UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-097
Friday, January 31,
2014
CERTIFICATES
FOR REVIEW FILED
No. 14-5002/AF. U.S. v. Michael C.
MCPHERSON. CCA S32068. 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 issue:
WHETHER
ARTICLE 12, UCMJ, APPLIES TO THE CIRCUMSTANCE WHERE AN ACCUSED AND/OR CONVICTED MEMBER OF
THE ARMED FORCES IS CONFINED IN
IMMEDIATE ASSOCIATION WITH FOREIGN NATIONALS
IN A STATE OR FEDERAL FACILITY WITHIN THE CONTINENTAL
LIMITS OF THE UNITED STATES.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 14-8009/AF. John C. CALHOUN, Appellant v. United States,
Appellee. CCA 37274. 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 under Rule 27(b) on December
17, 2013 and placed on the docket this 31st day of January, 2014. On consideration thereof, it is ordered that
said writ-appeal petition is hereby denied.
INTERLOCUTORY
ORDERS
No. 13-0595/AF. U.S. v. Phillip T.
BURLEIGH. CCA
37652. On consideration of the second motion for leave to withdraw
filed by Captain Christopher James, USAF, requesting to withdraw from
representation as appellate defense counsel, and on consideration of
Appellant's letter of August 5, 2013, requesting to defend himself, and his
subsequent refusals to cooperate with Captain James, it appears that Appellant
no longer desires representation by any Air Force counsel and wishes to
represent himself in this case. Accordingly,
it is, ordered that said motion for leave to withdraw as
appellate defense counsel is hereby granted.
It is further ordered that Appellant has 30 days to submit matters to
this Court, and that the supplement filed by Captain James with the Court on
September 3, 2013, will not be considered by the Court unless Appellant
specifically consents to its consideration.
No. 14-0049/AR. U.S. v. Robert A. WARREN. CCA 20100914. Appellant's motion to file the supplement
under seal and motion to file the sealed supplement out of time are granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-096
Thursday, January 30,
2014
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0158/AF. U.S. v. Candice N. CIMBALL SHARPTON. CCA 38027. Review granted on
the following issue:
WHETHER
THE AIR FORCE COURT ABUSED ITS DISCRETION IN FINDING THE EVIDENCE LEGALLY
SUFFICIENT TO SUPPORT A CONVICTION FOR LARCENY FROM THE AIR FORCE.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0112/AF. U.S. v. Buddy J. GERHARDT. CCA 37946.
No. 14-0237/AF. U.S. v. Ismael
PEREZ. CCA S32074.
No. 14-0260/AR. U.S. v. Ronald D.
WASHINGTON. CCA 20110525.
INTERLOCUTORY
ORDERS
No. 14-0265/CG. U.S. v. Jaason
LEAHR. CCA 1365. On consideration of Appellant's motion to attach documents, and that the
proffered documents have already been attached to the record by the Court of
Criminal Appeals, it is ordered that said motion is
hereby denied as moot.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 14-095
Wednesday,
January 29, 2014
PETITIONS FOR GRANT OF REVIEW DENIED
No.
14-0066/AR. U.S. v. Jonathan J. BLAIR. CCA 20110846.
No.
14-0186/AR. U.S. v. Steven F. GUZMAN
II. CCA 20100020.
No.
14-0231/AF. U.S. v. Alejandro E.
GONZALEZ. CCA 38154.
No.
14-0234/AR. U.S. v. Michael S. HOLDEN. CCA 20111128.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-094
Tuesday, January 28,
2014
HEARINGS
No. 14-0130/AF. U.S. v. David J. Janssen. CCA 37681.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0510/AF. U.S. v. Christopher S.
FERRIS. CCA
37885.
No. 14-0146/AR. U.S. v. Brandon D. MORRIS. CCA 20110587.
No. 14-0249/AR. U.S. v. Craig M. FISHER. CCA 20130611.
No. 14-0288/AR. U.S. v. Jonathan C. HIATT. CCA 20110818.
No. 14-0293/AR. U.S. v. Erik J. MILLER. CCA 20120948.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0376/AR. U.S. v. Andrew J. STOICK. CCA 20130479.
No. 14-0377/AR. U.S. v. Danewood L.
KIRKPATRICK. CCA
20100716.
No. 14-0378/AR. U.S. v. George A.
FIEBELKORN. CCA
20130629.
INTERLOCUTORY
ORDERS
No. 14-0313/AR. U.S. v. Christopher R.
DARBYSHIRE. CCA
20110026. Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted, up
to and including February 6, 2014, and
absent extraordinary circumstances, no further extension of time will be
granted in this case.
