UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 30, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0102/AR. U.S. v. Gianlouis Doconinck. CCA 20140096.

No. 16-0103/NA. U.S. v. Jamar X. Perry. CCA 201400425.

No. 16-0104/AR. U.S. v. Raul Guemarez-Pagan. CCA 20140602.

No. 16-0105/AR. U.S. v. Ryan D. Osborn. CCA 20130949.

No. 16-0106/MC. U.S. v. Matthew D. Hinojos. CCA 201400439.

No. 16-0107/AF. U.S. v. Gavin B. Atchak. CCA 38526.

No. 16-0108/AR. U.S. v. Timothy E. Bennitt. CCA 20100172.

 

Petitions for Grant of Review Denied

 

No. 15-0707/AR. U.S. v. Rodney H. Lipscomb. CCA 20120829.

No. 16-0009/AR. U.S. v. Corey W. North. CCA 20140268.

No. 16-0024/AF. U.S. v. Christopher R. Perez. CCA 38559.

No. 16-0036/AR. U.S. v. Evan M. Musgrove. CCA 20140777.

No. 16-0037/AR. U.S. v. Matthew Holladay, Jr. CCA 20140864.

 

Interlocutory Orders

 

No. 16-0024/AF. U.S. v. Christopher R. Perez. CCA 38559.  Appellee's motion to dismiss the petition for grant of review denied as moot.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 29, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0097/AR. U.S. v. Michael A. Williams. CCA 20140582.

No. 16-0098/AR. U.S. v. Carl W. Thomas II. CCA 20130698.

No. 16-0099/MC. U.S. v. Phillip L.  Odom. CCA 201500088.

No. 16-0100/AR. U.S. v. Christopher W. Crawford. CCA 20140508.

No. 16-0101/AR. U.S. v. Kevin V. Morton. CCA 20150175.

 

Petitions for Grant of Review Denied

 

No. 16-0032/AF. U.S. v. Neal R. Phillips. CCA S32265.

No. 16-0033/AR. U.S. v. Mark R. Eddy. CCA 20130239.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 28, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0095/AR. U.S. v. Shane C. Chambers. CCA 20140881.

No. 16-0096/AR. U.S. v. Benjamin D. Johnson. CCA 20140027.

 

Petitions for Grant of Review Denied

 

No. 15-0717/MC. U.S. v. Jacob G. Thomas. CCA 201400177.

 

Orders Granting Petition for Review

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150.  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 hereby granted on the following issues specified by the Court:

 

I.   DID APPELLANT ESTABLISH THAT HER CONDUCT IN DISPLAYING SIGNS REFERENCING BIBLICAL PASSAGES IN HER SHARED WORKPLACE CONSTITUTED AN EXERCISE OF RELIGION WITHIN THE MEANING OF THE RELIGIOUS FREEDOM RESTORATION ACT, 42 U.S.C. 2000bb-1 (2012), AS AMENDED? IF SO, DID THE ACTIONS OF HER SUPERIOR NONCOMMISSIONED OFFICER IN ORDERING HER TO TAKE THE SIGNS DOWN, AND IN REMOVING THEM WHEN SHE DID NOT, CONSTITUTE A SUBSTANTIAL BURDEN ON APPELLANT'S EXERCISE OF RELIGION WITHIN THE MEANING OF THE ACT? IF SO, WERE THESE ACTIONS IN FURTHERANCE OF A COMPELLING GOVERNMENT INTEREST AND THE LEAST RESTRICTIVE MEANS OF FURTHERING THAT INTEREST?

 

II.  DID APPELLANT'S SUPERIOR NONCOMMISSIONED OFFICER HAVE A VALID MILITARY PURPOSE IN ORDERING APPELLANT TO REMOVE SIGNS REFERENCING BIBLICAL PASSAGES FROM HER SHARED WORKPLACE?

 

Briefs will be filed under Rule 25.

 

Hearings

 

No. 15-0413/AF. U.S. v. Sebastian P. LaBella. CCA 37679.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 27, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0093/MC. U.S. v. Lyna J. Schofield. CCA 201500225.

No. 16-0094/AR. U.S. v. Damon J. Wilson. CCA 20140279.

 

Interlocutory Orders

 

No. 16-0078/MC. U.S. v. Jason Tucker. CCA 201400135.  Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 12, 2015.

