UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 31, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0322/MC. U.S. v. Christopher Clugston. CCA 201500326.

No. 17-0323/AR. U.S. v. Antonio T. Moore. CCA 20140875.

No. 17-0324/AR. U.S. v. Antonio T. Moore. CCA 20150007.

No. 17-0325/AR. U.S. v. Jonathan R. Tremper. CCA 20150357.

 

Certificates for Review Filed

 

No. 17-0326/AF. U.S. v. Joshua Katso. CCA 38005. 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 WHEN IT HELD THAT UNITED STATES v. MILLER, 47 M.J. 352 (C.A.A.F. 1997) REQUIRED THE GOVERNMENT TO HOLD A CONTINUED CONFINEMENT HEARING WITHIN 7 DAYS OF THE JUDGE ADVOCATE GENERAL'S DECISION ON CERTIFICATION

 

II.   WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED WHEN IT FOUND THAT GOVERNMENT'S FAILURE TO HOLD A CONTINUED CONFINEMENT HEARING WITHIN 7 DAYS OF THE JUDGE ADVOCATE GENERAL'S DECISION ON CERTIFICATION AUTOMATICALLY RESULTED IN DAY-FOR-DAY SENTENCING CREDIT.

 

III.  WHETHER APPELLEE WAS PREJUDICED WHEN THE GOVERNMENT FAILED TO HOLD A CONTINUED CONFINEMENT HEARING WITHIN 7 DAYS OF CERTIFICATION.

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before May 1, 2017.

 

Interlocutory Orders

 

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to April 14, 2017.

 

No. 17-0316/AR. U.S. v. William L. Mitcham. CCA 20140969. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 18, 2017.

 

No. 17-0317/AF. U.S. v. Jaren T. Bishop. CCA 38879. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 18, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 30, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0321/AR. U.S. v. Carlton D. Sharpe. CCA 20150101.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 29, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0316/AR. U.S. v. William L. Mitcham. CCA 20140969.

No. 17-0317/AF. U.S. v. Jaren T. Bishop. CCA 38879.

No. 17-0318/AF. U.S. v. Devon Parr. CCA 38878.

No. 17-0319/AR. U.S. v. Eric A. Ramos-Cruz. CCA 20150292.

No. 17-0320/AR. U.S. v. Eric K. McFadden. CCA 20140815.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 28, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0313/AR. U.S. v. Richard A. Brooks. CCA 20160261.

No. 17-0314/AR. U.S. v. Michael J. Rosado DeJesus. CCA 20140087.

 

Petitions for Grant of Review Denied

 

No. 17-0246/AR. U.S. v. Trumel K. Cox. CCA 20160233.

No. 17-0251/AR. U.S. v. Aaron M. Nies. CCA 20140965.

 

Miscellaneous Docket - Filings

 

No. 17-0315/AF. Jeremy E. Hassett v. United States. CCA 201600118. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date.

 

Orders Granting Petition for Review

 

No. 17-0231/AR. U.S. v. Torrence A. Robinson. CCA 20140785. 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 issues raised by Appellant:

 

I.   WHETHER THE MILITARY JUDGE ERRED BY FAILING TO ADMIT CONSTITUTIONALLY REQUIRED EVIDENCE UNDER MILITARY RULE OF EVIDENCE 412(b)(1)(C).

 

II.  WHETHER THE MILITARY JUDGE COMMITTED PLAIN ERROR WHEN HE FAILED TO INSTRUCT THE PANEL ON THE MENS REA REQUIRED FOR THE SPECIFICATION OF CHARGE I, WHICH INVOLVED AN ARTICLE 92, UCMJ, VIOLATION OF ARMY REGULATION 600-20.

 

And the following issue specified by the Court:

 

III. WHETHER THE EVIDENCE WAS LEGALLY SUFFICIENT TO ESTABLISH THAT APPELLANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT SPC VM WAS TOO INTOXICATED TO CONSENT TO A SEXUAL ACT.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 20150010. Appellant's motion to extend time to file a brief is hereby granted to April 3, 2017.

