UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-154
Tuesday, April 30,
2013
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0283/AF. U.S. v. Timothy L. MERRITT. CCA 37608.
Review granted on the following issues:
I. WHETHER APPELLANT'S CONSTITUTIONAL RIGHT TO
FAIR NOTICE THAT AN ACT IS CRIMINAL WAS VIOLATED IN SPECIFICATION 2 OF THE
CHARGE, WHERE THE ALLEGED OFFENSE OCCURRED IN MAY 2006 BUT CONGRESS DID NOT
CRIMINALIZE THE INTENTIONAL VIEWING OF CHILD PORNOGRAPHY UNTIL OCTOBER 2008.
II. WHETHER APPELLANT'S DUE PROCESS RIGHT TO
TIMELY APPELLATE REVIEW WAS VIOLATED WHERE THE AIR FORCE COURT DECIDED
APPELLANT'S CASE ONE THOUSAND AND TWENTY-FOUR DAYS AFTER IT WAS DOCKETED.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0260/AR. U.S. v. Patrick A. FAUST. CCA 20090080.
No. 13-0334/AF. U.S. v. Joshua D. HALL. CCA 37700.
No. 13-0357/AR. U.S. v. Bob L. WHITFIELD. CCA 20100774.
No. 13-0367/AR. U.S. v. Jeffrey A. WEDLUND. CCA 20110637.
No. 13-0375/AR. U.S. v. Brandon M. WYSONG. CCA 20120162.
No. 13-0376/AR. U.S. v. Cordric L. COLEMAN. CCA 20110740.
No. 13-0381/AF. U.S. v. Kevin M. BOOKS. CCA 37938.
No. 13-0382/AF. U.S. v. Travis S. HAYNES. CCA S31927.
No. 13-0385/AF. U.S. v. Mathew T. REINDL. CCA S31993.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 13-8034/AF. In re Dennis D. KELLER,
Petitioner. Notice is hereby
given that a petition for extraordinary relief in the nature of a writ of
habeas corpus or, in the alternative, a writ of mandamus was filed under Rule
27(a) on this date.
INTERLOCUTORY
ORDERS
No. 13-0430/NA. U.S. v. Joshua P. JACKSON. CCA 201200418. Appellant's motion to correct errata is granted.
No. 13-0460/NA. U.S. v. Ryan L.
SANSCHAGRIN. CCA
201200333. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to May 20, 2013.
No. 13-0461/AR. U.S. v. Brian S. MULLINS. CCA 20110133. Appellant's motion to extend time to file the supplement
to the petition for grant of review granted to May 20, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-153
Monday, April 29,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0460/NA. U.S. v. Ryan L. SANSCHAGRIN. CCA 201200333.
No. 13-0461/AR. U.S. v. Brian S. MULLINS. CCA 20110133.
No. 13-0462/AR. U.S. v. Michael A.
WILLIAMSON. CCA 20110881.
No. 13-0463/AR. U.S. v. Andre L. MAY. CCA 20120752.
No. 13-0464/AR. U.S. v. Michael D. STIMPEL. CCA 20100310.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-152
Friday, April 26,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0274/AF. U.S. v. Steven J. DIMATTEO. CCA 37552.
No. 13-0294/AR. U.S. v. Michael T. GLAD. CCA 20110066.
No. 13-0297/NA. U.S. v. Stetson O. HOLMES. CCA 201100602.
No. 13-0322/AR. U.S. v. Juan J. ESTRADA. CCA 20120638.
No. 13-0360/AF. U.S. v. Corey A.H. BOLIEAU. CCA 37836.
No. 13-0361/AR. U.S. v. Justin A. PEAVY. CCA 20110884.
No. 13-0362/AR. U.S. v. Daniel A. WILDMAN. CCA 20120388.
No. 13-0365/AF. U.S. v. Scott A. KLEIN. CCA 37833.
No. 13-0366/AR. U.S. v. Roberto A. ROMERO. CCA 20111109.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0457/AR. U.S. v. James A.L. MEASE. CCA 20120651.
No.
13-0458/AR. U.S. v. Christopher R.
JACKSON. CCA 20110579.
No. 13-0459/AR. U.S. v. Rollan
D. MEAD. CCA 20110717.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-151
Thursday, April 25,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No.
13-0454/AR. U.S. v. Timothey
R. McCRARY, Jr. CCA 20120587.
No.
13-0455/AR. U.S. v. Steven A. WILLIAMS. CCA 20110632.
No. 13-0456/AF. U.S. v. Joseph R. SHOCKLEY. CCA 37884.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-150
Wednesday, April 24, 2013
APPEALS-SUMMARY
DISPOSITIONS
No. 13-0295/AR. U.S. v. Leslie BEASLEY.