 

No. 16-0079/NA. U.S. v. Fabian J. Thompson. CCA 201400072.  Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 12, 2015.

 

No. 16-0083/AF. U.S. v. Anthony L.W. Peacock. CCA 38043.  Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 12, 2015.

 

No. 16-0084/AF. U.S. v. Paul Y. Stephan. CCA 38568.  Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 12, 2015.

 

No. 16-0088/MC. U.S. v. Michael I. Woodye. CCA 201400336.  Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 16, 2015.

 

Hearings

 

No. 15-0172/MC. U.S. v. Francis L. Captain. CCA 201300137.

No. 15-0334/MC. U.S. v. Quantaus R. Riggins. CCA 201400046.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 26, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0088/MC. U.S. v. Michael I. Woodye. CCA 201400336.

No. 16-0089/AF. U.S. v. Jacob S. Lombardi. CCA 38637.

No. 16-0090/MC. U.S. v. Derek Rivera. CCA 201500112.

No. 16-0091/AR. U.S. v. Djoulou K. Caldwell. CCA 20140425.

No. 16-0092/AR. U.S. v. Bradley J. James. CCA 201220216.

 

Petitions for Grant of Review Denied

 

No. 15-0744/AF. U.S. v. Joshua A. Hensley. CCA 38548.

No. 16-0005/AR. U.S. v. Joseph R. Lee. CCA 20130718.

No. 16-0031/AR. U.S. v. Danzell T. Gonzales. CCA 20140605.

 

Petitions for Grant of Review – Interlocutory Orders

 

No. 16-0005/AR. U.S. v. Joseph R. Lee. CCA 20130718.  The order of October 26, 2015, denying the petition for grant of review was released without consideration of Appellant's motion to file supplemental issue submitted on October 23, 2015. Accordingly, it is ordered that said order denying the petition for grant of review is hereby vacated.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 23, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0078/MC. U.S. v. Jason Tucker. CCA 201400135.

No. 16-0079/NA. U.S. v. Fabian J. Thompson. CCA 201400072.

No. 16-0080/AR. U.S. v. DeArius D. Oliver. CCA 20140481.

No. 16-0081/AR. U.S. v. Theodore H. Kremer. CCA 20130592.

No. 16-0082/NA. U.S. v. Gustavo A. Hernandez. CCA 201500145.

No. 16-0083/AF. U.S. v. Anthony L.W. Peacock. CCA 38043.

No. 16-0084/AF. U.S. v. Paul Y. Stephan. CCA 38568.

No. 16-0085/AR. U.S. v. Lawrence J. Kinsley. CCA 20140512.

No. 16-0086/AR. U.S. v. Daniel E. Haddox. CCA 20140123.

No. 16-0087/AR. U.S. v. Tania M. Way. CCA 20140191.

 

Petitions for Grant of Review Denied

 

No. 16-0015/AF. U.S. v. Adam B. Cagle. CCA 38592.

 

Interlocutory Orders

 

No. 16-0065/AF. Jose A. Cossio, Appellant v.  United States, and United States Air Force Court of Criminal Appeals, Appellees. CCA 2014-14.  On consideration of Appellees' motion to extend time to file an answer to the writ-appeal petition, it is ordered that said motion is hereby granted to November 5, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 22, 2015

 

Petitions for Grant of Review Denied

 

No. 16-0001/AF. U.S. v. Jeremy J. Grawey. CCA S32029.

No. 16-0025/AR. U.S. v. Jose I. Ayala. CCA 20130610.

 

Notices of Designation

 

No. 15-0426/AR. U.S. v Richard A. Gifford. CCA 20120545.

No. 15-0372/NA. U.S. v. Pedro M. Bess. CCA 201300311.

 

At the request of Chief Judge Charles E. "Chip" Erdmann, Chief Justice John G. Roberts, Jr., has designated Senior Judge David Brian Sentelle of the United States Court of Appeals for the District of Columbia Circuit to perform the duties of a Judge of the United States Court of Appeals for the Armed Forces for the above captioned cases pursuant to Article 142(f), Uniform Code of Military Justice, 10 U.S.C. § 942(f)(2012).