 

No. 17-0257/AR. U.S. v. Daren L. Humphrey. CCA 20160518. On consideration of Appellant's motion to withdraw the petition for grant of review, it is ordered that said motion is hereby denied without prejudice to resubmitting a motion that complies with C.A.A.F. Rule 21(f)(1)-(3).

 

No. 17-0308/AR. U.S. v. Dwayne M. Williams. CCA 20140924. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 12, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 27, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0311/AR. U.S. v. Jonathan B. Polk. CCA 20160433.

No. 17-0312/AR. U.S. v. Thomas J. Watford. CCA 20150549.

 

Petitions for Grant of Review Denied

 

No. 17-0255/AF. U.S. v. Joseph R. Fears. CCA S32331.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 24, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0308/AR. U.S. v. Dwayne M. Williams. CCA 20140924.

No. 17-0309/AR. U.S. v. Michael A. Updegrove. CCA 20160166.

 

Petitions for Grant of Review Denied

 

No. 17-0195/AF. U.S. v. Elis M. Lasalle. CCA 38831. On consideration of Appellee's motion to dismiss the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals for lack of jurisdiction, it is noted that the Court of Criminal Appeals affirmed one of the findings of guilty, set aside the other finding of guilty and the sentence, and remanded the record with a rehearing authorized. Under Article 67(c), UCMJ, this Court has jurisdiction to consider the petition. However, given the possibility of a rehearing, the petition is not ripe for review at this time. Accordingly, it is ordered that the motion to dismiss the petition for lack of jurisdiction is hereby denied, and the petition for grant of review is denied without prejudice to Appellant's right to raise the matters asserted during the normal course of appellate review.

 

Miscellaneous Docket - Filings

 

No. 17-0310/AF. Joshua Katso, Petitioner v. Christopher F. Burne, Lieutenant General, United States Air Force, in his official capacity as Judge Advocate General of the United States, and Katherine E. Oler, Colonel, United States Air Force, in her official capacity as Chief of the United States Air Force Government Trial and Appellate Counsel Division. CCA 38005. Notice is hereby given that a petition for extraordinary relief in the nature of a petition for writ of prohibition was filed under Rule 27(a) on this date.

 

Interlocutory Orders

 

No. 16-0705/AR. U.S. v. Sean R. Erikson. CCA 20150130. On consideration of the motion filed by Protect Our Defenders to file an amicus curiae brief concerning the constitutionality of considering a victim's privacy under Mil.R.Evid. 412, it is ordered that said motion is hereby denied.

 

No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. Appellant's motion for thirty minutes of argument is denied.

 

No. 17-0233/AR. U.S. v. Nija D. Jones. CCA 20150189. Appellant's motion to supplement the record granted.

 

No. 17-0306/AF. U.S. v. Joseph A. Pugh. CCA 2016-11. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 12, 2017.

 

Petitions for Reconsideration Denied

 

No. 17-0072/AR. U.S. v. Ojay R. Woods, Jr. CCA 20150016. Appellant's petition for reconsideration of the order issued by the Court on January 23, 2017 is hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 23, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0301/AR. U.S. v. Mario C. Samaniego. CCA 20160135.

No. 17-0302/AR. U.S. v. Michael S. Knoop. CCA 20160353.

No. 17-0303/AR. U.S. v. Jeffrey I. Averett, Jr. CCA 20160669.

No. 17-0304/AR. U.S. v. Jeremy J. Edwards. CCA 20160432.

No. 17-0305/AR. U.S. v. Marcus A. Barksdale, Jr. CCA 20160587.

No. 17-0306/AF. U.S. v. Joseph A. Pugh. CCA 2016-11.

 

Miscellaneous Docket - Filings

 

No. 17-0307/AR. Robert B. Bergdahl, Appellant v. Jeffrey R. Nance, Colonel, J.A. Military Judge, and United States. CCA 20170114. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on a petition for a writ of mandamus was filed under Rule 27(b) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 22, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0300/AR. U.S. v. Joseph B. Campbell. CCA 20140305.

