UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 30, 2017
Petitions for Grant of Review Filed
No. 17-0489/AR. U.S. v. Alan T. Wheeler. CCA 20160387.
No. 17-0490/AF. U.S. v. Jacob A. Chambers.
CCA 38975.
No. 17-0491/AR. U.S. v. Nicholas S. Marcum. CCA 20150500.
Mandates Issued
No. 16-0546/AF. U.S. v. Rodney B. Boyce.
CCA 38673.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 28, 2017
Petitions for Grant
of Review Denied
No.
17-0291/NA.
U.S. v. Darin G. Lopez. CCA
201400373.
No.
17-0387/AR. U.S. v. Timothy A. Petroshus. CCA 20160034.
No.
17-0414/AR. U.S. v. Steven T. Thompson. CCA 20150372.
No.
17-0426/AR. U.S. v. Ruben D. Fuentes, Jr. CCA
20160780.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 27, 2017
Petitions for Grant of Review Filed
No. 17-0484/AR. U.S. v. Anthony C. Brown, Jr. CCA 20160232.
No. 17-0485/AR. U.S. v. Patrick A. Battles. CCA 20140399.
No. 17-0486/AR. U.S. v. Isaac L. Boykin. CCA 20160136.
No. 17-0487/AR. U.S. v. Brian J. Jackson. CCA 20160208.
No. 17-0488/AR. U.S. v. Darrin V. Morris. CCA 20160379.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0370/AR. U.S.
v. Adam G. Koenig. CCA 20150225. 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.
Interlocutory Orders
No. 17-0291/NA. U.S. v. Darin G. Lopez.
CCA
201400373. Appellant's motion to supplement the record is denied.
No. 17-0387/AR. U.S. v. Timothy A. Petroshus. CCA 20160034. Appellee's motion to file a 10-day response out of time is
denied.
No. 17-0481/MC. U.S. v. Cameron Miller. CCA 201600392. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 17, 2017.
No. 17-0482/AF. U.S. v. Kenneth W. Frank,
Jr. CCA 38854. Appellant's motion to extend
time to file the supplement to the petition for grant of review granted to July
17, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 26, 2017
Petitions for Grant of Review Filed
No. 17-0479/AR. U.S. v. Jhon R.
Heath.
CCA
20150690.
No. 17-0480/NA. U.S. v. Raiden J. Andrews. CCA 201600208.
No. 17-0481/MC. U.S. v. Cameron Miller. CCA 201600392.
No. 17-0482/AF. U.S. v. Kenneth W. Frank,
Jr. CCA 38854.
No. 17-0483/AR. U.S. v. Patrick L. Clark. CCA 20160121.
Petitions for Grant of Review Denied
No. 17-0420/AR. U.S. v. Richard F. Fouts
IV.
CCA
20160260.
No. 17-0424/AR. U.S. v. Cornelius D. Bailey. CCA 20160498.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0353/AR. U.S.
v. Jeremy C. Bardin. CCA 20150378. 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 Court of Criminal Appeals is affirmed.
Interlocutory Orders
No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. On
consideration of Appellant's consolidated motion to compel funding for learned
counsel, a mitigation specialist, and a fact investigator, for appointment of
appellate team members, and for a stay of proceedings, we note that Dep't of
the Army, Reg. 27-10, Legal Services, Military Justice para.
28-6(c) (May 11, 2016) provides under its "suggested capital litigation
teams" that "[t]he defense team should consist of members whose
duties are substantially dedicated to the capital case and shall include at least
two experienced, qualified defense counsel, … and one paralegal (GS-9 or
E-6)…." By the lead appellate defense counsel's own admission, he is
neither experienced nor qualified as defined by the applicable regulation, and
has significant other demands on his time. Accordingly, it is ordered that
within 30 days from the date of this order, Appellee
will show cause why it has not provided Appellant with defense assistance that
comports with the qualifications suggested by paragraph 28-6(c) of AR Reg. 27-10.
