
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.
On consideration of the motion on behalf of Experts in Civil and Military
Relations to file an amicus curiae
brief in support of Appellant, filed on December 12, 2019, it is ordered that
the motion is denied.
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.
On consideration of the motions filed by Professor Michel Paradis,
Columbia Law School, for leave to file an amicus
curiae brief in support of Appellant, and for leave to have a law student
enter an appearance on the amicus curiae
brief in support of Appellant, filed on December 16, 2019, it is ordered that
the motion for leave to file an amicus brief is denied, and the motion for the
law student to enter an appearance is denied as moot.
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.
On consideration of the motion filed by Professor Brenner Fissell
for leave to appear pro hac vice as amicus curiae in support of Appellant,
filed on January 8, 2020, it is ordered that the motion is denied as moot.
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.
On consideration of the motion filed by Professor Geoffrey Corn for leave to
appear pro hac vice as amicus curiae in support of Appellant, filed on January 14, 2020,
it is ordered that motion is denied.
No.
20-0106/AR. U.S. v. Jabrial L. Hancock. CCA 20190088.
Appellant's motion for leave to file supplemental matter pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982) is granted.
No.
20-0145/AR. U.S. v. Jeffrey R. Arnold. CCA 20180418. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to March 16, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILYJOURNAL
Friday, February 21, 2020
Petition for Grant of Review Filed
No. 20-0149/AR. U. S.
v. Earl R. Bryan. CCA 20190154.
Petition for Grant of Review Denied
No. 20-0053/NA. U.S. v.
Kareem I. Diggs. CCA 201800087.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 20, 2020
Petitions for Grant of Review Filed
No.
20-0146/AR. U.S. v. Christopher C. Tate. CCA 20190349.
No.
20-0147/AR. U.S. v. Joey D. Curry. CCA 20180523.
No.
20-0148/AR. U.S. v. Deandre L. Kirby. CCA 20190814.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 19, 2020
Petitions for Grant of Review Denied
No.
20-0018/AR. U.S. v. William H. St. Clair, Jr. CCA 20170020.
No.
20-0111/MC. U.S. v. Joshua W. Taylor. CCA 201900172.
Petition for Reconsideration Denied
No.
19-0139/AR. U.S. v. Alan S. Guardado. CCA 20140014. Appellant's petition for
reconsideration of the Court's decision, United
States v. Guardado, 79 M.J. 301 (C.A.A.F. 2020) is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 18, 2020
Petitions for Grant of Review Filed
No.
20-0144/AR. U.S. v. Muhammad M. McCorkle. CCA 20180602.
No.
20-0145/AR. U.S. v. Jeffrey R. Arnold. CCA 20180418.
Petitions for Grant of Review Denied
No.
20-0077/MC. U.S. v. Tara E. Hudson. CCA 201800138.
No.
20-0093/AR. U.S. v. Robert J. Weinreis. CCA 20180586.
No.
20-0102/AF. U.S. v. Marrea R. Garrett. CCA 39510.
Interlocutory Orders
No.
20-0142/CG. U.S. v. Koda M. Harpole.
CCA 1420. Appellant's motion to extend time to file the supplement to the petition
for grant of review is granted to March 9, 2020.
No.
20-0143/MC. U.S. v. Edgar F. Hernandez-Ramirez. CCA 201800364. Appellant's motion
to extend time to file the supplement to the petition for grant of review is
granted to March 9, 2020.
No.
20-0144/AR. U.S. v. Muhammad M. McCorkle. CCA 20180602. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to March 2, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 14, 2020
Petitions for Grant of Review Filed
No.
20-0142/CG. U.S. v. Koda M. Harpole.
CCA 1420.
No.
20-0143/MC. U.S. v. Edgar F. Hernandez-Ramirez. CCA 201800364.
Petitions for Grant of Review Denied
No.
20-0076/AF. U.S. v. Matthew C. Smith. CCA 39463.
No.
20-0086/AF. U.S. v. John W. Braddock. CCA 39465.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 13, 2020
Petition for Grant of Review Filed
No.
20-0141/AR. U.S. v. Tyler A. Waters. CCA 20190212.
Interlocutory Order
No.
20-0137/AR. U.S. v. Chey L. Williams. CCA 20180109. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to March 4, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 12, 2020
Petition for Grant of
Review Denied
No.
20-0094/AR. U.S. v. Jesus B. Dominguez. CCA 20190145.
Order Granting Petition
for Review
No. 20-0047/AR. U.S. v.
Jacob G. Griego.
CCA 20160487. 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,
AFTER SETTING ASIDE ONE SPECIFICATION AND THE CONVENING AUTHORITY'S ACTION AND
RETURNING THE RECORD FOR A NEW SJAR AND ACTION, A SERVICE COURT OF CRIMINAL
APPEALS WAS AUTHORIZED TO LIMIT THE LAWFUL SENTENCE TO CONFINEMENT THAT THE
CONVENING AUTHORITY MAY APPROVE.
No
briefs will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 11, 2020
Petitions for Grant of Review Denied
No.
20-0065/AF. U.S. v. Michael J. Turpiano. CCA 38873.
No.
20-0068/MC. U.S. v. Joshua P. Hill. CCA 201800161.
No.