No. 14-0358/AF. U.S. v. Jonathan K. ROWELL. CCA S31991. Appellant's motion to extend time to file the supplement
to the petition for grant of review granted to February 13, 2014.
No. 14-0361/AF. U.S. v. Donald R. SWIGER,
Jr. CCA 38231.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to February 13,
2014.
No. 14-0364/AR. U.S. v. Keith A. JACKSON. CCA 20120026. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted February 13, 2014.
No. 14-0368/AR. U.S. v. Dennis E. DOCKER. CCA 20110796. Appellant's motion to extend time to file the supplement
to the petition for grant of review granted to February 18, 2014.
No. 14-0370/AF. U.S. v. Michael W. GLEISER. CCA 38155. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to February 18, 2014.
No. 14-0371/AF. U.S. v. Larry M. PALMER
III. CCA 38184.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to February 18,
2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-093
Monday, January 27,
2014
APPEALS –
SUMMARY DISPOSITIONS
No. 14-0134/AR. U.S. v. Brett M. GASKILL. CCA 20110028.
On consideration of the petition for grant of review of the decision of
the United States Army Court of Criminal Appeals, and in light of United
States v. Lubasky, 68 M.J. 260 (C.A.A.F. 2010), we note that the proper
victim in Specifications 2, 3, and 4 of Charge V was the merchant who provided
the goods and services upon false pretenses, not the debit
cardholder/Soldier. However, the charge
sheet, stipulation of fact, and providence inquiry focused on the three Soldiers
as victims, and there was no discussion on the record of whether the merchants
were victimized. See Lubasky,
68 M.J. at 263.
Accordingly, it is ordered that said petition is granted on the
following issue:
WHETHER APPELLANT
COMMITTED LARCENIES OF THE PROPERTY OF THREE SOLDIERS BY USING THEIR BANK CARDS
WITHOUT AUTHORITY.
The
decision of the United States Army Court of Criminal Appeals is reversed as to
Specifications 2, 3, and 4 of Charge V, and the findings of guilty as to those
specifications are set aside. The
remaining findings are affirmed. The
record is returned to the Judge Advocate General of the Army for remand to the
Court of Criminal Appeals. That court
may either dismiss Specifications 2, 3, and 4 of Charge V and
reassess the sentence based on the affirmed findings, or it may order a
rehearing on the affected specifications and the sentence. [See also ORDERS
GRANTING PETITION FOR REVIEW this date.]
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0134/AR. U.S. v. Brett M. GASKILL.
CCA 20110028. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0365/AR. U.S. v. Isaac J. LONG. CCA 20111087.
No. 14-0366/AF. U.S. v. Ryan J. DERAAS. CCA S32141.
No. 14-0367/AR. U.S. v. Justin W. RIGGS. CCA 20110340.
No. 14-0368/AR. U.S. v. Dennis E. DOCKERY. CCA 20110796.
No. 14-0369/AR. U.S. v. Cody A. CASTRO. CCA 20110071.
No. 14-0370/AF. U.S. v. Michael W. GLEISER. CCA 38155.
No. 14-0371/AF. U.S. v. Larry M. PALMER
III. CCA 38184.
No. 14-0372/AR. U.S. v. Christopher B.
NICKERSON. CCA 20120191.
No. 14-0373/AR. U.S. v. Brent J. MCBRIDE. CCA 20120316.
No. 14-0374/AF. U.S. v. Daniel R. BACKHUS. CCA 38134.
No. 14-0375/AR. U.S. v. Ronald M.
DAVENPORT, Jr. CCA
20120408.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 14-8008/AR. Timothy B. HENNIS,
Petitioner v. Siobahn LEDWITH, Colonel, United States Army, Commandant, U.S.
Disciplinary Barracks, the United States Army, and the United States,
Respondents. CCA
20100304. Notice is hereby 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.
MANDATES
ISSUED
No. 13-0518/AF. U.S. v. Jordan C. PASSUT. CCA 37755.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-092
Friday, January 24,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0219/AF. U.S. v. Brandon J. MILES. CCA S32038.
No. 14-0274/AR. U.S. v. Nicholas D. BAILEY. CCA 20120240.
No. 14-0281/MC. U.S. v. Charles DAME III. CCA 201300103.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0491/AF. U.S. v. Mark J. JORDAN. CCA S31939.*
No. 14-0357/AF. U.S. v. Jeremy S. MCMANUS. CCA S32126.
No. 14-0358/AF. U.S. v. Jonathan K. ROWELL. CCA S31991.
No. 14-0359/AR. U.S. v. Korey
G. HUFF. CCA 20120038.
No. 14-0360/AR. U.S. v. Samir
ZUBAIR.
CCA
20110433.