CCA
20110616. 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 hereby granted, and the decision of the United States Army Court of
Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
* It is directed that
the promulgating order be corrected to reflect that Appellant pleaded guilty to
and was found guilty of Specification 1 of Charge II.
No. 13-0370/AR. U.S. v. Anthony M. SAWYERS. CCA 20111065. 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
hereby granted, and the decision of the United States Army Court of Criminal
Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
* It is directed that
the promulgating order be corrected to reflect the amended portion of
Specification 3 of Charge II to allege: "In that Sergeant (E-5) Anthony M.
Sawyers, U.S. Army, then Sergeant (E-5) Anthony M. Sawyers, U.S. Marine Corps,
did, at or near Camp Lejeune, North Carolina, between
on or about 1 January 2007 and on or about 30 September 2007, on divers
occasions, commit an indecent act with S.M.M., a
female under 16 years of age, not the wife of the said Anthony M. Sawyers, by
placing his hands upon her groin, with intent to arouse the sexual desire of
the said S.M.M. and the said Sergeant Anthony M.
Sawyers, such conduct being of a nature to bring discredit upon the Armed
Forces."
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0295/AR. U.S. v. Leslie BEASLEY.
CCA
20110616. [See also
APPEALS-SUMMARY DISPOSITIONS this date.]
No. 13-0332/MC. U.S. v. Chad J. BATCHELDER. CCA 201200180. Review granted on the following issue:
AN ACCUSED HAS A
CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE.
APPELLANT WAS SENTENCED BY A MILITARY JUDGE WHO LATER STATED THAT
DEFENDANTS ARE GUILTY, REFERRED TO DEFENDANTS AS SCUMBAGS, AND STATED THAT
DEFENDANTS NEED TO BE CRUSHED. WAS
APPELLANT DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE?
No briefs will be
filed under Rule 25.
No. 13-0352/MC. U.S. v. Michael A. ARNOLD. CCA 201200382.
Review granted on the following issue:
AN ACCUSED HAS A
CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE.
APPELLANT WAS SENTENCED BY A MILITARY JUDGE WHO LATER STATED THAT
DEFENDANTS ARE GUILTY, REFERRED TO DEFENDANTS AS SCUMBAGS, AND STATED THAT
DEFENDANTS NEED TO BE CRUSHED. WAS
APPELLANT DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE?
No briefs will be
filed under Rule 25.
No. 13-0370/AR. U.S. v. Anthony M. SAWYERS.
CCA
20111065. [See also
APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0341/AF. U.S. v. Frank R. SMITH, Jr. CCA 37879.
No. 13-0354/AR. U.S. v. Blaine J. FRANKLIN. CCA 20100861.
No. 12-0377/AR. U.S. v. Randy A. GIDDENS. CCA 20090598.
PETITIONS
FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 13-0377/AF. U.S. v. Bobbie J.
ARRINGTON. CCA 37698. On consideration of Appellee's motion to dismiss the
petition for grant of review, motion for an enlargement of time to file an
answer to the supplement to the petition for grant of review and motion to
supplement the record, it is ordered that said motion to dismiss the petition
for grant of review is hereby granted without prejudice, and that said motions
for an enlargement of time to file an answer to the supplement to the petition
for grant of review and to supplement the record are
hereby denied as moot.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0452/AR. U.S. v. Danielle R.
JOHNSON. CCA 20111159.
No. 13-0453/AF. U.S. v. Shawn T. HAWES. CCA S31962.
INTERLOCUTORY
ORDERS
No. 10-0483/AR. U.S. v. David C. ELLERBROCK. CCA 20070925.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted, but
only up to and including May 8, 2013, and 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
No. 13-149
Tuesday, April 23,
2013
ORDERS
GRANTING PETITION FOR REVIEW
No. 10-5004/AF. U.S. v. Ryan D. HUMPHRIES. CCA 37491. Review granted on the following issue:
WHETHER THE MILITARY
JUDGE ERRED BY FAILING TO INSTRUCT THE MEMBERS ON THE FACTORS IDENTIFIED BY UNITED
STATES v. MARCUM THAT ALLOW AN ACT OF CONSENSUAL SODOMY TO BE CRIMINALIZED
IN THE MILITARY.
No briefs will be
filed under Rule 25.
No. 11-0537/MC. U.S. v. Christopher M.
HARRIS. CCA 201000341.
Review granted on the following issue:
WHETHER THE
GOVERNMENT'S FAILURE TO ALLEGE THE TERMINAL ELEMENT IN SPECIFICATION 2 OF
CHARGE III RESULTED IN MATERIAL PREJUDICE TO APPELLANT'S CONSTITUTIONAL RIGHT
TO NOTICE.