The Court will consider Appellee's response and the
pending consolidated motion and will issue an order that addresses that motion
and establishes a briefing schedule.
No. 17-0474/AR. U.S. v. Carl H. Weicht,
Jr. CCA 20160376. Appellant's motion
to extend time to file the supplement to the petition for grant of review
granted to July 12, 2017.
No. 17-0477/AR. U.S. v. Robert J. Carr. CCA 20150529. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 11, 2017.
No. 17-0478/AR. U.S. v. Mark A. Greschel. CCA 20150575. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to July 13, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 23, 2017
Petitions for Grant of Review Filed
No. 17-0476/AF. U.S. v. David C. Carpenter
II. CCA 38995.
No. 17-0477/AR. U.S. v. Robert J. Carr. CCA 20150529.
No. 17-0478/AR. U.S. v. Mark A. Greschel. CCA 20150575.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 22, 2017
Petitions for Grant of Review Filed
No. 17-0473/AR. U.S. v. Joseph K. Felton. CCA 20150510.
No. 17-0474/AR. U.S. v. Carl H. Weicht,
Jr. CCA 20160376.
No. 17-0475/AR. U.S. v. Brandon K. Murray. CCA 20160622.
Petitions for Grant of Review Denied
No. 17-0371/AR. U.S. v. David I. Martinez. CCA 20160084.
Petitions for Reconsideration Denied
No. 16-0546/AF. U.S. v. Rodney B. Boyce.
CCA 38673.
On consideration of Appellee's petition for
reconsideration of this Court's decision, 76 M.J. 242
(C.A.A.F. 2017), and the motion filed by Protect Our
Defenders to file an amicus curie brief out of time in support of Appellee's petition for reconsideration, it is ordered that
said motion filed by Protect Our Defenders to file an amicus curiae brief out of time is hereby denied, and said petition
for reconsideration is hereby denied.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0373/AR. U.S.
v. David M. Ozoskey. CCA 20160085. 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.
Orders Granting Petition for Review
No. 17-0323/AR. U.S.
v. Antonio T. Moore. CCA 20140875. 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 ARMY COURT OF CRIMINAL APPEALS ERRONEOUSLY FOUND THERE WAS NO REASONABLE
POSSIBILITY THE IMPROPER PROPENSITY INSTRUCTION INVALIDATED BY THIS COURT IN UNITED
STATES v. HILLS, 75 M.J. 360 (C.A.A.F.
2016), COULD HAVE AFFECTED THE PANEL'S GUILTY FINDING FOR SPECIFICATION 1 OF
ADDITIONAL CHARGE I.
No
briefs will be filed under Rule 25.
Interlocutory Orders
No. 17-0347/AF. U.S. v. Robert L. Honea
III. CCA 38905. Appellant's motion to extend time to file a brief is
granted to July 11, 2017.
No. 17-0353/AR. U.S. v. Jeremy C. Bardin. CCA 20150378. Appellee's motion to file a 10-day letter out of time is
denied.
Mandates Issued
No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939.
No. 17-0079 &17-0086 AF. U.S.
v. Patrick Carter. CCA 38708.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 21, 2017
Petitions for Grant of Review Filed
No. 17-0471/AR. U.S. v. Eric D. Simon. CCA
20160312.
No. 17-0472/AR. U.S. v. Terrance B. Wells. CCA
20160211.
Petitions for Grant of Review Denied
No. 17-0415/AR. U.S. v. Roberto Rabelo. CCA
20160406.
No. 17-0417/AR. U.S. v. D' Anthony J. Williams. CCA
20140604.
Court Closure
By order of the Chief Judge, the
United States Court of Appeals for the Armed Forces will be closed all day on
Monday, July 3, 2017. For purposes of
computation of time and motions to enlarge time under the Court's Rules of
Practice and Procedure, July 3, 2017, will be considered a day when the Court
is officially closed.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 20, 2017
Petitions for Grant of Review Filed
No. 17-0465/AR. U.S. v. Nigel S. Jones. CCA 20160421.
