UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 30, 2016
Interlocutory Orders
No. 16-0620/AF. U.S. v. Victorino Refre, Jr. CCA 2016-08. Appellant's motion to extend time to
file an answer to Appellee's motion to dismiss
granted to July 11, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 29, 2016
Petitions for Grant of Review Filed
No. 16-0638/AR. U.S. v. Joseph R. Wilson. CCA 20130601.
No. 16-0639/AF. U.S. v. Timothy P. Watson,
Jr. CCA S32380.
No. 16-0640/AR. U.S. v. Joshua M. Phillips. CCA 20140640.
Petitions for Grant of Review Denied
No. 16-0481/AR. U.S. v. Joseph D. Chase, Jr. CCA 20140170.
No. 16-0498/AR. U.S. v. Alan A. Galeana. CCA 20140799.
No. 16-0514/AR. U.S. v. Terrance D. Hewitt. CCA 20150656.
No. 16-0545/AR. U.S. v. Aaron J. Lange. CCA 20140744.
Orders Granting Petition for Review
No. 16-0555/AR. U.S.
v. Jason M. Commisso. CCA 20140205. 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 on the following issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE DEFENSE'S POST-TRIAL
MOTION FOR A MISTRIAL, THEREBY VIOLATING APPELLANT'S RIGHT TO HAVE HIS CASE
DECIDED BY A PANEL OF FAIR AND IMPARTIAL MEMBERS, BECAUSE THREE PANEL MEMBERS
FAILED TO DISCLOSE THAT THEY HAD PRIOR KNOWLEDGE OF THE CASE.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 28, 2016
Petitions for Grant of Review Filed
No. 16-0633/AR. U.S. v. Tomas J. Gonzalez. CCA 20150005.
No. 16-0634/AR. U.S. v. Christopher A. Shidagis. CCA 20150458.
No. 16-0635/AR. U.S. v. Laith
G. Cox.
CCA
20130923.
No. 16-0636/AR. U.S. v. Geoffrey A. Thompson. CCA 20150321.
No. 16-0637/AF. U.S. v. Casey M. Crowder.
CCA
S32315.
Petitions for Grant of Review
Withdrawn
No. 16-0458/AR. U.S. v. Aaron C. Sales. CCA 20150623. Appellant's motion to withdraw the petition
for grant of review granted.
Interlocutory Orders
No. 16-0369/AR. U.S. v. Arturo A. Tafoya. CCA 20140798. Appellee's motion to extend time to file a brief granted to
July 20, 2016.
No. 16-0635/AR. U.S. v. Laith
G. Cox.
CCA
20130923. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to July 18, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 27, 2016
Petitions for Grant of Review Filed
No. 16-0632/AF. U.S. v. Brandon T. James.
CCA
S32302.
Petitions for Grant of Review Denied
No. 16-0509/AR. U.S. v. Tariq I. Khan. CCA 20150232.
No. 16-0544/AR. U.S. v. Steven L. Marko. CCA 20150426.
No. 16-0547/AR. U.S. v. Walter J. Mathis. CCA 20140473.
No. 16-0550/AR. U.S. v. Zechariah D. MacDonald. CCA 20140397.
No. 16-0552/AR. U.S. v. Pho Y. Truong. CCA 20150277.
No. 16-0558/AR. U.S. v. Wayne T. Sookram. CCA 20160018.
No. 16-0560/AR. U.S. v. Christian L. Liriano. CCA 20150599.
No. 16-0561/AF. U.S. v. Robert C. Brown.
CCA 38817.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 24, 2016
Petitions for Grant of Review Filed
No. 16-0624/AR. U.S. v. Michel Dieujuste. CCA 20150326.
No. 16-0625/AR. U.S. v. Jarrid
R. Lovett.
CCA
20140580.
No. 16-0626/AR. U.S. v. Daniel P. Stapleton. CCA 20150689.
