UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 31, 2020
Petition for Grant of Review Filed
No.
20-0125/AR. U.S. v. Malcolm T. Ervin. CCA 20190409.
Petition for Grant of Review Denied
No.
20-0048/AR. U. S. v. Jonathan R. Tice. CCA 20190053.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 30, 2020
Petition for Grant of Review Filed
No.
20-0124/AR. U.S. v. Derrick J. Wiebe. CCA 20190233.
Miscellaneous Docket - Filings
No.
20-0122/AR. U.S. v. Mathew T. Whitney. CCA 20150119. Notice is given that a
petition for extraordinary relief in the nature of a writ of habeas corpus was
filed under Rule 27(a) on this date.
No.
20-0123/AR. U.S. v. Mathew T. Whitney. CCA 20150119. Notice is given that a petition
for extraordinary relief in the nature of a writ of mandamus was filed under
Rule 27(a) on this date.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 29, 2020
Petition for Grant of Review Denied
No.
20-0087/MC. U.S. v. Alex Sanchez. CCA 201900150.
Interlocutory Orders
No.
19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. Appellant's motion to
substitute corrected pages in the joint appendix is granted.
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.
Appellant's motion for leave to file the Calley Case
White House Memorandum is denied.
No.
20-0066/AR. U.S. v. Joseph L. Simmons. CCA 20180061. Appellant's fourth motion
to extend time to file the supplement to the petition for grant of review is
granted, up to an including February 18, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 28, 2020
Petitions for Grant of Review Denied
No.
20-0080/AR. U.S. v. Randy T. Alexander. CCA 20190336.
No.
20-0081/AR. U.S. v. Terrence D. Neal. CCA 20180565.
Interlocutory Order
No.
19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. On consideration of
Appellee's motion to return or strike Appellant's brief for non-compliance with
this Court's rules, it is ordered that the motion is granted in part, regarding
Appellant's citation to the Diatherix manual found on
pages 10, 11, 12, and 51 of his brief, that the motion is denied in part,
regarding Appellant's citation to Thinking, Fast and Slow, and the brief
is returned to Appellant to refile a brief that complies with this Order on or
before February 5, 2020.
Petition for Reconsideration Denied
No.
19-0440/AR. U.S. v. Aaron J. Whitman. CCA 20170550. Appellant's petition for
reconsideration of this Court's order issued December 20, 2019 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
January 27, 2020
Petitions for Grant of Review Filed
No.
20-0120/AF. U.S. v. Christopher D. Plourde. CCA
39478.
No.
20-0121/NA. U.S. v. Cheveaux Dawkins. CCA 201800057.
Petitions for Grant of Review Denied
No.
19-0421/NA. U.S. v. William A. Shields III. CCA 201600133.
No.
20-0060/AR. U.S. v. Ricardo M. Blenman. CCA 20180177.
Interlocutory Order
No.
20-0121/NA. U.S. v. Cheveaux Dawkins. CCA 201800057.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to February 18, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 24, 2020
Petition for Grant of Review Filed
No.
20-0118/AR. U.S. v. Raekwon D. Miller. CCA 20190627.
Certificate for Review Filed
No. 20-0119/AR. U.S. v. Antonio
T. Moore. CCA 20180692. Notice is hereby given that a certificate for review of
the decision of the United States Army Court of Criminal Appeals and supporting
brief were filed under Rule 22 on this date on the following issue:
DID
THE ARMY COURT ERR WHEN, UPON RECONSIDERATION, IT DETERMINED THAT THE 5-YEAR
STATUTE OF LIMITATIONS BARRED THE REHEARING OF THE TWO SEXUAL ASSAULT
SPECIFICATIONS?
Appellee will file an answer under Rule 22(b) on or before the 3rd day of February, 2020.
Interlocutory Orders
No.
20-0090/AR. U.S. v. Jesus D. Cardenas. CCA 20180416. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to February 11, 2020.
No.