No. 17-0466/AF. U.S. v. Ryan A. Campbell.
CCA 38906.
No. 17-0467/AR. U.S. v. McKinley P. Armour. CCA 20160698.
No. 17-0468/AR. U.S. v. Bryan A. Kegler. CCA 20150773.
No. 17-0469/AR. U.S. v. Orval
W. Gould.
Jr. CCA 20120727.
No. 17-0470/AR. U.S. v. John F. Sellers. CCA 20150045.
Interlocutory Orders
No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. On
consideration of the motion filed by Frank J. Spinner, Esq., for leave to
withdraw as appellate defense counsel, supported by Appellant's memorandum of
June 12, 2017, releasing Mr. Spinner from further representation of Appellant
and proceeding with representation by Captain Cody Cheek, it is ordered that
said motion is hereby granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 19, 2017
Petitions for Grant of Review Denied
No. 17-0377/AR. U.S. v. Casey A. Phillips. CCA 20150373.
No. 17-0403/AR. U.S. v. Marc A. Salonga. CCA 20160413.
No. 17-0410/AR. U.S. v. Justyn
M. Mack.
CCA
20160078.
No. 17-0411/AR. U.S. v. Kelsey E.R.
Suff. CCA 20160524.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. On consideration of
Appellant's petition for reconsideration of this Court's order of April 27,
2017, summarily affirming the decision of the United States Navy-Marine Corps
Court of Criminal Appeals, Appellant's motions to appoint a special master, to supplement
the record, and for oral argument, and Appellee's
motion to remand for new post-trial processing, we note that Appellant has
presented an affidavit from the convening authority averring that he felt
pressure from senior civilian and military leaders to approve the findings in
this case. In order to resolve this allegation of unlawful command influence,
we conclude that further factfinding must be
conducted pursuant to United States v. DuBay,
17 C.M.A. 147, 37 C.M.R.
411 (1967). Accordingly, it is ordered that the petition for reconsideration is
granted, this Court's order of April 27, 2017, is vacated, and the petition for
grant of review is granted on the following issue:
WHETHER SENIOR CIVILIAN AND MILITARY LEADERS EXERTED UNLAWFUL COMMAND INFLUENCE
ON THE CONVENING AUTHORITY.
In addition, the motion to appoint a special master is denied, the motions to
supplement the record are granted, the motion for oral argument is denied, and
the motion to remand for new post-trial processing is denied. The record of
trial is returned to the Judge Advocate General of the Navy for remand to a
convening authority other than the one who convened the court-martial concerned
and one who is at a higher echelon of command. This convening authority shall
order a factfinding hearing pursuant to DuBay. The presiding officer at this hearing shall
be a military judge from an armed force other than the United States Navy or
United States Marine Corps. See Rule for Court-Martial 503(b)(3).
This
military judge shall inquire fully and make findings of fact and conclusions of
law related to the alleged unlawful command influence matter underlying the
granted issue. At the conclusion of the DuBay
hearing, the military judge will return the record directly to this Court for
further review of the granted issue under Article 67, Uniform Code of Military
Justice, 10 U.S.C. § 867 (2012). The hearing shall be
completed and the record returned to this Court no later than November 1,
2017.*
*
It is noted that the military judge neglected to seal the transcript of the
Military Rule of Evidence (MRE) 513 hearing and some
of the associated pleadings, contrary to the requirements of MRE 513(e)(5). Accordingly, the Clerk is directed to seal
the MRE 513 matters (pages 26-47 and 57-61 and AE V
and VIII of the record of trial).
Interlocutory Orders
No. 17-0464/CG. U.S. v. Michael W. Kirby.
CCA 1433.
Appellant's motion to extend time to file the supplement to the petition for
grant of review to July 6, 2017.
Mandates Issued
No. 16-0731/AR. U.S. v. Austin L. Hendrix. CCA 20140476.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 16, 2017
Petitions for Grant of Review Filed
No. 17-0461/AR. U.S. v. Jonathan R. Aguiar. CCA 20160302.