No. 16-0627/AR. U.S. v. Michael R. Wiedemann,
Jr. CCA 20160012.
No. 16-0628/AR. U.S. v. Lawrence L. Whaley II. CCA 20140767.
No. 16-0629/AR. U.S. v. Brian C. McBride. CCA 20140052.
No. 16-0630/AR. U.S. v. Richard A. Gifford. CCA 20120545.
No. 16-0631/AR. U.S. v. Richard T. Manriquez. CCA 20140893.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 23, 2016
Petitions for Grant of Review Filed
No. 16-0620/AF. U.S. v. Victorino Refre, Jr. CCA 2016-08.
No. 16-0621/MC. U.S. v. Brian S. Johnson. CCA 201500196.
No. 16-0622/AF. U.S. v. Travis B. Yates.
CCA 38889.
No. 16-0623/AR. U.S. v. Johnathan
R. Murillo.
CCA
20160064.
Appeals - Summary Dispositions
No. 16-0464/AR. U.S.
v. Jonathan D. Perez. CCA 20140117. On consideration of the petition for grant of review of
the decision of the United States Army Court of Criminal Appeals, we note that
the Court of Criminal Appeals stated that Appellant had been sentenced to a
bad-conduct discharge, confinement for four months, and reduction to the grade
of E-1. It then affirmed that sentence after reassessment. In fact, the
sentence adjudged by the military judge at trial and approved by the convening
authority did not include a reduction. Accordingly, it is ordered that said
petition is hereby granted, and the decision of the United States Army Court of
Criminal Appeals is affirmed as to findings and to only so much of the sentence
as provides for confinement for four months and a bad-conduct discharge.
Orders Granting Petition for Review
No. 16-0455/AF. U.S. v. Trentlee
D. McClour. CCA 38704. On consideration of the petition for grant of review of
the decision of the United States Air Force Court of Criminal Appeals, it is
ordered that said petition is hereby granted on the following issue:
WHETHER
AFCCA ERRED WHEN IT FAILED TO GRANT RELIEF WHERE THE
MILITARY JUDGE INSTRUCTED THE MEMBERS, "IF BASED ON YOUR CONSIDERATION OF
THE EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE ACCUSED IS GUILTY OF ANY
OFFENSE CHARGED, YOU MUST FIND HIM GUILTY," WHERE SUCH AN INSTRUCTION IS
IN VIOLATION OF UNITED STATES v. MARTIN LINEN SUPPLY CO., 430 U.S. 564,
572-73 (1977) AND THERE IS INCONSISTENT APPLICATION BETWEEN THE SERVICES OF THE
INSTRUCTIONS RELATING TO WHEN MEMBERS MUST OR SHOULD CONVICT AN ACCUSED.
Briefs
will be filed under Rule 25.
Mandates Issued
No. 16-0019/AR. U.S. v. Asa M.
Evans.
CCA
20130647.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 22, 2016
Petitions for Grant of Review Filed
No. 16-0613/AR. U.S. v. Bryant K. Marsh. CCA 20120572.
No. 16-0614/AF. U.S. v. Michael J. Mellott. CCA 38776.
No. 16-0615/AF. U.S. v. Zavian M.T. Addison. CCA S32287.
No. 16-0616/AF. U.S. v. Kelvin L.
O'Shaughnessy. CCA 38732.
No. 16-0617/AF. U.S. v. Joseph D. Morchinek. CCA S32291.
No. 16-0618/AR. U.S. v. Terrell D. Price. CCA 20150406.
No. 16-0619/AF. U.S. v. Eddy C. Soto.
CCA 38422.
Petitions for Grant of Review Denied
No. 16-0541/CG. U.S. v. Thomas J.
Randolph. CCA 003-62-16.
Miscellaneous Docket - Summary
Dispositions
No. 16-0596/AF. Rafael Verdejo-Ruiz,
Petitioner v. United States, Respondent. On consideration of the petition for
extraordinary relief in the nature of a writ of habeas corpus, it is
ordered that said petition is hereby denied.