20-0117/AF. U.S. v. Timothy M. Wilsey. CCA 39525. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to February 13, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 23, 2020
Petitions for Grant of Review Filed
No.
20-0116/AF. U.S. v. Luis F. Santos, Jr. CCA 39019.
No.
20-0117/AF. U.S. v. Timothy M. Wilsey. CCA 39525.
Petitions for Grant of Review Denied
No.
20-0059/AR. U.S. v. Luis A. Rodriguez, Jr. CCA 20180138.
No.
20-0073/AR. U.S. v. Justin A. Lynch. CCA 20180487.
No.
20-0075/AR. U.S. v. Damian M. Taylor. CCA 2018030
No.
20-0079/AR. U.S. v. Johnathan J. Lehr. CCA 20190457.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 22, 2020
Petitions for Grant of Review Filed
No.
20-0114/AR. U.S. v. Jonathan M. Spivey. CCA 20180613.
No.
20-0115/AF. U.S. v. Emmanuel J. Caldwell. CCA S32561.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 21, 2020
Petition for Grant of Review Filed
No.
20-0113/AR. U.S. v. Pedro J. Martinez III. CCA 20190038.
Petition for Grant of Review - Summary
Disposition
No. 20-0074/AR. U.S. v. Kyle C. Pressey. CCA 20180394. 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
85" after "Additional Charge III" to "Article 95."
Orders Granting Petition for Review
No. 20-0006/NA. U.S. v. Matthew D.
Norwood. CCA 201800038. 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. WHETHER THE MILITARY JUDGE ERRED IN
ADMITTING, OVER DEFENSE OBJECTION, THE ENTIRE VIDEO-RECORDED INTERVIEW OF THE
COMPLAINING WITNESS UNDER MRE 801(d)(1)(B)(ii) AS A PRIOR CONSISTENT STATEMENT.
II. WHETHER THE
GOVERNMENT TRIAL COUNSEL'S ARGUMENTS AMOUNTED TO PROSECUTORIAL MISCONDUCT THAT
WARRANTS RELIEF.
Briefs
will be filed under Rule 25.
No. 20-0019/AF. U.S. v. Jared D. Bavender. CCA 39390. 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 MILITARY JUDGE ERRED WHEN HE DENIED THE DEFENSE MOTION TO SUPPRESS EVIDENCE
LOCATED ON APPELLANT'S DIGITAL MEDIA.
Briefs
will be filed under Rule 25.
No. 20-0033/AR. U.S. v. Thomas Ayala.
CCA 20170336.
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 HIS DISCRETION IN ADMITTING THE VICTIM'S PRIOR
CONSISTENT STATEMENTS UNDER MIL. R. EVID. 801(d)(1)(B)(i) AND 801(d)(1)(B)(ii).
No
briefs will be filed under Rule 25.
Interlocutory Orders
No.
19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. Appellee's motion to
extend time to file a brief is granted to February 10, 2020.
No.
20-0099/MC. U.S. v. Juan C. Carrillo. CCA 9900334. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to February
18, 2020.
No.
20-0112/AR. U.S. v. Deques A. Smith. CCA 20180156.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to February 10, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 17, 2020
Petitions for Grant of Review Filed
No.
20-0110/AR. U.S. v. Parker E. Liscano. CCA 20190244.
No.
20-0111/MC. U.S. v. Joshua W. Taylor. CCA 201900172.
No.
20-0112/AR. U.S. v. Deques A. Smith. CCA 20180156.
Petition for Grant of Review Denied
No.
20-0070/AR. U.S. v. Austin L. Harris. CCA 20190060.
Interlocutory Orders
No.
19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. Appellant's third motion to
extend time to file a brief is granted, up to and including February 3, 2020,
that the brief will be filed in compliance with the requirements of the Rules
of Practice and Procedure, U.S.C.A.A.F., including Rule 13, and that no further
enlargement of time will be granted to Appellant in this case.
No.