 

Petitions for Grant of Review Denied

 

No. 17-0250/MC. U.S. v. Thomas M. Carnahan. CCA 201600020.

 

Interlocutory Orders

 

No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. On consideration of the motion filed by Professor Stephen F. Smith to appear pro hac vice as counsel of record for amicus curiae Dominic Barceleau, and motion to submit oral argument by student on behalf of Appellee, it is ordered that said motions are hereby granted, and that amicus curiae will be allotted 10 minutes to present oral argument.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 21, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0296/AR. U.S. v. Colby D. Hunsaker. CCA 20160723.

No. 17-0297/AR. U.S. v. Aaron M. Yepezstash. CCA 20160552.

No. 17-0298/AR. U.S. v. Dwight D. Harris. CCA 20131045.

No. 17-0299/AR. U.S. v. Jacob B. Powell. CCA 20150775.

 

Petitions for Grant of Review Denied

 

No. 17-0182/NA. U.S. v. Richard P. Trotter. CCA 201500332.

 

Orders Granting Petition for Review

 

No. 17-0187/AR. U.S. v. Brian G. Short. CCA 20150320. 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 GOVERNMENT COUNSEL COMMITTED PROSECUTORIAL MISCONDUCT WHEN THEY MADE IMPROPER ARGUMENT AFTER REPEATEDLY ELICITING INADMISSIBLE TESTIMONY.

 

Briefs will be filed under Rule 25.

 

No. 17-0200/AR. U.S. v. Carlos A. Gonzalez-Gomez. CCA 20121100. 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 DILATORY POST-TRIAL PROCESSING VIOLATED APPELLANT'S DUE PROCESS RIGHTS AND WARRANTS RELIEF WHEN 782 DAYS ELAPSED BETWEEN DOCKETING AT THE ARMY COURT AND OPINION.

 

Briefs will be filed under Rule 25.

 

No. 17-0203/AR. U.S. v. David L. Jerkins. CCA 20140071. 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 HER DISCRETION BY ALLOWING A GENERAL OFFICER MEMORANDUM OF REPRIMAND INTO SENTENCING EVIDENCE WHERE THE REPRIMAND WAS ISSUED TWO WEEKS BEFORE THE COURT-MARTIAL AND CONTAINED HIGHLY PREJUDICIAL AND MISLEADING LANGUAGE.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 16-0599/AR. U.S. v. Jared D. Herrmann. CCA 20131064. On consideration of the motion filed by Professor Lauren E. Bartlett to appear pro hac vice as counsel of record for amicus curiae Christopher M. Calpin, and motion by amicus curiae Christopher M. Calpin to submit oral argument, it is ordered that said motions are hereby granted, and that amicus curiae will be allotted 10 minutes to present oral argument.

 

No. 17-0153/AR. United States, Appellant v. Edward J. Mitchell II, Appellee. CCA 20150776. On consideration of the motion filed by Professor Jimmy Gurulé to appear pro hac vice as counsel of record for amicus curiae Sean Patrick Flynn and Alyssa Hughes, motion to submit oral argument by Notre Dame law Students in support of Appellant, and motion to submit a corrected amicus curiae brief, it is ordered that said motions are hereby granted, and that amicus curiae will be allotted 10 minutes to present oral argument.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 20, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0150/AF. U.S. v. Anthony M. Flackus. CCA 38847.

No. 17-0181/NA. U.S. v. Shane D. Manuel. CCA 201600105.

No. 17-0191/NA. U.S. v. Alexey N. Gebert. CCA 201500381.

No. 17-0204/AR. U.S. v. Joshua A. Marks. CCA 20150428.

No. 17-0209/AR. U.S. v. Tyre L. Taylor. CCA 20160038.

No. 17-0223/MC. U.S. v. Andrew R. Harden. CCA 201600063.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0169/AF. U.S. v. Marcus A. Mancini. CCA 38783. On consideration of Appellee's motion to dismiss the petition for grant of review for lack of jurisdiction, it is ordered that said motion is hereby granted without prejudice to Appellant's right to file a petition during the course of normal appellate review.