No briefs will be
file under Rule 25.
No. 13-0240/AR. U.S. v. Bradley G. HOWARD. CCA 20110109. Review granted on the following issue:
WHETHER APPELLANT'S
CONVICTIONS UNDER ARTICLE 120(k), UCMJ, FOR ENGAGING
IN SEXUAL RELATIONS IN THE PRESENCE OF OTHERS VIOLATES THE DUE PROCESS CLAUSE
OF THE FIFTH AMENDMENT IN LIGHT OF LAWRENCE v. TEXAS, 539 U.S. 558
(2003).
No briefs will be
file under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0358/AR. U.S. v. Nicholas A.
CASSATA. CCA 20120434.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0450/AR. U.S. v. Courtney M.
JOHNSON. CCA 20120419.
No. 13-0451/AR. U.S. v. Robert S.
FERGUSSON. CCA 20110539.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
INTERLOCUTORY
ORDERS
No. 12-0658/AR. U.S. v. John RON. CCA 20100599. Appellant's
motion to file additional matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.
No. 13-0321/NA. U.S. v. Christopher R.
MORGAN. CCA 201200141. Appellee's motion to
extend time to file an answer to the supplement to the petition for grant of
review granted to April 29, 2013.
No. 13-0387/AR. U.S. v. David M. DERJAN. CCA 20101039.
Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted,
but only up to and including May 7,
2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 13-0388/AR. U.S. v. Zakaria
H. LOUTFI.
CCA
20100489. Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted, but
only up to and including May 7, 2013, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 13-0390/AR. U.S. v. Dyana
T. THOMAS. CCA 20100182. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted, up
to and including May 7, 2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 13-0392/AR. U.S. v. Kenneth F. PAPALEO II. CCA 20110977.
Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted,
up to and including May 7, 2013,
and absent extraordinary circumstances,
no further extension of time will be granted in this case.
No. 13-0446/AR. U.S. v. William S. HARTGROVE. CCA 20100743.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to May 13, 2013.
No. 13-8032/NA. Bradley A. MORALES, Appellant, v. Colonel
Eric Belcher, in his official capacity as Commandant, United States
Disciplinary Barracks, Fort Leavenworth, Kansas, and the United States, Appellees. Appellees' motion to extend time to file an answer to the
writ-appeal petition granted to May 9, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-148
Monday, April 22,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0339/AF. U.S. v. Timothy B. HELMS. CCA S31963.
No. 13-0355/AR. U.S. v. George D.L. STARR. CCA 20110908.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 11-0104/AF. U.S. v. Edward T. HUDSON. CCA 37249.*
No. 13-0446/AR. U.S. v. William S. HARTGROVE. CCA 20100743.
No. 13-0447/AF. U.S. v. Scott M. BRUNS. CCA S32030.
No. 13-0448/AR. U.S. v. Marcos W. TORRES. CCA 20110898.
No. 13-0449/AF. U.S. v. Brian D. GARRIGAN. CCA 37920.
MISCELLANEOUS
DOCKET - FILINGS
___________________________________
*
Fourth
petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-147
Friday, April 19,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0172/NA. U.S. v. Austin A. MILES. CCA 201100578.
No. 13-0243/AF. U.S. v. Brian J. GERDS. CCA 37734.
No. 13-0287/AR. U.S. v. Jeremiah J. REED. CCA 20110878.
No. 13-0314/NA. U.S. v. Edmund L. GREENE. CCA 201200105.
No. 13-0317/AR. U.S. v. Brian J. RIEF. CCA 20120515.
No. 13-0320/AR. U.S. v. Jessie A. RUIZ. CCA 20111051.
No. 13-0326/AR. U.S. v. Dustin R. BASSHAM. CCA 20120252.
No. 13-0328/AR. U.S. v. Darrius T. WILSON. CCA 20101034.
No. 13-0344/AF. U.S. v. Charles D. MOORE. CCA 37968.
No. 13-0346/AF. U.S. v. Andrew T. PICKREL. CCA 380148.
No. 13-0347/AF. U.S. v. Yolanda HIGH. CCA 37777.
No. 13-0350/AF. U.S. v. Melissa A. CORDERO. CCA 37828.
No. 13-0351/AF. U.S. v. Corey D. S.
HERNANDEZ. CCA
37741.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0444/MC. U.S. v. Steven W. MYRICK. CCA 201200404.
No. 13-0445/MC. U.S. v. Erik J. ELLIS. CCA 201200406.