20-0066/AR. U.S. v. Joseph L. Simmons. CCA 20180061. Appellant's third motion
to extend time to file the supplement to the petition for grant of review is
granted, up to an including February 4, 2020, and that absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
20-0083/NA. U.S. v. Michael A. Marquez. CCA 201800198. Appellant's motion to
for leave to file the supplement to the petition for grant of review under seal
is granted.
No.
20-0098/AR. U.S. V. Luke D. English. CCA 20160510. Appellant's motion to submit
matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.
No.
20-0108/AR. U.S. v. Kevin A. Pearson. CCA 20170515. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to February 6, 2020.
No.
20-0109/AR. U. S. v. Ricardo L. Gracia. CCA 20170171.
Appellant' motion to extend time to file the supplement to the petition for
grant of review is granted to February 6, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 16, 2020
Petitions for Grant of Review Filed
No.
20-0106/AR. U.S. v. Jabrial L. Hancock. CCA 20190088.
No.
20-0107/AR. U.S. v. Joshua T. Kamis. CCA 20190055.
No.
20-0108/AR. U.S. v. Kevin A. Pearson. CCA 20170515.
No.
20-0109/AR. United States v. Ricardo L. Gracia. CCA 20170171.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 15, 2020
Petitions for Grant of Review Filed
No.
20-0103/AR. U.S. v. Joshua C. Beckhart. CCA 20190551.
No.
20-0104/AR. U.S. v. Deven L. Vandeneynde.
CCA 20190501.
No.
20-0105/AR. U.S. v. James R. Rochelle. CCA 20190159.
Petition for Grant of Review Denied
No.
20-0064/AR. U.S. v. Anthony A. Andriolo. CCA
20190180.
Hearings
No.
19-0252/AR. U.S. v. Tyler Washington. CCA 20170329.
No.
19-0259/AR. U.S. v. Robert S. Avery. CCA 20140202.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 14, 2020
Petitions for Grant of Review Denied
No.
20-0052/AF. U.S. v. Joseph A. Ballard. CCA 39440.
No.
20-0057/AR. U.S. v. Sheldon P. Baxter. CCA 20190412.
No.
20-0063/AF. U.S. v. Bianca R. Acevedopelliccia. CCA
39624.
Hearings
No.
19-0143/AR. U.S. v. Corey N. Wall. CCA 20160235.
No.
19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
January 13, 2020
Petition for Grant of Review Filed
No.
20-0102/AF. U.S. v. Marrea R. Garrett. CCA 39510.
Interlocutory Orders
No.
19-0335/AR. U.S. v. Rene G. Fuentes. CCA 20170390. On consideration of
Appellant's motion to file a petition for reconsideration out of time and the
petition for reconsideration, it is ordered that the motion is denied, and the petition
for reconsideration is denied as moot.
No.
19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023. Appellee's motion to
submit documents in compliance with the Court's order issued December 11, 2019
is granted.
No.
20-0068/MC. U.S. v. Joshua P. Hill. CCA 201800161. On consideration of the
motion filed by Captain Nicholas S. Mote, for leave to withdraw as appellate
defense counsel, it appears that the Judge Advocate General has assigned
another counsel to represent Appellant and that the new attorney has assumed
the representation of said Appellant. Accordingly, it is ordered that the
motion is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 9, 2020
Petition for Grant of Review Filed
No.
20-0101/AR. U.S. v. Hannah M. Woods. CCA 20190572.
Petition for Grant of Review Denied
No.
19-0450/MC. U.S. v. Jonathan D. Gurfein. CCA
201700345.
Interlocutory Order
No.
20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038. On consideration of the
motion filed by Captain Nicholas S. Mote, for leave to withdraw as appellate
defense counsel, it appears that the Judge Advocate General has assigned
another counsel to represent Appellant and that the new attorney has assumed
the representation of said Appellant. Accordingly, it is ordered that the
motion is granted.