No. 17-0462/AR. U.S. v. Lawson L. Ho-Shing. CCA 20150167.
No. 17-0463/AR. U.S. v. Durell
J. Stewart.
CCA
20160128.
No. 17-0464/CG. U.S. v. Michael W. Kirby.
CCA 1433.
Interlocutory Orders
No. 17-0460/AF. U.S. v. Mark A. Anderson.
CCA 38959.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to July 5, 2017.
Mandates Issued
No. 16-0530/AF. U.S. v. Patrick A. Shea.
CCA
S32225.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 15, 2017
Petitions for Grant of Review Filed
No. 17-0460/AF. U.S. v. Mark A. Anderson.
CCA 38959.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0428/AR. U.S.
v. Raymond P. Pasay. CCA 20140930. On consideration of Appellant's motion to dismiss the
petition for grant of review pending reconsideration at the United States Army
Court of Criminal Appeals, and subsequent motion to dismiss the petition for
grant of review, or in the alternative, to file the supplement out of time, it
is ordered that Appellant's motion to dismiss the petition for grant of review
dated May 30, 2017, is hereby granted without prejudice, and Appellant's
motion to dismiss the petition for grant of review, or in the alternative, to
file the supplement out of time dated June 13, 2017, is hereby denied as moot.
Petitions for Reconsideration Denied
No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939. On consideration of Appellee's
petition for reconsideration of this Court's decision, United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017), it is ordered that said petition for
reconsideration be, and the same is, hereby denied.
Interlocutory Orders
No. 17-0458/AF. U.S. v. Chad A. Blatney. CCA 2016-16. Appellant's motion to extend time to file
supplement to the petition for grant of review granted to July 5, 2017.
Mandates Issued
No. 16-0484/AF. U.S. v. Christopher L.
Oliver. CCA 38481.
No. 17-0160/AR. U.S. v. Steven M. Tucker. CCA 20150634.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday, June 14,
2017
Petitions for Grant
of Review Filed
No.
17-0457/AF. U.S. v. Derrick M. Hacker. CCA
38972.
No.
17-0458/AF. U.S. v. Chad A. Blatney. CCA
2016-16.
No. 17-0459/AR. U.S.
v. Joshua R. Mclemore. CCA
20160725.
Interlocutory
Orders
No. 17-0049/MC. U.S.
v. Tanner J. Forrester. CCA
201500295. On consideration of the motion filed by Major Benjamin A.
Robles to withdraw as appellate defense attorney, 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.
No.
17-0429/AF. U.S. v. Clarence Anderson III. CCA 39023. On consideration
of Appellant's motion for leave to file the supplement to the petition for grant
of review that complies with Rule 24(c) but does not comply with Rule 21(b), and
motion to file the supplement under seal, it is ordered that said motions are
hereby granted.
No.
17-0434/AF. U.S. v. Edzel D. Mangahas. CCA 2016-10. Appellant's
second motion to extend time to file the supplement to the petition for grant of
review granted to July 7, 2017.
No.
17-0443/AF. U.S. v. Brandon M. Hardee. CCA S32360. Appellant's
motion to extend time to file the supplement to the petition for grant of review
granted to July 3, 2017.
No.
17-0444/AF. U.S. v. James R. Stortz. CCA
S32377. Appellant's motion to extend time to file the supplement to the
petition for grant of review granted to July 3, 2017.
No.
17-0457/AF. U.S. v. Derrick M. Hacker. CCA 38972. Appellant's motion
to extend time to file a supplement to the petition for grant of review granted
to July 5, 2017.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday, June 13,
2017
Petitions for Grant
of Review Filed
No. 17-0446/AR. U.S.
v. Jacob P. Henderson. CCA
20140081.
No. 17-0447/AR. U.S.
v. Anthony L. Moore. CCA
20160597.
No. 17-0448/AR. U.S.
v. Eric M. Miles. CCA
20150415.
No. 17-0449/AR. U.S.
v. Nicholas A. Osborne. CCA
20160285.