Orders Granting Petition for Review
No. 16-0416/AR. U.S.
v. Gene N. Williams. CCA 20130582. 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 on the following issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY GIVING A MILITARY RULE OF EVIDENCE
413 INSTRUCTION TO THE PANEL BECAUSE NO EVIDENCE HAD
BEEN ADMITTED BY THE MILITARY JUDGE FOR 413 PURPOSES.
No
briefs will be filed under Rule 25.
Interlocutory Orders
No. 16-0455/AF. U.S. v. Trentlee D. McClour. CCA 38704.
Appellant's motion to attach documents is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 21, 2016
Petitions for Grant of Review Filed
No. 16-0612/AF. U.S. v. Kevin W. Barnes.
CCA 38720.
Interlocutory Orders
No. 16-0416/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellee's motion to file a 10-day answer letter out of
time is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 20, 2016
Petitions for Grant of Review Filed
No. 16-0610/AR. U.S. v. Corley Z. Black. CCA 20140010.
No. 16-0611/AF. U.S. v. Richard K. Price,
Jr. CCA S32330.
Petitions for Grant of Review Denied
No. 16-0480/AR. U.S. v. Rudy Nunez. CCA 20140896.
No. 16-0527/AF. U.S. v. Kyle A. Beitel. CCA 38650.
No. 16-0528/AF. U.S. v. Adolphus A. Young III. CCA 38761.
No. 16-0529/AR. U.S. v. Adam P. Stephenson. CCA 20140719.
No. 16-0532/AF. U.S. v. Vincent A.J. Bressette. CCA S32325.
No. 16-0534/AR. U.S. v. Kenneth A. Elmore. CCA 20140649.
No. 16-0536/AR. U.S. v. Sergio Porrasbalderrama. CCA 20140592.
No. 16-0537/AR. U.S. v. Daniel J. Powers. CCA 20140663.
No. 16-0538/AR. U.S. v. Michael D. Mitchell. CCA 20140748.
Interlocutory Orders
No. 16-0603/MC. U.S. v. Duane J. Nairns. CCA 201600013. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 7, 2016.
No. 16-0609/NA. U.S. v. Alexander E.
Knowles. CCA 201500181. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to July 7, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 17, 2016
Petitions for Grant of Review Filed
No. 16-0603/MC. U.S. v. Duane J. Nairns. CCA 201600013.
No. 16-0604/NA. U.S. v. David W. Welch.
CCA
201500184.
No. 16-0605/AR. U.S. v. Mark V. Odie. CCA 20130122.
No. 16-0606/AR. U.S. v. Gregory G. Dixon. CCA 20140619.
No. 16-0607/AR. U.S. v. Stephan G. Kurdilla. CCA 20140964.
No. 16-0608/AR. U.S. v. Casey D. Young. CCA 20140946.
No. 16-0609/NA. U.S. v. Alexander E.
Knowles. CCA 201500181.
Interlocutory Orders
No. 16-0599/AR. U.S. v. Jared D. Herrmann. CCA 20131064. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 5, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 16, 2016
Petitions for Grant of Review Filed
No. 16-0600/AR. U.S. v. Jason E.L.
French.
CCA
20150123.
No. 16-0601/AR. U.S. v. Hunter J. Israel. CCA 20131054.
No. 16-0602/AR. U.S. v. Timothy Leybovsky. CCA 20150073.
Petitions for Grant of Review Denied
No. 16-0524/AR. U.S. v. Shawndale
R. Teague, Jr. CCA 20140394.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 15, 2016
Petitions for Grant of Review Filed
No. 16-0598/AR. U.S. v. Daniel E. Harris. CCA 20150545.
No. 16-0599/AR. U.S. v. Jared D. Herrmann. CCA 20131064.