 

No. 17-0196/AF. U.S. v. Paul D. Voorhees. CCA 38836. On consideration of Appellee's motion to dismiss the petition for grant of review for lack of jurisdiction, it is ordered that said motion is hereby granted without prejudice to Appellant's right to file a petition during the course of normal appellate review.

 

Interlocutory Orders

 

No. 17-0077/AR. U.S. v. Salvador Jimenez-Victoria. CCA 20140733. Appellant's motion to consider additional matters out of time is denied.

 

No. 17-0086/AF. United States, Appellant/Cross-Appellee v. Patrick Carter, Appellee/Cross-Appellant.  CCA 38708. Appellant/Cross-Appellee's motion to dismiss the petition for grant of review is denied.

 

No. 17-0148/AF. U.S. v. Stephan H. Claxton. CCA 38188. On further consideration of the Order Granting Review issued February 3, 2017, it is ordered that the portion of the Order Granting Review of Issue I is hereby vacated, and that Issue II will be briefed and heard at oral argument on May 9, 2017.

 

No. 17-0182/NA. U.S. v. Richard P. Trotter. CCA 201500332. Appellee's motion to file an answer to the supplement to the petition for grant of review out of time is denied.

 

No. 17-0290/AF. U.S. v. Andrew I. Lutcza. CCA 2016-13. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 6, 2017.

 

No. 17-0291/NA. U.S. v. Darin G. Lopez. CCA 201400373. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 6, 2017.

 

No. 17-0294/AR. U.S. v. James R. Reed. CCA 20150284. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 31, 2017.

 

No. 17-0295/AR. U.S. v. Harry J. Ciborowski. CCA 20150544. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 6, 2017.

 

Mandates Issued

 

No. 16-0611/AF. U.S. v. Richard K. Price, Jr. CCA S32330.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 17, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0290/AF. U.S. v. Andrew I. Lutcza. CCA 2016-13.

No. 17-0291/NA. U.S. v. Darin G. Lopez. CCA 201400373.

No. 17-0292/AR. U.S. v. Eric D. Shorts. CCA 20140721.

No. 17-0293/AR. U.S. v. Edgar Huertalopez. CCA 20150059.

No. 17-0294/AR. U.S. v. James R. Reed. CCA 20150284.

No. 17-0295/AR. U.S. v. Harry J. Ciborowski. CCA 20150544.

 

Petitions for Grant of Review Denied

 

No. 17-0163/MC. U.S. v. Joseph J. Faggiole. CCA 201600038.

No. 17-0218/AR. U.S. v. Ryan S. Suleski. CCA 20160050.

No. 17-0243/MC. U.S. v. Devin G. Angiolini. CCA 201600014.

 

Interlocutory Orders

 

No. 16-0475/AF. U.S. v. Nathan G. Wilson-Crow. CCA 38706. On consideration of the Hearing Notice issued February 21, 2017, setting the above-mentioned casefor oral argument, it is ordered that said Hearing Notice is hereby vacated.

 

No. 16-0586/MC. U.S. v. Nhubu C. Chikaka. CCA 201400251. In view of the recusal of Judge Margaret A. Ryan, notice is hereby given that the Chief Judge has called upon Senior Judge Walter T. Cox III to perform judicial duties in the above-referenced case, and that Senior Judge Cox has consented to perform judicial duties in said case under Article 142(e)(1)(A)(iii), Uniform Code of Military Justice, 10 U.S.C. § 942(e)(1)(A)(iii) (2012).

 

No. 16-0727/AF. U.S. v. James W. Richards IV. CCA 38346. Appellant's motion to correct errata in oral argument is granted.

 

No. 17-0037/AF. U.S. v. Cory D. Phillips. CCAS38771. On consideration of the Hearing Notice issued February 21, 2017, setting the above-mentioned case for oral argument, it is ordered that said Hearing Notice is hereby vacated.

 

No. 17-0207/AR. U.S. v. David Montoya. CCA 20150211. On consideration of Appellant's petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and the Appellee's general opposition letter, it is ordered that, with regard to the third issue raised pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), involving text messages, appellate defense counsel will file an additional supplement on said issue within 20 days of the date of this order. Appellee may answer within 20 days of the filing of the additional supplement.