No. 17-0450/AR. U.S.
v. Charles R. Spence, Jr. CCA
20170036.
No. 17-0451/AR. U.S.
v. Isaiah E. Saunders. CCA
20160346.
No. 17-0452/AR. U.S.
v. Fredrick J. Smith. CCA
20160316.
No. 17-0453/AR. U.S.
v. Christopher D. Bush. CCA
20150610.
No. 17-0454/AR. U.S.
v. Perry J. Byrd. CCA
20160565.
No.
17-0455/AF. U.S. v. Steven S. Contreras. CCA
39007.
No.
17-0456/AF. U.S. v. Alexander S. Wheeler. CCA
38908.
Petitions for Grant
of Review Denied
No. 17-0398/AR. U.S.
v. Nicholas R. Carlin. CCA
20160095.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday, June 12,
2017
Petitions for Grant
of Review Filed
No.
17-0443/AF. U.S. v. Brandon M. Hardee. CCA
S32360.
No.
17-0444/AF. U.S. v. James R. Stortz. CCA
S32377.
No.
17-0445/AF. U.S. v. Michael T. Maher. CCA
38955.
Petitions for Grant
of Review Denied
No. 17-0330/AR. U.S.
v. Corey J. Robinson. CCA
20150088.
No.
17-0396/AF. U.S. v. Jerry G. Tolbert, Jr. CCA
S32373.
Petitions for Grant
of Review - Summary Dispositions
No. 17-0241/AR. U.S.
v. Shawn E. Earle. CCA 20150184.
No. 17-0244/AR. U.S.
v. Joseph Kargbo. CCA 20150011.
No. 17-0363/AR. U.S.
v. David Garman. CCA 20150164.
In the above
referenced cases, 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.
Orders Granting
Petition for Review
No. 17-0285/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 ARMY
COURT OF CRIMINAL APPEALS ERRONEOUSLY FOUND THAT THE PROPENSITY INSTRUCTION
GIVEN IN THIS CASE FALLS WITHIN AN EXCEPTION TO THE HOLDING IN UNITED STATES
v. HILLS, 75 M.J. 350 (C.A.A.F. 2016).
Briefs will be filed
under Rule 25.
No.
17-0364/AF. U.S. v. Tyler G. Eppes. CCA 38881. 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 issues:
I. WHETHER THE SEARCH OF APPELLANT'S
PERSONAL BAGS EXCEEDED THE SCOPE OF THE SEARCH AUTHORIZATION WHERE THE AGENT
REQUESTED AUTHORITY TO SEARCH APPELLANT'S PERSON, PERSONAL BAGS, AND AUTOMOBILE,
BUT THE MILITARY MAGISTRATE AUTHORIZED ONLY THE SEARCH OF APPELLANT'S PERSON AND
AUTOMOBILE AND DID NOT AUTHORIZE THE SEARCH OF APPELLANT'S PERSONAL
BAGS.
II.
WHETHER APPELLANT'S RIGHT TO
FREEDOM FROM UNREASONABLE SEARCH AND SEIZURE UNDER THE FOURTH AMENDMENT WAS
VIOLATED WHEN THERE WAS NO PROBABLE CAUSE FOR THE 7 DECEMBER 2012
WARRANT.
Briefs will be filed
under Rule 25.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday, June 9,
2017
Petitions for Grant
of Review Filed
No. 17-0442/AR. U.S.
v. Gregory L. McQueen, Jr. CCA
20150166.
Petitions for Grant
of Review Denied
No.
17-0357/AF. U.S. v. Daniel V. Roblero. CCA
38874.
Petitions for Grant
of Review - Summary Dispositions
No. 17-0374/AR. U.S.
v. Anthony C. Toney. CCA 20150565. 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.
Interlocutory
Orders
No. 17-0241/AR. U.S.
v. Shawn E. Earle. CCA
20150184. On consideration of Appellant's motion to file a supplement to
the petition for grant of review out of time, and motion to file out of time and
motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motions are hereby
denied.