20-0078/AF. U.S. v. Cameron A. Owens. CCA 39457.
Interlocutory Orders
No.
19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. Appellant's motion to
extend time to file a reply brief is granted to February 28, 2020.
No.
20-0066/AR. U.S. v. Joseph L. Simmons. CCA 20180061. Appellant's fifth motion
to extend time to file the supplement to the petition for grant of review is
granted, up to and including March 2, 2020, and that absent further
extraordinary circumstances, no further enlargement of time will be granted in
this case.
No.
20-0138/AR. U.S. v. Casey B. Roberts. CCA 20150023. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to March 2, 2020.
Hearings
No.
19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023.
No.
19-0382/AR. U.S. v. Gerald R. Carter, Jr. CCA 20160770.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 10, 2020
Petitions for Grant of Review Filed
No.
20-0137/AR. U.S. v. Chey L. Williams. CCA 20180109.
No.
20-0138/AR. U.S. v. Casey B. Roberts. CCA 20150023.
No.
20-0139/AF. U.S. v. John W. Estabrook. CCA 39667.
No.
20-0140/AR. U.S. v. Dale M. Peterson. CCA 20190364.
Petitions for Grant of Review Denied
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.
20-0049/AR. U.S. v. Deontravious J. Abner. CCA 20180445.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 7, 2020
Petitions for Grant of Review Filed
No.
20-0133/AR. U.S. v. Shaquilla N. Salmon. CCA
20190228.
No.
20-0134/AR. U.S. v. Justin F. Volkmuth. CCA 20190286.
No.
20-0135/AR. U.S. v. Charles E. Robinson III. CCA 20170536.
No.
20-0136/AR. U.S. v. William T. Baribeau. CCA
20190099.
Miscellaneous Docket - Summary
Dispositions
No. 20-0122/AR. Mathew T. Whitney,
Petitioner v. United States, Respondent. CCA 20150119. On consideration of
the petition for extraordinary relief in the nature of a writ of habeas corpus,
it is ordered that the petition is dismissed for lack of jurisdiction.
No. 20-0123/AR. Mathew T. Whitney,
Petitioner v. United States, Respondent. CCA 20150119. On consideration of
the petition for extraordinary relief in the nature of a writ of coram nobis and mandamus, it is
ordered that the petition is denied.
Interlocutory Order
No.
20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038. Appellant's motion to
extend time to file a brief is granted to March 11, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 6, 2020
Petition for Grant of Review Denied
No.
20-0095/AF. U.S. v. Jamie L. Kilduff. CCA S32548.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 5, 2020
Petitions for Grant of Review Filed
No.
20-0130/AR. U.S. v. James R. Leigh. CCA 20190151.
No.
20-0131/AR. U.S. v. Nathen E. Fielder. CCA 20190534.
No.
20-0132/AR. U.S. v. Elijah A. Macias. CCA 20190427.
Petition for Grant of Review Denied
No.
20-0036/AR. U.S. v. Daniel I. Avila. CCA 20160200.
Order Granting Petition for Review
No. 19-0449/AF. U.S. v. Ladarion D. Stanton. CCA 39161. 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:
THE
CONVENING AUTHORITY AND APPELLANT ENTERED INTO AN AGREEMENT THAT APPELLANT
WOULD BE ADMINISTRATIVELY DISCHARGED IN LIEU OF THE SENTENCE REHEARING
AUTHORIZED BY THE LOWER COURT. THE CONVENING AUTHORITY THEN PROCEEDED WITH
APPELLANT'S COURT-MARTIAL BY APPROVING A SENTENCE OF "NO PUNISHMENT" AND
FORWARDING THIS CASE TO THE LOWER COURT FOR FURTHER APPELLATE REVIEW. SHOULD
THIS CASE BE DISMISSED WITH PREJUDICE FOR BREACH OF A MATERIAL TERM OF
APPELLANT'S PRETRIAL AGREEMENT WITH THE CONVENING AUTHORITY?
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 4, 2020
Petition for Grant of Review Filed
No.
20-0129/AR. U.S. v. John T. Skipper. CCA 20180226.
Interlocutory Order
No.
20-0127/AF. U.S. v. Johnathan G. Rankin. CCA 39486. Appellant's motion to
extend time to file the supplement to the petition for grant of review
is granted to February 24, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 3, 2020
Petitions for Grant of Review Filed
No.
20-0126/AF. U.S. v. Austin D. Wetuski. CCA 39485.
No.
20-0127/AF. U.S. v. Johnathan G. Rankin. CCA 39486.
No.
20-0128/AR. U.S. v. Jesse P. Smith. CCA 20180443.
Petitions for Grant of Review Denied
No.
19-0465/AR. U.S. v. Reginald D. Brown, Jr. CCA 20180176.
No.
20-0014/AR. U.S. v. John A. Hayes. CCA 20180165.
No.
20-0067/AR. U.S. v. Ryan A. Salinas. CCA 20190058.
Interlocutory Orders
No.
20-0109/AR. U.S. v. Ricardo L. Gracia. CCA 20170171. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to February 20, 2020.
No.
20-0119/AR. U.S. v. Antonio T. Moore. CCA 20180692. Appellant's motion for a
stay of the trial proceedings is granted, and the trial proceedings are stayed
pending further order of the Court.
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