Petition for Reconsideration Denied
No.
19-0463/NA. U.S. v. Adam J. Ravenscraft. CCA
201600018. On consideration of Appellant's petition for reconsideration of this
Court's order issued December 4, 2019, it is ordered that the petition for
reconsideration is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 8, 2020
Petitions for Grant of Review Filed
No.
20-0099/MC. U.S. v. Juan C. Carrillo. CCA 9900334.
No.
20-0100/AR. U.S. v. Nicolas J. Blevins. CCA 20180239.
Petitions for Grant of Review Denied
No.
20-0061/AR. U.S. v. Zachary R. Shrader. CCA 20190243.
No.
20-0062/AR. U.S. v. Jeremy L. Kear. CCA 20190346.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 7, 2020
Petitions for Grant of Review Denied
No.
19-0443/AR. U.S. v. Corry P. Brooks. CCA 20170087.
No.
20-0039/AF. U.S. v. Eric W. Mote. CCA 39462.
Interlocutory Orders
No.
19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704. Appellant's motion to extend
time to file a brief is granted to January 23, 2020.
No.
19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246. Appellant's second
motion to extend time to file a reply brief is granted to January 17, 2020.
No.
20-0058/AF. U.S. v. Damion M. Yates. CCA 39444. Appellant's third motion to
extend time to file the supplement to the petition for grant of review is
granted, up to and including January 17, 2020, and that absent extraordinary
circumstances, no further extension of time will be granted in this case.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
January 6, 2020
Petitions for Grant of Review Filed
No.
20-0092/AR. U.S. v. Jacob M. Miller. CCA 20180101.
No.
20-0093/AR. U.S. v. Robert J. Weinreis. CCA 20180586.
No.
20-0094/AR. U.S. v. Jesus B. Dominguez. CCA 20190145.
No.
20-0095/AF. U.S. v. Jamie L. Kilduff. CCA S32548.
No.
20-0096/AR. U.S. v. Derick L. Stark. CCA 20190378.
No.
20-0097/AR. U.S. v. Michael G. Addesso II. CCA 20190101.
No.
20-0098/AR. U.S. V. Luke D. English. CCA 20160510.
Petition for Grant of Review Denied
No.
20-0042/AR. U.S. v. Latyra G. Morgan. CCA 20190020.
Special Docket Matters
No.
11875. In the matter of Michael F. Fasanaro, Jr. It appearing that the above-named attorney
is a member of the Bar of this Court and that he has been disbarred in the
Commonwealth of Virginia, and considering Rule 15(b), Rules of Practice and
Procedure, U.S. Court of Appeals for the Armed Forces, it is ordered that Michael F. Fasanaro,
Jr. is disbarred from the practice of law before this Court effective the date
of this Order.
No.
32943. In the matter of Michael Sprei. It appearing that the above-named attorney is a member of the Bar
of this Court and that he has been disbarred in the state of New York since 2013,
and considering his posture with regard to the application of Rule 15, Rules of
Practice and Procedure, U.S. Court of Appeals for the Armed Forces, it is
ordered that
Michael Sprei is disbarred from the practice of law before this Court effective
the date of this Order.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 3, 2020
Petitions for Grant of Review Filed
No.
20-0091/AR. U.S. v. Jeremiah W. Rapmund. CCA
20170564.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 2, 2020
Petition for Grant of Review Filed
No.
20-0090/AR. U.S. v. Jesus D. Cardenas. CCA 20180416.
Petitions for Grant of Review Denied
No.
19-0448/AR. U.S. v. Samuel E. Solero. CCA 20170546.
No.
20-0031/AR. U.S. v. William T. Barksdale III. CCA 20170090.
No.
20-0050/AR. U.S. v. Trenton M. Lawrence. CCA 20180351.
No.
20-0054/AR. U.S. v. Matthew S. Counter. CCA 20180453.
No.
20-0056/AF. U.S. v. Jason L. Cummings. CCA 39446.
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