No. 17-0285/AR. U.S.
v. Gene N. Williams. CCA
20130582. Appellee's motion to file a 10-day
letter out of time is denied.
No.
17-0290/AF. U.S. v. Andrew I. Lutcza. CCA
2016-13. On consideration of the petition for grant of review of the
decision of the United States Air Force Court of Criminal Appeals on appeal by
the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, and Appellee's
motion to supplement the record, it is ordered said motion is hereby granted,
and said petition is hereby denied.
No. 17-0400/AR. U.S.
v. Joshua W. James. CCA
20160631. Appellant's motion to consider matters pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is
granted.
No. 17-0402/AR. U.S.
v. Dakota A. Bragan. CCA
20160124. Appellant's motion to consider matters pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is
granted.
No. 17-0438/AR. U.S.
v. Thomas C. Flesher. CCA
20110449. Appellant's motion to extend time to file the supplement to the
petition for grant of review granted to June 26, 2017.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday, June 8,
2017
Petitions for Grant
of Review Filed
No.
17-0441/AF. U.S. v. Michael R. Henry. CCA
38886.
Petitions for Grant
of Review - Summary Dispositions
No. 17-0252/AR. U.S.
v. Nicholas A. Solt. CCA 20130029.
No. 17-0375/AR. U.S.
v. David C. Robinson. CCA 20150120.
No. 17-0380/AR. U.S.
v. Bianca L. Koth. CCA 20150179.
In the above
referenced cases, 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.
Petitions for
Reconsideration Denied
No. 17-0109/AR. U.S.
v. Charles Bonilla. CCA
20131084. Appellant's petition for reconsideration of this Court's order
issued May 3, 2017 is denied.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday, June 7,
2017
Petitions for Grant
of Review Denied
No. 17-0289/AR. U.S.
v. Francis A. Carista, Jr. CCA 20150243.
No.
17-0317/AF. U.S. v. Jaren T. Bishop. CCA
38879.
No. 17-0324/AR. U.S.
v. Antonio T. Moore. CCA 20150007.
No.
17-0368/NA. U.S. v. David B. Olson. CCA
201600025.
No. 17-0386/AR. U.S.
v. Robert J. Casados. CCA 20160116.
No.
17-0391/AF. U.S. v. Willie L. Curry, Jr. CCA 38636.
No. 17-0399/AR. U.S.
v. Isaiah L. Davis. CCA 20150587.
Petitions for Grant
of Review - Summary Dispositions
No. 17-0240/AR. U.S.
v. Stephen B. Perry. CCA 20140904.
No. 17-0280/AR. U.S.
v. Joshua A. Kundradurham. CCA 20160059.
No. 17-0320/AR. U.S.
v. Eric K. McFadden. CCA 20140815.
No. 17-0321/AR. U.S.
v. Carlton D. Sharpe. CCA 20150101.
In the above
reference cases, 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.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday, June 6,
2017
Petitions for Grant
of Review Filed
No.
17-0437/NA. U.S. v. Nathaniel Bracewell. CCA
201600060.
No. 17-0438/AR. U.S.
v. Thomas C. Flesher. CCA
20110449.
No.
17-0439/AF. U.S. v. Ryan M. Troester. CCA
S32385.
No.
17-0440/AF. U.S. v. Joshua D. Hnatiuk. CCA
38923.
Petitions for Grant
of Review Denied
No. 17-0299/AR. U.S.
v. Jacob B. Powell. CCA
20150775.
No.
17-0352/NA. U.S. v. Matthew R. Beltran. CCA
201500270.
No. 17-0384/AR. U.S.
v. Edward T. Johnson. CCA
20160575.
No. 17-0385/AR. U.S.
v. Jonas B. Bywater. CCA
20160707.
Petitions for Grant
of Review - Summary Dispositions
No. 17-0342/AR. U.S.
v. Thomas D. Rodgers. CCA 20150706. 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.
Appeals - Summary
Dispositions
No.