 

No. 17-0227/MC. U.S. v. David Montalvo III. CCA 201400241. 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 March 31, 2017, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 17-0286/AF. U.S. v. Eldridge S. Jones, Jr. CCA 38859. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 3, 2017.

 

No. 17-0287/NA. U.S. v. Andrew A. Sholtes. CCA 201500230. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 5, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 16, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0287/NA. U.S. v. Andrew A. Sholtes. CCA 201500230.

No. 17-0288/AR. U.S. v. Stephon D. Threat. CCA 20160593.

No. 17-0289/AR. U.S. v. Francis A. Carista, Jr. CCA 20150243.

 

Interlocutory Orders

 

No. 16-0586/MC. U.S. v. Nhubu C. Chikaka. CCA 201400251. On consideration of Appellee's motion to strike Appellant's brief, motion to strike pages from the joint appendix, motion for exception to the rule, motion to correct errata, corrected motion to strike Appellant's brief, and corrected motion to strike pages from the joint appendix, it is ordered that Appellee's motions to correct errata and for exception to the rule, are hereby granted; Appellee's corrected motion to strike pages from the joint appendix and corrected motion to strike Appellant's brief are hereby denied; and Appellee's motions to strike pages from the joint appendix and to strike Appellant's brief are hereby denied as moot.

 

* Judge Ryan did not participate.

 

Hearings

 

No. 17-0028/CG. U.S. v. Shane E. Reese. CCA 1422.

No. 16-0731/AR. U.S. v. Austin L. Hendrix. CCA 20140476.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 15, 2017

 

Hearings

 

No. 16-0727/AF. U.S. v. James W. Richards IV. CCA 38346.

No. 17-0139/AR. U.S. v. Justin M. Gurczynski. CCA 20160402.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 14, 2017

 

Petitions for Grant of Review Filed

No. 17-0286/AF. U.S. v. Eldridge S. Jones, Jr. CCA 38859.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 13, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0282/AF. U.S. v. Michael R. Lightsey. CCA 38851.

No. 17-0283/NA. U.S. v. Jeffery J. Quichocho. CCA 201500297.

No. 17-0284/MC. U.S. v. Victor A. Hurtado. CCA 201500051.

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582.

 

Interlocutory Orders

 

No. 17-0281/AR. U.S. v. Kaitlin Shave. CCA 20160048. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 30, 2017.

 

No. 17-0283/NA. U.S. v. Jeffery J. Quichocho. CCA 201500297. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 4, 2017.

 

No. 17-0284/MC. U.S. v. Victor A. Hurtado. CCA 201500051. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 4, 2017.

 

No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 4, 2017.

 

Mandates Issued

 

No. 16-0424/MC. U.S. v. Mark J. Rosario. CCA 201500251.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 10, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0279/AF. U.S. v. Craig A. Bonnett II. CCA S32345

No. 17-0280/AR. U.S. v. Joshua A. Kundradurham. CCA 20160059.

No. 17-0281/AR. U.S. v. Kaitlin Shave. CCA 20160048.

 

Mandates Issued

 

No. 16-0301/AR. U.S. v. Luis G. Nieto. CCA 20150386.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 9, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0214/AR. U.S. v. Christopher L. Aaron. CCA 20160081.

No. 17-0221/AF. U.S. v. Gerald L. West. CCA 38993.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 8, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0201/AR. U.S. v. Donald L. Brown II. CCA 20160241.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0226/AF. U.S. v. Dorian K. Owens. CCA 38834. 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 THE COURT OF CRIMINAL APPEALS VIOLATED APPELLANT'S FIFTH AMENDMENT RIGHT AGAINST DOUBLE JEOPARDY WHEN IT AFFIRMED A CONVICTION FOR THE LESSER-INCLUDED OFFENSE OF SEXUAL ASSAULT BY BODILY HARM, WHEN APPELLANT WAS CHARGED WITH THAT SAME OFFENSE AT TRIAL AND ACQUITTED BY A PANEL OF OFFICERS.