Miscellaneous Docket - Filings
No. 16-0596/AF. Rafael Verdejo-Ruiz,
Petitioner v. United States, Respondent. Notice is hereby given that a petition
for extraordinary relief in the nature of a writ of habeas corpus under Rule
27(a) was mailed to the Court on June 6, 2016, and placed on the docket this
date.
Miscellaneous Docket - Summary
Dispositions
No. 16-0597/AR. In re John L. Cockerham, Petitioner. Notice is hereby given that a
petition for extraordinary relief under Rule 27(a) was mailed to the Court on
May 23, 2016, and placed on the docket this date. On consideration thereof, it
is ordered that said petition is hereby dismissed for lack of jurisdiction.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 14, 2016
Petitions for Grant of Review Filed
No. 16-0592/AR. U.S. v. Tito O. Myree. CCA 20140645.
No. 16-0593/AR. U.S. v. Tischare
D. Walker.
CCA
20160013.
No. 16-0594/AR. U.S. v. Quintin
A. Gilbert.
CCA
20150670.
No. 16-0595/AR. U.S. v. Miguel A. Arroyo. CCA 20140746.
Petitions for Grant of Review Denied
No. 16-0505/CG. U.S. v. Andrew T. Meador.
CCA
002-62-16.
No. 16-0513/AR. U.S. v. Jason B. Maher. CCA 20140855.
No. 16-0519/AR. U.S. v. Joshua L. Ray. CCA 20150154.
No. 16-0525/AR. U.S. v. Ricky B. Ceasor,
Jr. CCA 20140828.
Interlocutory Orders
No. 16-0346/AF. U.S. v. Jefferson R.
McFadden. CCA 38597. On consideration of Appellant's motion for
suspension of the Rule, motion for leave to file a petition for reconsideration
out of time, and motion for leave to attach declaration in support of
Appellant's motion for leave to file a petition for reconsideration out of
time, it is ordered that said motions are hereby denied.
No. 16-0588/NA. U.S. v. Adam S. Nelms. CCA 201400369. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to July 5, 2016.
No. 16-0590/AF. U.S. v. Nicholas A.R. Marsh. CCA 38688. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to July 5, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 13, 2016
Petitions for Grant of Review Filed
No. 16-0588/NA. U.S. v. Adam S. Nelms. CCA 201400369.
No. 16-0589/AF. U.S. v. Jeffery L. Lewis.
CCA 38727.
No. 16-0590/AF. U.S. v. Nicholas A.R. Marsh. CCA 38688.
No. 16-0591/AF. U.S. v. Tyler W. Crowell.
CCA
S32267.
Petitions for Grant of Review Denied
No. 16-0494/AF. U.S. v. Lawrence D.
Williams, Jr. CCA 38677.
No. 16-0520/AR. U.S. v. Tyler S. Hebert. CCA 20130661.
No. 16-0523/AF. U.S. v. Eric B. Cobaugh. CCA 38662.
Interlocutory Orders
No. 16-0391/MC. U.S. v. Emmanuel Q. Bartee. CCA 201500037. Appellant's
motion to extend time to file a brief granted to June 30, 2016.
No. 16-0547/AR. U.S. v. Walter J. Mathis. CCA 20140473. Appellant's
motion to file a corrected supplement to the petition for grant of review is
granted.
No. 16-0586/MC. U.S. v. Nhubu
C. Chikaka. CCA 201400251. Appellant's motion to extend time to file the
supplement to the petition of grant of review granted to June 30, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 10, 2016
Petitions for Grant of Review Filed
No. 16-0586/MC. U.S. v. Nhubu C. Chikaka. CCA
201400251.
No. 16-0587/AR. U.S. v. Jonathan A. Tennant. CCA
20150764.
Petitions for Grant of Review Denied
No. 16-0516/AR. U.S. v. Kevin Rodriguez. CCA
20130577.