No. 14-0361/AF. U.S. v. Donald R. SWIGER,
Jr. CCA 38231.
No. 14-0362/AR. U.S. v. Dexter Q. JOHNSON. CCA 20120141.
No. 14-0363/AR. U.S. v. Bradley H. SCOTT. CCA 20130209.
No. 14-0364/AR. U.S. v. Keith A. JACKSON. CCA 20120026.
INTERLOCUTORY
ORDERS
No. 14-0119/AF. U.S. v. Charles W. PAUL. CCA S32025. On
consideration of the motion filed by
Major Zaven T. Saroyan 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 said motion is
hereby granted.
______________________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-091
Thursday, January 23,
2014
APPEALS -
SUMMARY DISPOSITIONS
No. 14-0070/AR. U.S. v. Steven V. RAGELS. CCA 20110955. Review granted on the following issue:
WHETHER THE MILITARY
JUDGE ABUSED HIS DISCRETION IN ACCEPTING APPELLANT'S GUILTY PLEA AS TO THE
CLAUSE THREE, ARTICLE 134, UCMJ, OFFENSE CHARGED IN SPECIFICATION
1 OF THE CHARGE WHEN APPELLANT WAS NOT ON NOTICE OF THE THEORY OF LIABILITY.
The decision of the
United States Army Court of Criminal Appeals is reversed as to the words and
figures "under 18 U.S.C. § 2252A," in Specification 1 of the Charge, but is
affirmed in all other respects. The
finding of guilty as to those words and figures is set aside and that portion
of Specification 1 is dismissed. [See
also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0070/AR. U.S. v. Steven V. RAGELS. CCA 20110955.
[See also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0150/AF. U.S. v. Trevor J. TUCKER. CCA 38129.
No. 14-0154/AR. U.S. v. Eduardito
DEHOYOS-GUASH. CCA
20120894.
No. 14-0178/AR. U.S. v. Martin BENITEZ, Jr. CCA 20121191.
No. 14-0212/AR. U.S. v. Vanessa A. CHERRY. CCA 20110855.
No. 14-0215/AR. U.S. v. Maria V. ESGUERRA. CCA 20110399.
No. 14-0235/AF. U.S. v. Juan H. SALAS. CCA 38120.
No. 14-0239/AR. U.S. v. Jose A. MARTINEZ. CCA 20120547.
No. 14-0247/AR. U.S. v. Edward WHIGHAM III. CCA 20130476.
No. 14-0264/AF. U.S. v. Jeffrey D. EDWARDS. CCA 38190.
No. 14-0266/AR. U.S. v. Javore
L. BLACKWELL. CCA 20130031.
No. 14-0270/AR. U.S. v. Terrance M. WALTON. CCA 20130241.
No. 14-0271/AR. U.S. v. James A. GENNETTE. CCA 20111118.
No. 14-0278/AR. U.S. v. Georgina A. TORRES
(RESSY).
CCA
20130018.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0355/AR. U.S. v. Anthony L. LEWIS. CCA 20121140.
No. 14-0356/AR. U.S. v. Steven G. HOWSAM. CCA 20120205.
INTERLOCUTORY
ORDERS
No. 13-0536/AR. U.S. v. Jacob D. MOON. CCA 20120112. Appellant's
motion to extend time to file a brief and a joint appendix granted, but
only up to and including February 6, 2014, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0295/AR. U.S. v. James E. FORD. CCA 20110417. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, up
to and including February 4, 2014, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0296/AR. U.S. v. Paul BEARDEN, Jr. CCA 20110754. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, up
to and including February 5, 2014, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0297/AR. U.S. v. Allen D. CHESTNUT. CCA 20120612. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, up
to and including February 5, 2014, and
absent extraordinary circumstances, no further extension of time will be
granted in this case.
No. 14-0334/AF. U.S. v. Aaron J. JENNINGS. CCA 38230. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 6, 2014.
No. 14-0338/AR. U.S. v. Christopher D.
BIRDSONG. CCA 20110440. Appellant's motion to extend time to file the supplement
to the petition for grant of review granted to February 6, 2014.
No. 14-0340/AF. U.S. v. Joseph B. TAPP. CCA S32085.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to February 11,
2014.
No. 14-0341/AR. U.S. v. Joshua K. BASS. CCA 20130546. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 10, 2014.
No. 14-0342/AF. U.S. v. Ronald M.E. DANIEL. CCA 38186. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 11, 2014.
No. 14-0344/AF. U.S. v. John R. VASQUEZ,
Jr. CCA 38192. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to February 11, 2014.
No. 14-0347/AF. U.S. v. Demario
RILEY. CCA S32097. Appellant's motion to extend time to file the supplement
to the petition for grant of review granted to February 11, 2014.