INTERLOCUTORY
ORDERS
No. 13-0270/MC. U.S. v. Bryan B. HARRIS. CCA 201200274. On consideration of Appellant's motion to withdraw the petition for grant of
review, it is ordered that said motion to withdraw the
petition is denied without prejudice to the filing of a subsequent motion to
withdraw the petition that complies with Rule 21(f), Rules of Practice and
Procedure. If appellate defense counsel
is unable to comply with Rule 21(f), counsel may submit a subsequent motion to
withdraw the petition that provides good cause for non-compliance accompanied
by a separate motion under Rule 30 for leave to file a declaration explaining
the efforts counsel has made to contact the Appellant. Appellate defense counsel shall comply with
this order within 15 days.
MANDATES
ISSUED
No. 12-0398/AR. U.S. v. Ryan A. BOWERSOX. CCA 20100580.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-146
Thursday, April 18,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0693/AR. U.S. v. Bradley O. TEMPLE. CCA 20090883.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241.
No. 13-0443/AR. U.S. v. Dustin R. HOGAN. CCA 20110172.
PETITIONS
FOR RECONSIDERATION DENIED
No. 13-0215/AF. U.S. v. Barry N. NIXON, Sr. CCA 37622. On consideration of
Appellant's petition for reconsideration of this Court's order issued on April
3, 2013, it is ordered that said petition for reconsideration is hereby denied.
No. 13-0104/MC. U.S. v. Dustin D. KISH. CCA 201100404. On consideration of Appellee's petition for reconsideration of this Court's order issued on March 14, 2013, it is ordered that said petition for reconsideration is hereby denied.
INTERLOCUTORY
ORDERS
13-0198/AR. U.S. v. Jayson L. STEAR. CCA 20100419. On consideration of Appellant's motion to file an additional matter pursuant to
United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), out of
time, it is ordered that said motion is hereby denied.
No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to May 8, 2013.
No. 13-0443/AR. U.S. v. Dustin R. HOGAN. CCA 20110172. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to May 8, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-145
Wednesday, April 17,
2013
ORDERS
GRANTING PETITION FOR REVIEW
No. 11-0280/AR. U.S. v. Douglas K.
WINCKELMANN. CCA 20070243. Review granted on the following issue:
WHETHER THE ARMY
COURT OF CRIMINAL APPEALS, AFTER DISAPPROVING THE FINDINGS OF GUILTY FOR CHARGE
IV AND ITS SPECIFICATIONS AND AFTER CONSIDERING THIS HONORABLE COURT'S DECISION
DISMISSING SPECIFICATION 3 OF CHARGE III, ERRED BY REASSESSING APPELLANT'S
SENTENCE TO CONFINEMENT, FIRST FROM 31 YEARS TO 20 YEARS (IN THEIR INITIAL
DECISION), AND THEN FROM 20 YEARS TO 11 YEARS (IN A SUBSEQUENT DECISION),
RATHER THAN DIRECTING A SENTENCE REHEARING.
Briefs will be filed
under Rule 25.
No. 12-0428/MC. U.S. v. Stephen J. MCGUIRE. CCA 201000611.
Review granted on the following issue:
WHETHER
THE TWO ARTICLE 134 SPECIFICATIONS UNDER CHARGE III ARE PREJUDICIALLY DEFECTIVE
BECAUSE THEY DO NOT ALLEGE, EXPRESSLY OR BY NECESSARY IMPLICATION, THE TERMINAL
ELEMENT.
Briefs will be filed
under Rule 25.
No. 12-0448/MC. U.S. v. Jonathan E. LONSFORD. CCA 201100022. Review granted on the following issue:
WHETHER, UNDER THIS
COURT'S DECISIONS IN UNITED STATES v. FOSLER,
70 M.J. 225 (C.A.A.F.
2011), UNITED STATES v. BALLAN, 71 M.J. 28 (C.A.A.F. 2012), AND UNITED
STATES v. HUMPHRIES, 71 M.J. 209 (C.A.A.F. 2012), APPELLANT SUFFERED MATERIAL PREJUDICE TO A
SUBSTANTIAL RIGHT WHEN HE WAS CONVICTED UNDER TWO ADULTERY SPECIFICATIONS THAT
FAILED TO ALLEGE THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ.
No briefs will be
filed under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0306/AF. U.S. v. Andrew M. MONTELONGO. CCA S31882.
PETITIONS
FOR GRANT OF REVIEW FILED
No.
13-0439/AF. U.S. v. Donald L. HOLLENBAUGH III.
CCA
S31978.
No. 13-0440/AF. U.S. v. Miguel A. GASTELUM. CCA 37887.