Petitions for Grant of Review -
Summary Dispositions
No. 16-0362/AR. U.S.
v. Randy L. Simpson, Jr. CCA 20140126. 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 on the following
issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION IN ACCEPTING THE GUILTY PLEA TO THE
SPECIFICATION OF ADDITIONAL CHARGE I BY FAILING TO ESTABLISH A SUFFICIENT
FACTUAL BASIS THAT CFNA WAS THE LARCENY VICTIM.
The
decision of the United States Army Court of Criminal Appeals is vacated and the
record of trial is returned to the Judge Advocate General of the Army for remand
to the Court of Criminal Appeals to consider the granted issue in light of United
States v. Williams, 75 M.J. 129 (C.A.A.F. 2016). Thereafter, Article 67,
Uniform Code of Military Justice, 10 U.S.C. §867 (2012) will apply.
Orders Granting Petition for Review
No. 16-0423/AR. U.S.
v. Joseph R. Haverty. CCA
20130559.
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 on the following issue specified by the Court:
WHETHER
THE MILITARY JUDGE COMMITTED PLAIN ERROR WHEN HE FAILED TO INSTRUCT THE PANEL
ON THE MENS REA REQUIRED FOR AN ARTICLE 92, UCMJ, VIOLATION OF ARMY REGULATION 600-20, WHICH PROHIBITS
REQUIRING THE CONSUMPTION OF EXCESSIVE AMOUNTS OF ALCOHOL AS AN INITIATION RITE
OF PASSAGE.
Briefs
will be filed under Rule 25.
No. 16-0424/MC. U.S.
v. Mark J. Rosario. CCA
201500251.
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:
WHETHER
THE LOWER COURT ERRED IN CONDUCTING ITS ARTICLE 66(c), UCMJ, REVIEW BY FINDING
AS FACT ALLEGATIONS THAT SUPPORTED CHARGES OF WHICH APPELLANT WAS ACQUITTED TO
AFFIRM THE FINDINGS AND SENTENCE.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 9, 2016
Petitions for Grant of Review Filed
No. 16-0582/AR. U.S. v. Michael B. Scioneaux. CCA 20130850.
No. 16-0583/AR. U.S. v. Shawn C. Clark. CCA 20140252.
No. 16-0584/AR. U.S. v. Gerald E. Nelson. CCA 20140404.
No. 16-0585/AR. U.S. v. James D. Holeman. CCA 20150207.
Petitions for Grant of Review Denied
No. 16-0492/AR. U.S. v. Jason R. Crews. CCA 20130766.
Petitions for Grant of Review -
Summary Dispositions
No. 16-0485/AR. U.S.
v. Samuel J. Chance. CCA 20140072. On consideration of the petition for grant of review of
the decision of the United States Army Court of Criminal Appeals and the record
of trial, it is noted that the military judge neglected to order a portion of
the record sealed under MRE 412. Accordingly, it is
ordered that said petition is hereby granted, and the decision of the United
States Army Court of Criminal Appeals is affirmed.*
* The Clerk of Court is ordered to seal pages
11-13 of the record of trial.
Appeals - Summary Dispositions
No. 16-0184/AR. U.S.
v. Bradley T. Fontenelle. CCA 20140424. On further
consideration of the granted issue, __ M.J .__ (Daily Journal March 17, 2016), and the briefs of the
parties, we note that the offense of which Appellant was convicted did not
include the word "indecent" and thus was a simple disorder punishable
by a maximum sentence of four months of confinement and forfeiture of
two-thirds pay per month for four months. See United States v. Beaty, 70 M.J.
39 (C.A.A.F. 2011). Therefore, the sentence of
a bad-conduct discharge awarded by the military judge was unauthorized.