No. 14-0348/AF. U.S. v. Michael C.
MCPHERSON. CCA S32068. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to February 11, 2014.
No. 14-0349/AF. U.S. v. Stephen S. MADIGAN. CCA 38339. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted February 11, 2014.
No. 14-0353/AR. U.S. v. Samuel L. SYKES. CCA 20110747. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 10, 2014.
MANDATES
ISSUED
No. 13-0345/AF. U.S. v. Robert M. PAYNE. CCA 37594.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-090
Wednesday, January
22, 2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0397/AF. U.S. v. Jerome A. Jones,
Jr. CCA 37528.*
No. 14-0340/AF. U.S. v. Joseph B. TAPP. CCA S32085.
No. 14-0341/AR. U.S. v. Joshua K. BASS. CCA 20130546.
No. 14-0342/AF. U.S. v. Ronald M.E. DANIEL. CCA 38186.
No. 14-0343/AF. U.S. v. Jesus R. ALANIZ. CCA S32072.
No. 14-0344/AF. U.S. v. John R. VASQUEZ,
Jr. CCA 38192.
No. 14-0345/AR. U.S. v. Ronald D. SPAGNUOLO. CCA 20110527.
No. 14-0346/AR. U.S. v. Casey A. GARRISON. CCA 20110545.
No. 14-0347/AF. U.S. v. Demario
RILEY. CCA S32097.
No. 14-0348/AF. U.S. v. Michael C.
MCPHERSON. CCA S32068.
No. 14-0349/AF. U.S. v. Stephen S. MADIGAN. CCA 38339.
No.
14-0350/NA. U.S. v. Mark J. MUSACCHIO, Jr.
CCA
201300145.
No. 14-0351/AF. U.S. v. Wayne A. ELLIS. CCA 38176.
No. 14-0352/AF. U.S. v. Adam G. JOHNSEN. CCA S32057.
No. 14-0353/AR. U.S. v. Samuel L. SYKES. CCA 20110747.
No. 14-0354/AR. U.S. v. William L.
MCDONALD. CCA 20130499.
_____________________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-089
Friday, January 17,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0332/AF. U.S. v. Joel S. BOGNER. CCA 38194.
No. 14-0333/AF. U.S. v. Devin R. GERDES. CCA S32091.
No. 14-0334/AF. U.S. v. Aaron J. JENNINGS. CCA 38230.
No. 14-0335/AR. U.S. v. Teakell
D. SMITH. CCA 20110401.
No. 14-0336/AR. U.S. v. Dylan P. STAHL. CCA 20120664.
No. 14-0337/AR. U.S. v. William C. FOSTER. CCA 20120601.
No.
14-0338/AR. U.S. v. Christopher D.
BIRDSONG. CCA 20110440.
No.
14-0339/AF. U.S. v. Dexter J. PAYNE. CCA S32093.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-088
Thursday, January 16,
2014
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0573/AR. U.S. v. Calvin J.
DAVENPORT. CCA
20081102. Review granted on the following issue:
WHETHER THE OMISSION
OF TESTIMONY FROM A TRIAL TRANSCRIPT RENDERS THE TRANSCRIPT NON-VERBATIM AND THEREFORE
SUBJECT TO THE REMEDY IN R.C.M. 1103(f)(1) WHERE THE WITNESS'S TESTIMONY IS
ONLY RELEVANT TO AN OFFENSE OF WHICH APPELLANT HAS BEEN ACQUITTED; OR, WHETHER
SUCH OMISSION SHOULD BE ADDRESSED UNDER R.C.M.
1103(b)(2)(A)(REQUIREMENT FOR A COMPLETE RECORD) AND THUS TESTED FOR WHETHER
THE PRESUMPTION OF PREJUDICE HAS BEEN REBUTTED.
SEE UNITED STATES v. GASKINS, 72 M.J. 225 (C.A.A.F.
2013); UNITED STATES v. HENRY, 53 M.J. 108 (C.A.A.F. 2000).
Briefs will be filed
under Rule 25.
No. 14-0040/NA. U.S. v. Ethan S. SHORT. CCA 201200483.
Review granted on the following issue:
A PUNITIVE DISCHARGE
MAY NOT BE AFFIRMED WHEN THE RECORD IS NOT VERBATIM. HERE, DURING SENTENCING, THE MEMBERS HEARD
SOME PORTION OF THE PROVIDENCE INQUIRY WHICH DREW A CURATIVE INSTRUCTION FROM
THE MILITARY JUDGE. ON APPEAL, THE LOWER
COURT ATTACHED, OVER DEFENSE OBJECTION, WHAT PURPORTED TO BE THE MISSING
SECTION. THIS SECTION WAS NOT PROPERLY
AUTHENTICATED NOR DOES IT ACCURATELY REFLECT THE MISSING PORTION. MAY
APPELLANT'S PUNITIVE DISCHARGE BE AFFIRMED DESPITE THE LACK OF A VERBATIM
RECORD?