17-0407/AF. U.S. v. Thomas P.J. Drayton. CCA S32374. On consideration of
the petition for grant of review of the decision of the United States Air Force
Court of Criminal Appeals, we note that the Court of Criminal Appeals stated
that Appellant's approved sentence included a bad-conduct discharge, confinement
for 12 months, forfeiture of $850.00 pay per month for 12 months, and reduction
to E-1. It then affirmed that sentence. In fact, the sentence approved by the
convening authority reduced the confinement to 8 months. Accordingly, it is
ordered that said petition is hereby granted, and the decision of the United
States Air Force Court of Criminal Appeals is affirmed as to findings and to
only so much of the sentence as provides for confinement for 8 months,
forfeiture of $850.00 pay per month for 12 months, reduction to E-1, and a
bad-conduct discharge.
Interlocutory
Orders
No. 17-0263/AR. U.S.
v. Timothy B. Hennis. CCA
20100304. Appellant's second motion to extend time to file a brief is
granted to June 30, 2017.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday, June 5,
2017
Petitions for Grant
of Review Filed
No. 17-0435/AR. U.S.
v. Cory J. Brown. CCA 20170069.
No. 17-0436/AR. U.S.
v. Trystan L. Fleenor. CCA 20160764.
Petitions for Grant
of Review Denied
No. 17-0309/AR. U.S.
v. Michael A. Updegrove. CCA 20160166.
Interlocutory
Orders
No.
17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. Appellant's motion
to file a brief and volume 2 of the joint appendix under seal is
granted.
No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's motion to amend matters pursuant to
United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is
granted.
No.
17-0404/AF. U.S. v. Vashaun M. Blanks. CCA
38891. Appellant's second motion to extend time to file the supplement to
the petition for grant of review is granted to June 19,
2017.
No. 17-0408/AR. U.S.
v. Erik P. Jacobsen. CCA 20160786. Appellant's motion for a stay of trial
proceedings is granted and trial proceedings are hereby stayed pending further
order of the Court.
No.
17-0429/AF. U.S. v. Clarence Anderson III. CCA
39023. Appellant's motion to extend time to file the supplement to the
petition for grant of review is granted June 20, 2017.
No.
17-0434/AF. U.S. v. Edzel D. Mangahas. CCA
2016-10. Appellant's motion to extend time to file the supplement to the
petition for grant of review is granted to June 22, 2017.
Mandates
Issued
No. 17-0035/AR. U.S.
v. Jeffry A. Feliciano, Jr. CCA
20140766.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday, June 2,
2017
Petitions for Grant
of Review Filed
No.
17-0432/CG. U.S. v. Michael A. Heximer. CCA
1434.
No. 17-0433/AR. U.S.
v. Jeremiah D. Hill. CCA
20150310.
No.
17-0434/AF. U.S. v. Edzel D. Mangahas. CCA
2016-10.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday, June 1,
2017
Petitions for Grant
of Review Filed
No. 17-0431/AR. U.S.
v. David A. Velasquez II. CCA
20160570.
Petitions for Grant
of Review - Summary Dispositions
No. 17-0337/AR. U.S.
v. Dontae D. Stanford. CCA 20150745. 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.
No. 17-0338/AR. U.S.
v. Matthew S. Dejesus. CCA 20150666. 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.
No. 17-0355/AR. U.S.
v. Jose L. Cuellar. CCA 20150375. 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.
No. 17-0372/AR. U.S.
v. Lawrence E. Gore. CCA 20160275. 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.
Appeals - Summary
Dispositions
No. 17-0055/AR. U.S.
v. Mitchell L. Brantley. CCA 20150199. On further
consideration of the granted issue (76 M.J. 62 (C.A.A.F. 2017)), the briefs of the parties, and oral
argument, it is ordered that the decision of the United States Army Court of
Criminal Appeals is set aside. The record of trial is returned to the Judge
Advocate General of the Army for remand to the Court of Criminal Appeals for a
new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (2012), to evaluate the case in light of
United States v. Sager, 76 M.J. 158 (C.A.A.F. March 21, 2017).
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