Accordingly, it is ordered that the decision of the United States Army
Court of Criminal Appeals is hereby affirmed as to the findings but reversed as
to the sentence. The record of trial is returned to the Judge Advocate General
of the Army for remand to an appropriate convening authority who may reassess
the sentence using the factors provided in United States v. Winkelmann, 73 M.J. 11, 15-16
(C.A.A.F. 2013) or order a rehearing on the sentence.
Interlocutory Orders
No. 16-0458/AR. U.S. v. Aaron C. Sales. CCA 20150623. On
consideration of Appellant's third motion to extend time to file the supplement
to the petition for grant of review, it is ordered that said motion is
hereby granted, but only up to and including June 16, 2016, 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
Wednesday,
June 8, 2016
Petitions for Grant of Review Denied
No. 16-0491/AR. U.S. v. Seivirak
Inson. CCA 20130557.
No. 16-0511/AR. U.S. v. Aaron R. Kalior. CCA 20150583.
No. 16-0515/AF. U.S. v. Alexander M.
Williams. CCA S32309.
No. 16-0517/AR. U.S. v. Josue
Santiago-Serrano.
CCA
20140166.
No. 16-0518/AF. U.S. v. Andrew J. Halatyn. CCA S32320.
Petitions for Grant of Review -
Summary Dispositions
No. 16-0436/AR. U.S.
v. Brian N. Schwisow. CCA 20150720. Appellee's
motion for leave to file an answer in excess of the limits of Rule 21, and
Appellant's motion to withdraw the petition for grant of review without
prejudice, it is ordered that said motion to withdraw the petition for grant of
review without prejudice is hereby granted, and said motion for leave to file
an answer in excess of the limits of Rule 21 is hereby denied as moot.
No. 16-0549/AF. Patrick Carter, Petitioner v. United States Air Force
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
the United States Air Force Court of Criminal Appeals either decide the case
within 45 days of the date of this order or provide the Court with an
explanation of the need for further consideration.
Miscellaneous Docket - Summary
Dispositions
No.
16-0581/AR. Ronald Gray, Appellant v. Erica Nelson, Colonel, U.S. Army,
Commandant, U.S. Disciplinary Barracks, Fort Leavenworth, Kansas, and United
States, Appellees. CCA 20160086. Notice is
hereby given that a pleading styled as "Mandatory Review Case," which
this Court construes as a writ-appeal petition of the decision of the United
States Army Court of Criminal Appeals on a petition for extraordinary relief in
the nature of a writ of error coram nobis, was filed on May 23, 2016, and placed on the docket
this date. On consideration thereof, it is ordered that said writ-appeal
petition is hereby denied without prejudice to re-filing after the United
States District Court for the District of Kansas rules on the pending petition
for writ of habeas corpus.
Interlocutory Orders
No. 16-0229/AF. U.S. v. Ellwood T. Bowen.
CCA 38616.
Appellant's motion to extend time to file a brief granted to June 15, 2016.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 7, 2016
Petitions for Grant of Review Filed
No. 16-0578/CG. U.S. v. Jerry L. Hardy.
CCA 1408.
No. 16-0579/AF. U.S. v. William P. Smith,
Jr. CCA 38728.
No. 16-0580/AR. U.S. v. Tyler H. Wise. CCA 20150252.
Interlocutory Orders
No. 16-0398/MC. EV v. U.S. and
David A. Martinez.
CCA
201600057. On consideration of the motion filed by Protect Our Defenders
to file a supplemental brief as amicus
curiae and Petitioner's motion in support of the motion filed by Protect
Our Defenders, it is ordered that the motion filed by Protect Our Defenders to
file a supplemental brief as amicus
curiae is hereby granted, and Petitioner's motion in support of the motion
filed by Protect Our Defenders is hereby denied as moot.
No. 16-0497/MC. U.S. v. Reece N. Tso. CCA 201400379. On
consideration of Appellant's third motion to extend time to file the supplement
to the petition for grant of review, it is ordered that said motion is hereby
granted to June 20, 2016, 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
Monday,
June 6, 2016
Petitions for Grant of Review Denied
No. 16-0506/AR. U.S. v. Richard W. Talbot, Jr. CCA 20150573.