Briefs will be filed
under Rule 25.
No. 14-0071/AR. U.S. v. Travis D. JONES. CCA 20110679.
Review granted on the following issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DENIED THE DEFENSE'S MOTION TO
SUPPRESS APPELLANT'S STATEMENT TO THE MILITARY POLICE.
Briefs will be filed
under Rule 25.
No. 14-0230/AR. U.S. v. Samuel R. SPOTTS. CCA 20111144.
Review granted on the following issue:
WHETHER
APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL WHEN HIS TRIAL DEFENSE
COUNSEL FAILED TO REQUEST DEFERMENT OF AUTOMATIC FORFEITURES ON HIS BEHALF.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0072/AR. U.S. v. Eddie N. DIVIDU,
Jr. CCA
20120355.
No. 14-0084/AR. U.S. v. Christopher GRAY. CCA 20090259.
No. 14-0216/AF. U.S. v. Livingston T.
TIMSUREN. CCA
38146.
No. 14-0218/AF. U.S. v. Dustin J. CAMP. CCA 38153.
No. 14-0259/AR. U.S. v. Tyler J. GOULD. CCA 20110346.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0331/AR. U.S. v. Nicholas R.
THORNTON. CCA
20130268.
INTERLOCUTORY
ORDERS
No. 13-0510/AF. U.S. v. Christopher S.
FERRIS. CCA
37885. Appellant's motion to
supplement the record is denied.
No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellee's motion to
extend time to file a brief granted to February 18, 2014.
No. 14-0138/AF. U.S. v. Danny M. BURNS. CCA 37847. Appellant's
motion to attach is granted.
No. 14-0298/AR. U.S. v. Edmond D. JONES. CCA 20111011. Appellant's
motion to withdraw the petition for grant of review is granted.
No. 14-0130/AF. U.S. v. David J. JANSSEN. CCA 37681. On consideration of Appellee's brief and its January 15, 2014, letter to the
Clerk, filed under Rule 36A, Rules of Practice and Procedure, we find that they
insufficiently address the assigned issue and Appellant's argument. When counsel submits an insufficient brief,
an appellate court can and should require re-briefing. See Passmore
v. Estell, 607 F.2d 662, 664 (5th Cir. 1979), cert.
denied 446 U.S. 937 (1980). As noted
in Entsminger v. Iowa, 386 U.S. 748,
751-52 (1967), both the appellate court and counsel share in the responsibility
to provide complete and effective appellate review. Accordingly, it is ordered that, on or before
January 23, 2014, Appellee will file a supplemental
brief fully addressing the assigned issue and Appellant's arguments. No extensions of time to file will be
granted.
No. 14-6003/AR. U.S. v. Robert J. TRANK.
CCA 20130742.
On consideration of the petition for grant of review filed by counsel
for the appellant on January 15, 2013, under Rule 19(a)(5)(B), Rules of
Practice and Procedure, United States Court of Appeals for the Armed Forces,
and docketed under Docket Number 14-0331/AR, and it now appearing that said
petition is in fact a petition for grant of review of the decision of the
United States Army Court of Criminal Appeals on appeal by the United States
under Article 62, Uniform Code of Military Justice, 10 USC § 862, it is ordered the Docket Number 14-6003/AR
be forthwith assigned to this case, that Docket Number 14-0331/AF be removed
from this case and reassigned in due course to an appropriate newly filed
petition, that the Clerk of the Court and counsel for both parties herein
promptly ensure that the new docket number assigned to this case be noted on
all pleadings filed to date in this matter, and that Appellee will file an
answer in accordance with Rule 21(c)(1) on or before January 27, 2014.
No. 14-8004/AF. U.S. v. Samuel LOFTON III.
CCA 2011-10.
On consideration of the writ-appeal petition, the Court notes from the
record that the decision of the Court of Criminal Appeals denying the petition
for extraordinary relief was issued on July 15, 2013, and that a transmittal
letter with a copy of that decision was sent to Appellant at the United States
Disciplinary Barracks on July 16, 2013.
If Appellant received that letter at the Disciplinary Barracks prior to
October 3, 2013, then this appeal, which was filed on October 23, 2013, was not
timely filed. See C.A.A.F. R.