 

Interlocutory Orders

 

No. 15-0477/AF. U.S. v. Nicholas E. Busch. CCA 38530.  Appellee's motion to file a supplemental brief is granted. Appellee may file a supplemental brief on or before October 23, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 21, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0073/AR. U.S. v. Matthew B. Thornton. CCA 20140724.

No. 16-0074/AR. U.S. v. Jason A. Brown. CCA 20150029.

No. 16-0075/AR. U.S. v. Jerrod I. Reed. CCA 20150391.

No. 16-0076/AR. U.S. v. Jarrett S. Best. CCA 20150075.

No. 16-0077/AR. U.S. v. Ronald B. Smith, Jr. CCA 20140246.

 

Petitions for Grant of Review Denied

 

No. 15-0763/AR. U.S. v. Ashlen N. Gibson. CCA 20140112.

No. 16-0011/AR. U.S. v. Donald L. Earls II. CCA 20150046.

 

Hearings

 

No. 15-0476/AR. U.S. v. Eric L. Rapert. CCA 20130309.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 20, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0051/AR. U.S. v.  Johnny Bigmedicine. CCA 20150176.

No. 16-0069/AF. U.S. v. Benjamin R. Sears. CCA 38635.

No. 16-0070/AF. U.S. v. Derrick M. Benner. CCA S32284.

No. 16-0071/AR. U.S. v. Jorge L. Uriarte. CCA 20140944.

No. 16-0072/AR. U.S. v. Michael A. Covey. CCA 20150091.

 

Petitions for Grant of Review Denied

 

No. 15-0772/AF. U.S. v. Jesse Q. Hutchinson. CCA 38503.

 

Interlocutory Orders

 

No. 15-0172/MC. U.S. v. Francis L. Captain. CCA 201300137.  Appellant's motion to submit a supplemental joint appendix is granted.

 

No. 16-0066/NA. U.S. v. Lamont E. Hoyes. CCA 201300303.  Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 9, 2015.

 

Hearings

 

No. 15-0361/MC. U.S. v. Matthew P. Hoffman. CCA 201400067.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 19, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0066/NA. U.S. v. Lamont E. Hoyes. CCA 201300313.

No. 16-0067/AR. U.S. v. Gerald M. Kinloch. CCA 20150034.

 

Petitions for Grant of Review Denied

 

No. 15-0774/AF. U.S. v. Floyd M. Jeter. CCA 38511.

No. 16-0021/AR. U.S. v. Richard A. Sheltra. CCA 20130827.

No. 16-0022/AR. U.S. v. Brandon E. Baur. CCA 20140213.

No. 16-0023/AR. U.S. v. Jarrell D. Speight. CCA 20130837.

 

Certificates for Review Filed

 

No. 16-0068/NA. United States, Appellant v. Dustin M. Clark, Appellee. CCA 201400232.  Notice is hereby given that a certificate of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 this date on the following issues:

 

ARTICLE 66(c), UCMJ, REQUIRES THAT COURTS OF CRIMINAL APPEALS CONDUCT A PLENARY REVIEW OF THE ENTIRE RECORD AND "RECOGNIZ [E] THAT THE TRIAL COURT SAW AND HEARD THE WITNESSES." IN REVERSING APPELLEE'S CONVICTIONS FOR FACTUAL INSUFFICIENCY WITHOUT ACKNOWLEDGING THE MILITARY JUDGE'S NON-GUILT SPECIAL FINDINGS DID THE LOWER COURT FAIL TO CONDUCT A COMPLETE ARTICLE 66(c) REVIEW?

 

IN CONDUCTING ITS FACTUAL SUFFICIENCY REVIEW, THE LOWER COURT USED A DIFFERENT STANDARD OF REVIEW FOR THE NON-GUILT SPECIAL FINDINGS MADE BY THE MILITARY JUDGE UNDER RULE FOR COURTS-MARTIAL 918(b) THAN THAT ADOPTED BY THE ARMY AND AIR FORCE COURTS OF CRIMINAL APPEALS. SHOULD THE LOWER COURT HAVE REVIEWED THE MILITARY JUDGE'S NON-GUILT SPECIAL FINDINGS UNDER THE CLEAR ERROR STANDARD ADOPTED BY THE ARMY AND AIR FORCE COURTS OF CRIMINAL APPEALS?