No. 13-0441/AR. U.S. v. Jarrad
T. ADAMS. CCA 20120151.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No. 13-8024/AR. Gregory ROBERTSON, Appellant, v. United
States, Appellee.
CCA
20050565. On consideration of the
writ-appeal petition, it is ordered that said writ-appeal petition is hereby
denied.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 13-8031/AR. Ryan S. ANSELMI,
Appellant v. Colonel Jeffery R. Nance, Military Judge, the U.S. Army, and the
United States, Appellees. CCA 20130242. Notice is
hereby given that a writ-appeal petition for review of the United States Army
Court of Criminal Appeals decision on application for extraordinary relief was
filed under Rule 27(b) on this date.
Misc. No. 13-8032/NA. Bradley A. MORALES, Appellant v. Colonel Eric
Belcher, in his official capacity as Commandant, United States Disciplinary
Barracks, Fort Leavenworth, Kansas, and the United States, Appellees. CCA 201000057. Notice is
hereby given that a writ-appeal petition for review of the United States
Navy-Marine Corps Court of Criminal Appeals decision on application for
extraordinary relief was filed under Rule 27(b) on this date.
INTERLOCUTORY
ORDERS
No. 13-0124/MC. U.S. v. William C. DALTON. CCA 201100521. Appellee's motion to correct errata is granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-144
Tuesday, April 16,
2013
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0235/AR. U.S. v. Waseem
ELHELOU.
CCA
20110246. Review granted on the following issues:
I. WHETHER APPELLANT'S CONVICTION UNDER
ARTICLE 120(k), FOR ENGAGING IN SEXUAL RELATIONS IN THE PRESENCE OF OTHERS
VIOLATES THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT IN LIGHT OF LAWRENCE
v. TEXAS, 539 U.S. 558 (2003).
II. WHETHER THE PLEA COLLOQUY BETWEEN THE MILITARY
JUDGE AND APPELLANT WAS SUFFICIENT TO SUPPORT PLEAS OF GUILTY TO THE
SPECIFICATIONS OF INDECENT ACTS UNDER ARTICLE 120(k).
No briefs will be
filed under Rule 25.
CERTIFICATES
FOR REVIEW FILED
No. 13-5005/AF. U.S., Appellant v. Patrick CARTER, Appellee. CCA 37715. Notice is hereby given that a certificate for
review of the decision of the United States Air Force Court of Criminal Appeals
was filed under Rule 22 this date on the following issues:
I. WHETHER APPELLEE
SATISFIED HIS BURDEN TO DEMONSTRATE THAT THE DEFECTIVE SPECIFICATIONS UNDER
ARTICLE 134, UCMJ, MATERIALLY PREJUDICED HIS
SUBSTANTIAL RIGHTS WHEN HE WAS PROVIDED ACTUAL NOTICE OF THE TERMINAL ELEMENT
THROUGH AN ARTICLE 32 REPORT RECEIVED PRIOR TO TRIAL.
II. WHETHER THE AIR FORCE COURT OF CRIMINAL
APPEALS APPLIED AN ERRONEOUS STANDARD OF LAW WHEN EVALUATING WHETHER THE
DEFECTIVE SPECIFICATIONS UNDER ARTICLE 134, UCMJ,
MATERIALLY PREJUDICED APPELLEE'S SUBSTANTIAL RIGHTS
BY FAILING TO CONSIDER WHETHER THE EVIDENCE ON THE MISSING ELEMENT WAS
"OVERWHELMING AND ESSENTIALLY UNCONTROVERTED."
III. WHETHER THIS HONORABLE COURT SHOULD APPLY THE
FOURTH PRONG OF THE PLAIN ERROR ANALYSIS AS ARTICULATED BY THE UNITED STATES
SUPREME COURT IN UNITED STATES V. OLANO, 507
U.S. 725 (1993), WHEN ASSESSING WHETHER THE DEFECTIVE SPECIFICATIONS UNDER
ARTICLE 134, UCMJ, MATERIALLY PREJUDICED APPELLEE'S SUBSTANTIAL RIGHTS IN THIS CASE.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0436/NA. U.S. v. Matthew R. GIFFORD. CCA 201200169.
No. 13-0437/MC. U.S. v. Jesse ROSALES. CCA 201200363.
No. 13-0438/AF. U.S. v. Dewey K. CLAWSON. CCA 37723.