19(e) (noting that a writ-appeal petition must be filed within 20 days after
the decision of the Court of Criminal Appeals is served on the appellant or his
counsel). In this case, the writ-appeal
petition itself states that Appellant was served with the decision on October
2, 2013. However, a signed receipt for
the transmittal letter of the decision of the Court of Criminal Appeals does
not appear in the record. Accordingly,
it isordered that on or before February 7, 2014,
Appellee obtain and submit to the Court the
transmittal-letter receipt or any other documentation of service on Appellant
of the decision of the Court of Criminal Appeals.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-087
Wednesday, January
15, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 11-0210/AF. U.S. v. Terris
N. CAVITT.
CCA
S31637.
No. 14-0083/MC. U.S. v. Jose M. LOPEZ. CCA 201200457.*
No. 14-0182/AR. U.S. v. Jose E. ARMSTRONG. CCA 20121.
No. 14-0224/AR. U.S. v. Ray R. ESPINOZA. CCA 20120723.
No. 14-0243/AR. U.S. v. Christopher J. LUMBERSON. CCA 20120686.
No. 14-0246/AR. U.S. v. David E. GRAHAM. CCA 20110422.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-6003/AR. U.S. v. Robert J. TRANK. CCA 20130742.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No. 14-8007/NA. L.C., Midshipman U.S. Navy, Appellant v.
Daniel J. Daugherty, Colonel, USMC (in his official capacity as Military
Judge), Appellee, Eric Graham, Midshipman U.S. Navy,
Real Party In Interest. CCA 201300486.
On consideration of Appellant's motion for an emergency stay of the proceedings
and motion to dismiss the writ-appeal petition, it is ordered that said motion
to dismiss the writ-appeal petition is hereby granted, and said motion for an
emergency stay of the proceedings is hereby denied as moot.
INTERLOCUTORY
ORDERS
No. 13-7001/AR. U.S. v. Hasan
K. AKBAR. CCA 20050514. Appellant's motion to substitute supplemental
exhibit 1 with original is granted.
No. 14-0289/AR. U.S. v. Jordan M. PETERS. CCA 20110057. Appellant's
second motion to extend time to
file the supplement to the petition for grant of review granted, up to and including January 28, 2014,
and absent extraordinary
circumstances, no further extension of time will be granted.
*
Judge Ryan
did not participate in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-086
Tuesday, January 14,
2014
HEARINGS
No. 13-0565/AR. U.S. v. Christopher R.
KEARNS. CCA 20110348.
No. 14-0009/AR. U.S. v. Jesus GUTIERREZ, Jr. CCA 20120104.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0099/AF. U.S. v. Phillip E. WARREN. CCA 37908.
No. 14-0208/AR. U.S. v. Clinton S. SMITH. CCA 20130260.
No. 14-0250/AF. U.S. v. Brayan
I. ROSALES-LOPEZ. CCA 38276.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0328/AR. U.S. v. John H. YI. CCA 20120808.
No. 14-0329/AR. U.S. v. Aaron R. STANLEY. CCA 20111078.
No. 14-0330/NA. U.S. v. Wayne A. LEWIS, Jr. CCA 201300203.
INTERLOCUTORY
ORDERS
No. 14-0322/MC. U.S. v. Matthew A. GILBREATH. CCA 201200427.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to January 30,
2014.
No. 14-0323/AR. U.S. v. Carlos S. CAICEDO. CCA 20110833.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to February 3,
2014.
No. 14-0327/AF. U.S. v. Zachary N. CAPPS. CCA 38160. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 3, 2014.
No. 14-6002/AF. U.S. v. Ronnie S. MOBLEY,
Jr. CCA
2013-21. Appellant's motion to stay
trial proceedings is denied.
MANDATES
ISSUED
No. 11-0280/AR. U.S. v. Douglas K.
WINCKELMANN. CCA 20070243.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-085
Monday, January 13,
2014
HEARINGS
No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241.
No. 14-0012/AF. U.S. v. Nicholas R. ELESPURU. CCA 38055.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0509/AF. U.S. v. Benjamin J.
SIZEMORE. CCA 38020.
No. 14-0240/MC. U.S. v. Melvin MANCIAGONZALEZ.
CCA
201300211.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0323/AR. U.S. v. Carlos S. CAICEDO. CCA 20110833.
No. 14-0324/AR. U.S. v. Cody J. ODOM. CCA 20130307.
No. 14-0325/AF. U.S. v. Benjamin T. ROJEK. CCA 38329.
No. 14-0326/AF. U.S. v. William I. SMITH. CCA 38333.
No. 14-0327/AF. U.S. v. Zachary N. CAPPS. CCA 38160.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-084
Friday, January 10,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0319/NA. U.S. v. Donald M. JOHNSON. CCA 201200379.