No. 16-0507/AR. U.S. v. Carl V. Anderson. CCA 20150697.
No. 16-0508/AR. U.S. v. Joshua L. Jennings. CCA 20150314.
No. 16-0510/AR. U.S. v. Yvonne S. Mayberry. CCA 20140926.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 3, 2016
Petitions for Grant of Review Filed
No. 16-0577/AR. U.S. v. Michael W. Rhoades, Jr. CCA 20150222.
Petitions for Grant of Review Denied
No. 16-0456/NA. U.S. v. James C. Guin. CCA 201500062.
No. 16-0502/AF. U.S. v. William R. Jones.
CCA 38028.
No. 16-0503/AF. U.S. v. James E. Frady, Jr. CCA S32264.
Interlocutory Orders
No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244. On consideration of Appellant's second motion to
extend time to file a brief, it is ordered that said motion is hereby
granted, up to and including June 17, 2016, and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 16-0336/CG. U.S. v. Omar M. Gomez.
CCA 1394.
Appellee's motion to file a supplemental joint
appendix is granted.
Mandates Issued
No. 16-0068/NA. U.S. v. Dustin M. Clark.
CCA
201400232.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 2, 2016
Petitions for Grant of Review Denied
No. 16-0350/AR. U.S. v. Timothy C. Bailey. CCA 20130262.
No. 16-0427/AR. U.S. v. Andrew W. Olsen. CCA 20130962.
Mandates Issued
No. 16-0006/CG. U.S. v. Matthew A. Rogers.
CCA 1391.
No. 16-0091/AR. U.S. v. Djoulou
K. Caldwell.
CCA
20140425.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 1, 2016
Petitions for Grant of Review Filed
No. 16-0574/AR. U.S. v. Martin P. Garcia III. CCA 20140718.
No. 16-0575/AR. U.S. v. Curtis T. Davis. CCA 20150402.
No. 16-0576/AR. U.S. v. Lamar J. Parker, Jr. CCA 20150460.
Petitions for Grant of Review -
Summary Dispositions
No. 16-0411/AR. U.S.
v. Edward J. Mitchell II. CCA 20150776. On consideration
of Appellee's motion for leave to file an answer in
excess of the limits of Rule 21 and Appellant's motion to withdraw the petition
for grant of review without prejudice, it is ordered that said motion to
withdraw petition for grant of review without prejudice is hereby granted, and
said motion to file an answer in excess of the limits of Rule 21 is hereby
denied as moot.
Interlocutory Orders
No. 16-0407/AR. U.S. v. Justin P. Swift. CCA 20100196. Appellant's
motion to extend time to file a brief granted to June 23, 2016.
No. 16-0427/AR. U.S. v. Andrew W. Olsen. CCA 20130962. Appellant's
motion to consider matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A.
1982), granted.
No. 16-0543/AF. Justin L. Fetrow,
Petitioner v. Anthony J. Cotton, Major General, U.S. Air Force, Commander, 20th
Air Force, and Erica Nelson, Colonel, U.S. Army, Commandant, United States
Disciplinary Barracks, Respondents. On consideration of the petition for
extraordinary relief in the nature of a writ of habeas corpus, it is ordered
that Respondents show cause on or before June 13, 2016, why the requested
relief should not be granted.
No. 16-0562/MC. U.S. v. Jeramy
L. Whitley.
CCA
201500060. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to June 15, 2016.
No. 16-0563/AR. U.S. v. Jesus M. Rodriguez. CCA 20150043. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 15, 2016.
No. 16-0565/MC. U.S. v. Dalton C. Nickens. CCA 201500142. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to June 15, 2016.
No. 16-0571/AR. U.S. v. Everald
S. Allen.
CCA
20130521. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to June 20, 2016.
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