 

The decision of the United States Air Force Court of Criminal Appeals is reversed as to Specification 4 of Charge II. The finding of guilty as to that specification is set aside, and the specification is dismissed. The remaining findings are affirmed. The record is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals. That court may reassess the sentence based on the affirmed findings.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 7, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0274/AR. U.S. v. Victor D. Wilson. CCA 20140220.

No. 17-0275/AR. U.S. v. Gavin C. Hirsch. CCA 20160416.

No. 17-0276/AR. U.S. v. Dennis Bailon. CCA 20160240.

No. 17-0277/AR. U.S. v. Joseph R. Thurman. CCA 20160482.

 

Petitions for Grant of Review Denied

 

No. 17-0212/AR. U.S. v. Craig M. Collins, Jr. CCA 20150271.

 

Miscellaneous Docket – Petitions Filed

 

No. 17-0278/AR. Ronald E.V. Layton, Appellant, v. United States, Appellee. CCA 20160756. Notice is hereby given that a writ-appeal petition of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief in the nature of a writ of habeas corpus was filed under Rule 27(b).

 

Interlocutory Orders

 

No. 17-0272/AF. U.S. v. Sean J. Chero. CCA 38470. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 27, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 6, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0269/AR. U.S. v. Michael J. Slater. CCA 20150494.

No. 17-0270/AR. U.S. v. Loren R. Berg. CCA 20150548.

No. 17-0271/AR. U.S. v. Brandon C. Patterson. CCA 20150325.

No. 17-0272/AF. U.S. v. Sean J. Chero. CCA 38470.

No. 17-0273/AF. U.S. v. Matthew C. Hudson. CCA 38846.

 

Miscellaneous Docket - Summary Dispositions

 

No. 17-0232/AF. Devin J. Vanhise, Petitioner v. The United States Air Force Court of Criminal Appeals, Respondent. CCA 38882. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, and Respondent's motion to attach the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said motion is hereby granted, and that said petition is hereby denied.

 

Interlocutory Orders

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. It is ordered that the briefs of the Appellant and Appellee, and the reply of the Appellant, if any, in the above-captioned case may be filed electronically, but should counsel file said pleadings in a paper format, such pleadings shall conform in all respects to the requirements of Rule 37(a), Rules of Practice and Procedure, with the additional requirement that they be printed on 3-hole pre-punched paper. Additionally, the joint appendix shall be printed on 3-hole pre-punched paper and otherwise comply in all respects with Rule 24(f)(2). The briefs and the reply, if any, shall be divided into the following parts:

 

Part A shall set forth systemic issues and case-specific issues raised before the Court of Criminal Appeals but not previously decided by this Court.

 

Part B shall set forth all issues not raised before the court below.

 

Part C shall set forth systemic issues previously decided by this Court but raised to avoid waiver; these issues may be listed without argument as an exception to Rule 24(a), but must cite pertinent authority to support the position taken.

 

All exhibits cited in the pleadings filed before this Court shall be included in the joint appendix.

 

No. 17-0265/CG. U.S. v. Colby C. Bailey. CCA 1428. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 23, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 3, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0264/AR. U.S. v. Cory R. Hickerson. CCA 20150797.

No. 17-0265/CG. U.S. v. Colby C. Bailey. CCA 1428.

No. 17-0266/AR. U.S. v. Jesse E. Bullock, Jr. CCA 20160347.

No. 17-0267/AR. U.S. v. LaDonte A. Smith. CCA 20160480.

No. 17-0268/AF. U.S. v. Brian L. Walters. CCA 2016-12.

 

Petitions for Grant of Review Denied

 

No. 17-0184/MC. U.S. v. Ronald Montano. CCA 201400230.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0167/AR. U.S. v. Noel G. Aguiar-Perez. CCA 20140715. 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 ERRED BY AFFIRMING APPELLANT'S CONVICTION OF SPECIFICATION 1 OF CHARGE IV WHERE THE FINDINGS OF THE COURT-MARTIAL FAILED TO REFLECT WHICH OF SEVERAL ALLEGED OFFENSES CONSTITUTED THE OFFENSE.