No. 14-0320/MC. U.S. v. Jimmy GALYON. CCA 201300163.
No. 14-0321/AR. U.S. v. Gordon E. PAULSON. CCA 20130478.
No. 14-0322/MC. U.S. v. Matthew A. GILBREATH. CCA 201200427.
INTERLOCUTORY
ORDERS
No. 14-0275/AR. U.S. v. Emanuel R. WATERS. CCA 20111073. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, up
to and including January 24, 2014, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0319/NA. U.S. v. Donald M. JOHNSON. CCA 201200379. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 30, 2014.
No. 14-0320/MC. U.S. v. Jimmy GALYON. CCA 201300163.
Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to January 30, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-083
Thursday, January 9,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0171/AR. U.S. v. Jesse J. GUERRERO. CCA 20120983.
No. 14-0181/AR. U.S. v. Arron
M. HAMMACK.
CCA
20101007.
No. 14-0193/AR. U.S. v. Luis J.
RAMOS-GONZALEZ. CCA 20120440.
No. 14-0220/AR. U.S. v. Marquez D. WIMBERLY. CCA 20130213.
No. 14-0228/AR. U.S. v. Christopher J. OKANE. CCA 20120019.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0318/AR. U.S. v. Gregory S. SWINTON. CCA 20130182.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-082
Wednesday, January 8,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0315/AR. U.S. v. Stanley A. JOSEY. CCA 20120907.
No. 14-0316/AR. U.S. v. Oscar RAMIREZ, Jr. CCA 20100888.
No.
14-0317/AR. U.S. v. Deangello
A. ARMSTRONG. CCA 20120732.
INTERLOCUTORY
ORDERS
No. 14-0012/AF. U.S. v. Nicholas R. ELESPURU. CCA 38055.
Appellant's motion for judicial estoppel and motion to attach pleading are denied.
No. 14-0254/AR. U.S. v. Jack A. MICKLER. CCA 20110120.
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 January
21, 2014, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0261/AR. U.S. v. Elliot M. CARRASQUILLO.
CCA
20110719. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted, but
only up to and including January 21, 2014, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0312/AF. U.S. v. David T. LAFKO. CCA 38177.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to January 27,
2014.
No. 14-0313/AR. U.S. v. Christopher R. DARBYSHIRE. CCA 20110026. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 27, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No.14-081
Tuesday, January 7,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0311/AF. U.S. v. James R. FAILE. CCA S32098.
No. 14-0312/AF. U.S. v. David T. LAFKO. CCA 38177.
No. 14-0313/AR. U.S. v. Christopher R. DARBYSHIRE. CCA 20110026.
No. 14-0314/AR. U.S. v. Benjamin S.
HOLLOWAY. CCA 20120615.
No. 14-6002/AF. U.S. v. Ronnie S. MOBLEY,
Jr. CCA
2013-21.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-080
Monday, January 6,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0706/AF. U.S. v. Joshua M. O'FARRELL. CCA 37630.
No. 14-0104/AR. U.S. v. Holly C. HARRISON. CCA 20120345.
No. 14-0121/AF. U.S. v. Chad E. CARTWRIGHT. CCA 37641.
No. 14-0139/AF. U.S. v. Jason E. MEGUIN. CCA 37966.
No. 14-0196/AR. U.S. v. Jacob M. RITCHIE. CCA 20130104.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0309/AR. U.S. v. Lyle WOODY. CCA 20120146.
No. 14-0310/AR. U.S. v. Carlton Z. VAZQUEZ. CCA 20120109.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 14-8007/NA. L.C., Midshipman U.S. Navy, Appellant v.
Daniel J. Daugherty, Colonel, USMC (in his official capacity as Military Judge),
Appellee, Eric Graham, Midshipman U.S. Navy, Real
Party In Interest. CCA 201300486.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 and a motion for a stay were
filed under Rule 27(b) on this date.
SPECIAL
DOCKET MATTERS
No. 14-02. In the matter of Stephen
G. Merrill. It appearing that the
above-named attorney is a member of the Bar of this Court, that he was
suspended from the practice of law by the Supreme Court of Alaska and the
United States Court of Appeals for the Fourth Circuit, that pursuant to Rule
15(b), Rules of Practice and Procedure, U.S. Court of Appeals for the Armed
Forces, said attorney was suspended from the practice of law before the Court
on November 6, 2013, and afforded 30 days to show cause why he should not be
disbarred, that said attorney has not submitted any matters to the Court, and
upon consideration of the action of the Supreme Court of Alaska and the United
States Court of Appeals for the Fourth Circuit, it is ordered that Stephen G.