INTERLOCUTORY
ORDERS
No. 12-8027/AR. Center for Constitutional
Rights, et al, Appellants v. United States, and Colonel Denise Lind, Military
Judge, Appellees. CCA 20120514. On
consideration of the motions filed by
Guardian News and Media LLC for leave to file memorandum as Amicus Curiae out
of time, and for leave to file declaration of Ed Pilkington, and Appellant's
motion to supplement the record pursuant to Rules 30 and 30A, it is ordered that said motions filed by Guardian News and Media
LLC to file a memorandum as Amicus Curiae out of time, and for leave to file
declaration of Ed Pilkington are hereby denied, and
that Appellant's motion to supplement the record pursuant to Rules 30 and 30A
is hereby granted.
No. 13-0364/AR. U.S. v. Aaron M. PERNELL. CCA 20100978.
Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted, up
to and including April 29, 2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 13-0368/AR. U.S. v. Kenyon T. TADLOCK. CCA 20110366.
Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted, but
only up to and including April 30, 2013, and absent extraordinary circumstances, no further extension of time will
be granted in this case.
No. 13-0369/AR. U.S. v. Corey A. MOORE. CCA 20110149. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted, but only up to and
including April 30, 2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 13-0429/AR. U.S. v. Shaun M.
WILLOUGHBY. CCA 20110100. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 6, 2013.
No. 13-0436/NA. U.S. v. Matthew R. GIFFORD. CCA 201200169. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to May 6, 2013.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No. 13-143
Monday,
April 15, 2013
HEARINGS
No. 13-5001/AR. U.S. v. Nicholas R. SCHELL. CCA 20110264.
No. 13-0013/AR. U.S. v. Paul R. JASPER. CCA 20100112.
PETITIONS
FOR GRANT OF REVIEW FILED
No.
12-0526/AR. U.S. v. Lawrence J. LAVERGNE, Jr.
CCA
20090986.*
No.
13-0425/AF. U.S. v. Kasaandra
C. DAVIS. CCA S31902.
No. 13-0426/AF. U.S. v. Andre G. GNASH. CCA S32067.
No. 13-0427/AR. U.S. v. Daniel R. WELCH. CCA 20110929.
No. 13-0428/AF. U.S. v. Lee W. PAYTON, Jr. CCA 37699.
No. 13-0429/AR. U.S. v. Shaun M.
WILLOUGHBY. CCA 20110100.
No. 13-0430/NA. U.S. v. Joshua P. JACKSON. CCA 201200418.
No. 13-0431/AR. U.S. v. Andrew H. HORNING,. CCA 20110278.
No. 13-0432/AF. U.S. v. James R. POWDRILL, Jr.
CCA
37983.
No. 13-0433/AF. U.S. v. Daniel W. NORTHERN,
Jr. CCA 37984.
No. 13-0434/AF. U.S. v. James W. ROGERS. CCA S31971.
No. 13-0435/AR. U.S. v. Gary D. WARNER. CCA 20120499.
INTERLOCUTORY
ORDERS
No. 13-0419/AR. U.S. v. Alfred D. OKONIGBO. CCA 20110492.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to May 2, 2013.
No. 13-0421/AR. U.S. v. Justin K. ODOM. CCA 20100756. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to May 2, 2013.
No. 13-0422/AR. U.S. v. Andrew W. HAGA. CCA 20110362.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to May 2, 2013.
No. 13-0424/AF. U.S. v. Brian W. GROCKI. CCA 37982.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to May 2, 2013.
_______________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-142
Friday, April 12,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0418/NA. U.S. v. Ronald B. DEGUZMAN. CCA 201200402.
No. 13-0419/AR. U.S. v. Alfred D. OKONIGBO. CCA 20110492.
No. 13-0420/AF. U.S. v. Travis A. SCHMIDT. CCA 38220.
No. 13-0421/AR. U.S. v. Justin K. ODOM. CCA 20100756.
No. 13-0422/AR. U.S. v. Andrew W. HAGA. CCA 20110362.
No. 13-0423/AR. U.S. v. Nicholas B.
WATKINS. CCA 20110040.
No. 13-0424/AF. U.S. v. Brian W. GROCKI. CCA 37982.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-141
Thursday, April 11,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0300/AR. U.S. v. John H. ROGAN. CCA 20110650.
No. 13-0311/AR. U.S. v. Patrick T. WILLBARGER. CCA 20091026.
No. 13-0340/AF. U.S. v. Daniel S. CHIN. CCA S32046.
No. 13-0342/AR. U.S. v. Johnny W. TAYLOR,
Jr. CCA 20120322.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 11-0559/NA. U.S. v. Jordan J. ESCOCHEASANCHEZ.
CCA
201000093.
No. 13-0417/AR. U.S. v. Gabriel S. SANCHEZ. CCA 20120299.
INTERLOCUTORY
ORDERS
No. 13-0415/AR. U.S. v. Ronald E. PLEASANT,
Jr. CCA 20100437. Appellant's motion to extend time to file the
supplement granted to April 29, 2013.