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 16, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0062/NA. U.S. v. Thomas J. Harris. CCA 201400382.

No. 16-0063/AR. U.S. v. Corey R. Hall. CCA 20150368.

No. 16-0064/AR. U.S. v. Daniel C. Perez. CCA 20140859.

 

Petitions for Grant of Review Denied

 

No. 15-0739/AR. U.S. v. Joshua R. Kittelmann. CCA 20120542.

No. 16-0020/MC. U.S. v. Amber N. Basares. CCA 201400278.

 

Miscellaneous Docket - Filings

 

No. 16-0065/AF. Jose A. Cossio, Appellant v. United States, and United States Air Force Court of Criminal Appeals, Appellees. CCA 2014-14.  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 in the nature of writ of error coram nobis, together with a motion for leave to file brief instanter, which this Court construed as a motion to file the writ-appeal petition out of time, was filed under Rule 27(b) on this date. Appellees may file an answer to said motion on or before October 23, 2015. Appellees will file an answer to said writ-appeal petition on or before October 26, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 15, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0060/AR. U.S. v. Richard L. Young, Jr. CCA 20150263.

No. 16-0061/AF. U.S. v. David M. Campbell. CCA 38610.

 

Petitions for Grant of Review Denied

 

No. 15-0759/AR. U.S. v. Uriel Rivaschivas. CCA 20140471.

No. 16-0017/AR. U.S. v. Eikcaj K. Morris-Solomon. CCA 20140579.

 

Interlocutory Orders

 

No. 15-0260/AF. U.S. v. Andrew P. Witt. CCA 36785.  Appellee's third motion for an extension of time to file a brief granted to November 30, 2015, and absent extraordinary circumstances, no further extension of time will be granted.

 

No. 16-0014/NA. U.S. v. Jacob L. Pease. CCA 201400165.  Appellant's motion to file a corrected brief is granted.

 

No. 16-0027/NA. Dustin M. Clark, Appellant v. United States, Appellee. CCA 201400232.  Appellant's motion to attach is granted.

 

No. 16-0059/AR. Robert B. Bergdahl, Appellant v. Peter Q. Burke, Lieutenant Colonel, AG, U.S. Army, in his official capacity as Commander, Special Troops Battalion, U.S. Army Forces Command, Fort Bragg, NC, and Special Court-Martial Convening Authority.  CCA 20150624.  Appellant's motion to cite additional authority and to correct erratum granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 14, 2015

 

Appeals - Summary Dispositions

 

No. 15-0377/NA. U.S. v. Nestor L. Suazo-Lopez. CCA 201300463.  On further consideration of the granted issue, 74 M.J. 327 (C.A.A.F. 2015), and the briefs of the parties, and in view of United States v. Ward, 74 M.J. 225 (C.A.A.F. 2015), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

 

Interlocutory Orders

 

No. 15-0140/AR. U.S. v. Henry L. Williams III. CCA 20130284.  On consideration of Appellee's motion to cancel oral argument, it is ordered that said motion is hereby granted. The Hearing Notice issued on August 12, 2015, is hereby vacated.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 13, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0057/AF. U.S. v. Matthew T. Ginn. CCA 38551.

No. 16-0058/AF. U.S. v. Rocky L. Lister. CCA 38543.

 

Petitions for Grant of Review Denied

 

No. 15-0670/AR. U.S. v. Abess K. Safiedeen. CCA 20121124.

No. 15-0718/AR. U.S. v. Samuel C. Sartain. CCA 20140207.

No. 15-0722/AR. U.S. v. Christopher D. McBeth. CCA 20130233.

No. 15-0761/AR. U.S. v. Vincinte L. Jackson. CCA 20121144.

No. 16-0010/AR. U.S. v. Kamarques K. Dyess. CCA 20120486.

No. 16-0016/MC. U.S. v. Aaron C. Wilson. CCA 201500017.