 

The decision of the United States Army Court of Criminal Appeals is reversed as to Specification 1 of Charge IV. The finding of guilty as to that specification is set aside, and the specification is dismissed. 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 reassess the sentence based on the affirmed findings.

 

Orders Granting Petition for Review

 

No. 17-0183/AR. U.S. v. Alan S. Guardado. CCA 20140014. 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 issues:

 

I.   WHETHER THE ARMY COURT INCORRECTLY FOUND THAT THE MILITARY JUDGE'S PANEL INSTRUCTIONS WERE HARMLESS ERROR IN LIGHT OF UNITED STATES v. HILLS.

 

II.  WHETHER THE ARMY COURT INCORRECTLY RULED THAT AN OFFENSE DEFINED BY THE PRESIDENT CANNOT PREEMPT A GENERAL ARTICLE 134, UCMJ, OFFENSE, AND THAT PREEMPTION IS NOT JURISDICTIONAL IN SUCH CIRCUMSTANCES.

 

Briefs will be filed under Rule 25 on Issue I only.

 

Interlocutory Orders

 

No. 17-0139/AR. U.S. v. Justin M. Gurczynski. CCA 20160402. Appellee's motion to amend the reply brief is granted.

 

No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. On consideration of the motion filed by Electronic Frontier Foundation, American Civil Liberties Union, and ACLU of the District of Columbia to present oral argument, it is ordered that said motion is hereby denied.

 

No. 17-0227/MC. U.S. v. David Montalvo III. CCA 201400241. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to March 16, 2017

 

No. 17-0262/AR. U.S. v. Charles Maston. CCA 20140537. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 21, 2017.

 

Mandates Issued

 

No. 16-0296/AF. U.S. v. Joseph R. Dockery III. CCA 38624.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 2, 2017

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0190/AR. U.S. v. Issac G. Aguigui. CCA 20140260. 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 be, and the same is hereby dismissed without prejudice to Appellant's right to raise the matters asserted during the normal course of appellate review.

 

Mandatory Review Case Filed

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 1, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0262/AR. U.S. v. Charles Maston. CCA 20140537.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0213/AR. U.S. v. Ahessan H. Ali. CCA 20150366. 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.*

 

*  It is directed that the promulgating order be corrected to reflect that the Charge was a violation of Article 134, UCMJ, vice Article 120.

 

Orders Granting Petition for Review

 

No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 20150010. 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 MILITARY JUDGE ERRED IN FAILING TO SUPPRESS EVIDENCE DIRECTLY FLOWING FROM THE ILLEGAL APPREHENSION OF APPELLANT, WHETHER THE NMCCA RULING UPHOLDING THIS DECISION CONFLATED REASONABLE SUSPICION WITH PROBABLE CAUSE, AND WHETHER THIS DECISION SHOULD BE REVERSED.

 

Briefs will be filed under Rule 25. Appellant's brief shall be filed within 25 days of the date of this order. Appellee's brief shall be filed within 25 days of the filing of the Appellant's brief. Appellant may file a reply brief within 5 days of the filing of Appellee's brief.

 

Interlocutory Orders

 

No. 17-0148/AF. U.S. v. Stephan H. Claxton. CCA 38188. Appellant's motion to extend time to file a brief and a joint appendix granted to March 17, 2017.

 

No. 17-0222/AF. U.S. v. Yogendra Rambharose. CCA 38769. Appellant's motion to file a corrected supplement to the petition for grant of review granted.

 

Hearings

 

No. 16-0705/AR. U.S. v. Sean R. Erikson. CCA 20150130.

No. 17-0032/AR. U.S. v. Sean M. Ahern. CCA 20130822.

 

Petitions for New Trial - Summary Dispositions

 

No. 17-0068/AF. U.S. v. Andre K. Lewis. CCA 38671. On consideration of the petition for new trial, it is ordered that said petition be, and the same is hereby denied.



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