No. 13-0416/NA. U.S. v. Mallory A. LESTERUPSHUR.
CCA
201200380. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to April 30, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-140
Wednesday, April 10,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0416/NA. U.S. v. Mallory A. LESTERUPSHUR.
CCA
201200380.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-139
Tuesday, April 9,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0238/CG. U.S. v. Kiel JOHANSON. CCA 1356.
No. 13-0333/AR. U.S. v. Brandon D. JOHNSON. CCA 20110792.
No. 13-0337/AF. U.S. v. Emanuel R. WALKER. CCA 37865.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0414/AR. U.S. v. Yorberis
SALDANA. CCA 20120647.
No.
13-0415/AR. U.S. v. Ronald E. PLEASANT,
Jr. CCA 20100437.
INTERLOCUTORY
ORDERS
No.
13-0408/MC. U.S. v. Don W. BAILEY.
CCA
201200370. Appellant's motion to
extend time to file the supplement the petition for grant of review granted to
April 25, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-138
Monday, April 8, 2013
PETITIONS
FOR GRANT OF REVIEW FILED
No.
10-0178/AF. U.S. v. William J. ST.
BLANC, Jr. CCA 37206.*
No. 13-0412/AF. U.S. v. Chad M. JOHNSON. CCA 37980.
No. 13-0413/AF. U.S. v. Justin P. GRANT. CCA 37898.
__________________________________
* Third petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-137
Friday, April 5, 2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0290/AR. U.S. v. Lakaryl
Q. WATERS. CCA 20100026.
No. 13-0319/AR. U.S. v. Lemanuel
A. SANTANA. CCA 20120746.
No. 13-0324/AR. U.S. v. Drew D. PALMER. CCA 20110896.
No. 13-0327/AR. U.S. v. Anthony W. FLOYD. CCA 20120507.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0405/AF. U.S. v. James M. FAUSEY. CCA 37862.
No. 13-0406/AF. U.S. v. Jeffrey D. HOOE. CCA S32065.
No. 13-0407/AF. U.S. v. David W. WINTERS. CCA 37915.
No. 13-0408/MC. U.S. v. Don W. BAILEY. CCA 201200370.
No. 13-0409/AR. U.S. v. Joseph L. LEE, Jr. CCA 20110968.
No. 13-0410/AF. U.S. v. Anthony Q. DUPREE. CCA S31828.
No. 13-0411/AF. U.S. v. Cory R. HALL. CCA S31889.
MANDATES
ISSUED
No. 12-0313/MC. U.S. v. Andrew D. TEARMAN. CCA 201100195.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-136
Thursday, April 4,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0658/AR. U.S. v. John RON. CCA 20100599.
No. 13-0403/AR. U.S. v. Richard J. HAWES,
Jr. CCA 20120183.
No. 13-0404/AF. U.S. v. Joshua P. BROOKS. CCA S32063.
PETITIONS
FOR RECONSIDERATION DENIED
No. 13-0127/MC. U.S. v. Preston D. WALKER. CCA 201100463. On
consideration of Appellant's petition
for reconsideration of this Court's order issued on March 13, 2013, and Appellee's motion to file an answer to the petition for
reconsideration out of time, it is ordered that
Appellant's petition for reconsideration is hereby denied, and that Appellee's motion to file an answer to the petition for
reconsideration out of time is hereby denied.
INTERLOCUTORY
ORDERS
No. 13-0124/MC. U.S. v. William C. DALTON. CCA 201100521. Appellee's motion to extend time to file a brief granted, but only up to and including April 15,
2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 13-0401/MC. U.S. v. Michael J. FOSTER. CCA 201200235. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 23, 2013.
No. 13-8030/NA. Audley G. EVANS,
Appellant v. United States, Appellee. CCA 200600806. Appellee's motion to extend time to file an answer granted
to April 15, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-135
Wednesday, April 3, 2013
HEARINGS
No. 13-0061/AR. U.S. v. Ted C. SQUIRE. CCA 20091106.
No. 13-0096/AR. U.S. v. Maurice S. WILSON. CCA 20110146.
ORDERS GRANTING
PETITION FOR REVIEW
No. 13-0273/AF. U.S. v. Christopher D. WALTERS. CCA 37873. Review granted on the following issue:
WHETHER THE FINDING
OF GUILTY TO SPECIFICATION 2 OF CHARGE II IN VIOLATION OF ARTICLE 134, UCMJ,
WHICH DID NOT CHARGE THE TERMINAL ELEMENT AND TO WHICH APPELLANT PLEADED NOT
GUILTY, MUST BE DISMISSED PURSUANT TO UNITED STATES v. HUMPHRIES, 71 M.J.