 

Miscellaneous Docket - Filings

 

No. 16-0059/AR. Robert B. Bergdahl, Appellant v. Peter Q. Burke, Lieutenant Colonel, AG, U.S. Army, in his official capacity as Commander, Special Troops Battalion, U.S. Army Forces Command, Fort Bragg, NC, and Special Court-Martial Convening Authority.  CCA 20150624.  Notice is hereby given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on petition for writ of mandamus was filed under Rule 27(b) on this date. Appellees will file an answer to said writ-appeal petition on or before October 23, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 9, 2015


Petitions for Grant of Review Filed

 

No. 16-0056/AF. U.S. v. Thomas N. Collins II. CCA S32242.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 8, 2015


Petitions for Grant of Review Denied

 

No. 15-0679/AR. U.S. v. Geno R. Sellers. CCA 20130589.

No. 15-0720/AF. U.S. v. Joshua B. Chappell-Denzer. CCA 38498.

No. 15-0773/AF. U.S. v. Jared W. Stout. CCA S32199.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 7, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0055/AF. U.S. v. Sergio Rosales. CCA 38502.

 

Certificates for Review Filed

 

No. 16-0053/AF. U.S. v. Shelby L. Williams. CCA 38454.  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 on this date on the following issues:

 

I.    WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE TRIAL DEFENSE COUNSEL SUFFICIENTLY OBJECTED TO THE ADMISSION OF THE EVIDENCE RELATING TO A PREGNANCY AND MISCARRIAGE.

 

II.   WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE MILITARY JUDGE ABUSED HER DISCRETION WHEN SHE ADMITTED TESTIMONY PURSUANT TO MIL. R. EVID. 413, AND ERRED IN FINDING PREJUDICE.

 

III.   WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS COMMITTED A LEGAL ERROR BY DENYING THE UNITED       STATES' MOTION TO SUBMIT A DECLARATION FROM AN EXPERT WHO ADDRESSED THE MEDICAL CONCLUSIONS RAISED FOR THE FIRST TIME IN THE MAJORITY OPINION.

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before November 6, 2015.

 

No. 16-0054/AF. U.S. v. Gavin B. Atchak. CCA 38526.  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 on this date on the following issue:

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN SETTING ASIDE AND DISMISSING THE SPECIFICATIONS OF AGGRAVATED ASSAULT WITHOUT AUTHORIZING THE CONVENING AUTHORITY TO ORDER A REHEARING FOR THE LESSER INCLUDED OFFENSES OF ASSAULT CONSUMMATED BY A BATTERY.

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before November 6, 2015.

 

Orders Granting Petition for Review

 

No. 15-0754/MC. U.S. v. Beau T. Martin. CCA 201400315.  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 hereby granted on the following issue specified by the Court: 

 

WHETHER THE COURT OF CRIMINAL APPEALS ERRED IN HOLDING THAT THE HUMAN LIE DETECTOR TESTIMONY OFFERED BY THE ALLEGED VICTIM'S HUSBAND WAS NOT MATERIALLY PREJUDICIAL.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 15-0413/AF. U.S. v. Sebastian P. LaBella. CCA 37679.  On consideration of the motion of the United States Air Force Appellate Defense Division for leave to file an Amicus Curiae brief in support of Appellant, it is ordered that said motion is hereby granted.

 

No. 15-0734/AR. U.S. v. Steven E. Hill. CCA 20120979.  On consideration of Appellant's motion to file out of time additional matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motion is hereby denied.

 

No. 16-0033/AR. U.S. v. Mark R. Eddy. CCA 20130239.  Appellant's motion to file a corrected supplement to the petition for grant of review is granted.

 

Hearings

 

No. 15-0425/AF. U.S. v. Alan J. Killion, Jr. CCA S32193.

No. 15-0477/AF. U.S. v. Nicholas E. Busch. CCA 38530.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 6, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0051/AR. U.S. v.  Johnny Bigmedicine. CCA 20150176.

No. 16-0052/AF. U.S. v. Jason L. Banegas. CCA 38569.

 

Petitions for Grant of Review Denied

 

No. 15-0695/AR. U.S. v. Israel M. Beltran. CCA 20140065.

No. 15-0737/AR. U.S. v. Gregory L. Forst II. CCA 20140238.

No. 15-0740/AR. U.S. v. Charles A. Kring III. CCA 20140655.

No. 15-0771/MC. U.S. v. Eric J. Parsons. CCA 201400435.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0008/CG. Christopher S. Cooley, Petitioner v. William G. Kelly, Rear Admiral, United States Coast Guard, in his official capacity as Commander, Personnel Service Center, and United States, Respondents. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus or writ of mandamus, it is ordered that said petition is hereby denied.