Merrill, is hereby suspended indefinitely from the practice of law before this
Court, effective the date of this Order, with the provision that if he is
readmitted to practice law by the Supreme Court of Alaska and the United States
Court of Appeals for the Fourth Circuit, he may petition this Court for readmission
to the Bar of the Court.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-079
Friday, January 3,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0046/AR. U.S. v. Edwin M. RIVERS. CCA 20110309.
No. 14-0073/AR. U.S. v. Jose A.
GUZMAN-BONANO. CCA
20120011.
No. 14-0163/AF. U.S. v. Alfred K. GALLARDO. CCA 38100.
No. 14-0164/AR. U.S. v. Robert J. COUGHLIN. CCA 20110097.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0306/AF. U.S. v. Audrey A. JONES. CCA S32099.
No. 14-0307/AR. U.S. v. Luis A. CASTILLO. CCA 20121111.
No. 14-0308/AR. U.S. v. Richard W. CURTICIAN. CCA 20120456.
INTERLOCUTORY
ORDERS
No. 13-7001/AR. U.S. v. Hasan
K. AKBAR. CCA 20050514. Appellant's motion to extend time to respond
to the Court's order is granted, up to and including January 10, 2014. No
further extension of time will be granted to respond to the Court's order.
No. 14-0248/AR. U.S. v. Joshua L. ALANIZ. CCA 20111170.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted, but
only up to and including January 17, 2014, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0301/AF. U.S. v. Jason W. HEPBURN. CCA S32073. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 21, 2014.
No. 14-0302/AF. U.S. v. Michael S. STEINKAMP, Jr.
CCA
S32078. Appellant's motion to extend
time to file the supplement to the petition for grant of review granted to
January 21, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-078
Thursday, January 2,
2014
APPEALS-SUMMARY
DISPOSITIONS
No. 14-0077/AR. U.S. v. Robert L. DAVIS,
Jr. CCA 20120244. Review granted on the following issue:
WHETHER APPELLANT WAS
DENIED EFFECTIVE ASSISTANCE OF COUNSEL
DURING THE POST-TRIAL PHASE OF HIS COURT-MARTIAL WHEN HIS TRIAL DEFENSE COUNSEL
FAILED TO REQUEST DEFERMENT OF FORFEITURES DESPITE HIS REQUEST TO DO SO.
The decision of the
United States Army Court of Criminal Appeals is set aside, as is the convening
authority's action. The record of trial
is returned to the Judge Advocate General of the Army for submission to an
appropriate convening authority for a new recommendation and action. Thereafter, Articles 66 and 67, Uniform Code
of Military Justice, 10 U.S.C. §§ 866 and 867 (2012),
shall apply. [See also ORDERS GRANTING
PETITION FOR REVIEW this date.]
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0531/AF. U.S. v. Matthew B.
ALBRIGHT. CCA 37961. Review granted on the following issue:
WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS PANEL THAT REVIEWED APPELLANT'S CASE
WAS PROPERLY CONSTITUTED.
No briefs will be
filed under Rule 25.
No. 14-0077/AR. U.S. v. Robert L. DAVIS,
Jr. CCA 20120244. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0148/AR. U.S. v. Bradley D. FORSELL. CCA 20130047.
No. 14-0169/AR. U.S. v. Anthony P.
VILLARREAL. CCA 20110738.
No. 14-0170/AR. U.S. v. Christine GONZALEZ. CCA 20120984.
No. 14-0187/AR. U.S. v. Terrance SCOTT. CCA 20130261.
No. 14-0188/AR. U.S. v. Matthew E. WOOD. CCA 20130025.
No. 14-0189/AF. U.S. v. David P. TAYLOR. CCA 38137.
No. 14-0190/AR. U.S. v. Kareem HATCHER. CCA 20130013.
No. 14-0191/AF. U.S. v. Reginald H.
NORWOOD. CCA S32041.
No. 14-0192/AR. U.S. v. Cameron R. PARROTT. CCA 20110958.
No. 14-0194/AR. U.S. v. Salvatore J.
MAGGIORE. CCA 20121179.
No. 14-0195/AR. U.S. v. Belal
M. ANSARI.
CCA
20110712.
No. 14-0198/AF. U.S. v. Hamilton J.
JACKSON. CCA S32123.
No. 14-0201/AF. U.S. v. Jeffrey E. KERNS. CCA S32088.
No. 14-0203/AR. U.S. v. Jeffrey L. MEWBORN. CCA 20130130.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0303/AR. U.S. v. Michael A. CERAMI. CCA 20130205.
No. 14-0304/AR. U.S. v. Christopher R.
WEBB. CCA 20130466.
No. 14-0305/NA. U.S. v. Grady W. NATIONS. CCA 201200524.
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