209 (C.A.A.F.
2012).
No briefs will be
filed under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 11-0123/AR. U.S. v. Bryant K. MARSH. CCA 20080382.
No. 11-0431/AR. U.S. v. Clyde E. CALLWOOD. CCA 20080577.
No. 12-0286/AF. U.S. v. Paul A. TITCOMBE. CCA 37618.
No. 13-0202/AR. U.S. v. Kyle A. JUHL. CCA 20110836.
No. 13-0215/AF. U.S. v. Barry N. NIXON, Sr. CCA 37622.
No. 13-0253/AR. U.S. v. Kallai Q. SWANSON. CCA 20110702.
No. 13-0256/AR. U.S. v. David E. RICHARDS. CCA 20120346.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 10-0483/AR. U.S. v. David C. ELLERBROCK. CCA 20070925.
No. 13-0401/MC. U.S. v. Michael J. FOSTER. CCA 201200235.
No. 13-0402/AR. U.S. v. Anthony J. GREENE. CCA 20120072.
INTERLOCUTORY
ORDERS
No. 13-0390/AR. U.S. v. Dyana T. THOMAS. CCA 20100182. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 22, 2013.
No. 13-0392/AR. U.S. v. Kenneth F. PAPALEO II. CCA 20110977. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 22, 2013.
No. 13-0396/AF. U.S. v. Jarrod T. LUTES. CCA 37665.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to April 22, 2013.
No. 13-0397/AF. U.S. v. Jerome A. JONES, Jr. CCA 37528.
Appellant's motion to extend time to file the supplement to the petition
for grant of review granted to April 22, 2013.
No. 13-0400/MC. U.S. v. Sheldon J. HOWARD. CCA 201200074. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 22, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-134
Tuesday, April 2, 2013
HEARINGS
No. 12-0616/AR. U.S. v. Timothy E. BENNITT. CCA 20100172.
No. 13-0186/MC. U.S. v. Joseph B. SALYER. CCA 201200145.
PETITIONS FOR
GRANT OF REVIEW DENIED
No. 13-0129/NA. U.S. v. Marcus R. SMITH. CCA 201100433.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0373/AF. U.S. v. Jose S. MONSERRATE. CCA S31649.*
No. 13-0395/AF. U.S. v. John D. HORTON, Jr. CCA 38151.
No. 13-0396/AF. U.S. v. Jarrod T. LUTES. CCA 37665.
No. 13-0397/AF. U.S. v. Jerome A. JONES, Jr. CCA 37528.
No. 13-0398/AF. U.S. v. Nelson WILLIAMSON, Jr. CCA S31947.
No. 13-0400/MC. U.S. v. Sheldon J. HOWARD. CCA 201200074.
INTERLOCUTORY
ORDERS
No. 13-0096/AR. U.S. v. Maurice S. WILSON. CCA 20110146. Appellant's motion to file a corrected brief
granted.
____________________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 13-133
Monday, April 1, 2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0271/AF. U.S. v. Trevor L. BAGLEY. CCA S31876.
No. 13-0279/AR. U.S. v. Adam C. WINFIELD. CCA 20110675.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0387/AR. U.S. v. David M. DERJAN. CCA 20101039.
No. 13-0388/AR. U.S. v. Zakaria H. LOUTFI. CCA 20100489.
No. 13-0389/AR. U.S. v. Christopher T. BURKS. CCA 20111177.
No. 13-0390/AR. U.S. v. Dyana T. THOMAS. CCA 20100182.
No. 13-0391/AR. U.S. v. Ian J. KRIEBEL. CCA 20110541.
No. 13-0392/AR. U.S. v. Kenneth F. PAPALEO II. CCA 20110977.
No. 13-0393/AR. U.S. v. Luke D. THURSTON. CCA 20110797.
No. 13-0394/AR. U.S. v. Christian B. MONTFORD. CCA 20110585.
No. 13-0399/AF. U.S. v. Jeffrey J. KIM. CCA 37613.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No. 13-8028/NA. Joseph M. MANCILLAS,
Petitioner v. Navy-Marine Corps Court of Criminal Appeals, Respondent. On consideration of the petition for extraordinary
relief in the nature of a writ of mandamus, it is ordered that said petition is
hereby denied without prejudice.
INTERLOCUTORY
ORDERS
No. 13-0387/AR. U.S. v. David M. DERJAN. CCA 20101039. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 22, 2013.
No. 13-0388/AR. U.S. v. Zakaria H. LOUTFI. CCA 20100489. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 22, 2013.
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