 

Interlocutory Orders

 

No. 15-0361/MC. U.S. v. Matthew P. Hoffmann. CCA 201400067.  On consideration of the motions filed by Timothy C. MacDonnell, Esq., Washington and Lee School of Law, to appear pro hac vice, to allow appearance of law student on behalf of Amicus Curiae, for Loren K. Peck to appear as Amicus Curiae, and to submit oral argument as Amicus Curiae, it is ordered that said motions are hereby granted. Amicus Curiae will be allotted 10 minutes to present oral argument.

 

No. 15-0476/AR. U.S. v. Eric L. Rapert. CCA 20130309.  On consideration of the motions filed by Stephen L. Braga, Director, Appellate Litigation Clinic, University of Virginia School of Law, to appear pro hac vice, to allow appearance of law student on behalf of Amicus Curiae, for Hardev Chhokar and Dana Wallace to appear as Amici Curiae, and to submit oral argument as Amicus Curiae, it is ordered that said motions are hereby granted. Amicus Curiae will be allotted 10 minutes to present oral argument. Only one law student will be allowed to present oral argument.

 

No. 16-0018/AF. U.S. v. Justin M. Davis. CCA 38518.  Appellant's second motion to extend time to file the supplement to the petition for grant of review granted up to and including October 15, 2015.

 

No. 16-0019/AR. U.S. v. Asa M. Evans. CCA 20130647.  Appellant's second motion to extend time to file the supplement to the petition for grant of review granted up to and including October 20, 2015.

 

Hearings

 

No. 15-0384 and 15-0387/CG. U.S. v. Christopher S. Cooley. CCA 1389.

No. 15-0087/MC. U.S. v. Carlton Wilder, Jr. CCA 201400118.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 5, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0045/AR. U.S. v. Heath A. Garcia. CCA 20140736.

No. 16-0046/AR. U.S. v. William E. Mayberry. CCA 20120396.

No. 16-0047/AR. U.S. v. Henry C. Hoeft IV. CCA 20140827.

No. 16-0048/AR. U.S. v. Vincent M. Sunseri. CCA 20150002.

No. 16-0049/AR. U.S. v. Thomas D. Moellering. CCA 20130516.

No. 16-0050/AF. U.S. v.  Christian Dorflinger. CCA 38572.

 

Petitions for Grant of Review Denied

 

No. 16-0003/AF. U.S. v. Paulo D. Walters. CCA 38516.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 2, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0040/MC. U.S. v. Marc C. Nichols. CCA 201500131.

No. 16-0041/AR. U.S. v. Josh P. Bergeron. CCA 20130170.

No. 16-0042/AR. U.S. v. Jeremy I. Aquino. CCA 20130953.

No. 16-0043/AR. U.S. v. Paul S. Talar. CCA 20130603.

No. 16-0044/AR. U.S. v. Harley J. Alexander. CCA 20150141.

 

Petitions for Grant of Review Denied

 

No. 15-0777/AR. U.S. v. Gary S. King. CCA 20130808.

No. 15-0778/AR. U.S. v. Roberto H. Alvarez. CCA 20140045.

No. 15-0779/AR. U.S. v. Seth A. Epperson. CCA 20140332.

No. 15-0780/AR. U.S. v. Keith L. Davis. CCA 20131073.

No. 15-0781/AR. U.S. v. Johnathan D. Yellets. CCA 20121107.

No. 15-0782/AF. U.S. v. Christopher B. Starks. CCA S32221.

No. 16-0002/AF. U.S. v. Alphonso K. Dixon. CCA S32061.

 

Order In Re Term of Court

 

It is, by the Court, this 2nd day of October, 2015,

ORDERED:

That the Term of Court policy, 65 M.J. 288 (C.A.A.F. 2007), is hereby amended and will apply as follows with respect to the current Term of Court and succeeding terms:

 

(a) The current Term of Court will end on September 30, 2016; and

 

(b) The Term of Court beginning on October 1, 2016, and each Term of Court thereafter, will be a 12-month term beginning on October 1, of each year and ending on September 30 of the following calendar year, and will be designated as the October Term of Court of the year in which the term begins.



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