UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 30, 2017
Petitions for Grant of Review Filed
No. 18-0062/NA. U.S. v. Abel A. Montesdeoca. CCA 201600238.
Mandates Issued
No. 17-0525/AR. U.S. v. Ronald Gray. CCA 20160775.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 29, 2017
Petitions for Grant of Review Filed
No. 18-0061/AR. U.S. v. Yely Nunez Jiminez. CCA
20170033.
Petitions for Grant of Review Denied
No. 18-0018/AR. U.S. v. Ricardo E. Chinchilla. CCA 20150266.
No. 18-0026/AR. U.S. v. Timothy C. Asay. CCA 20160445.
No. 18-0027/AR. U.S. v. Justin P. Swift. CCA 20100196.
No. 18-0028/AR. U.S. v. Trey A. Sanders. CCA 20160716.
Orders Granting Petition for Review
No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. Upon reconsideration of Appellant's petition
for grant of review, we granted review of the following issue: WHETHER SENIOR
CIVILIAN AND MILITARY LEADERS EXERTED UNLAWFUL COMMAND INFLUENCE ON THE
CONVENING AUTHORITY. We also ordered a hearing in accordance with United
States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967). See United
States v. Barry, 76 M.J. 407 (C.A.A.F. 2017)(sum.
disp.). The record of that proceeding and the findings of
fact and conclusions of law of the DuBay judge have been returned
to this Court. After consideration of the record of the hearing and the
findings and conclusions of the DuBay judge, it is ordered that said
petition is hereby granted on the following specified issue:
WHETHER
A DEPUTY JUDGE ADVOCATE GENERAL CAN COMMIT UNLAWFUL COMMAND INFLUENCE UNDER
ARTICLE 37, UCMJ, 10 U.S.C. §837 (2012).
The
original granted issue is also modified as follows:
WHETHER
MILITARY OFFICIALS EXERTED ACTUAL UNLAWFUL COMMAND INFLUENCE ON THE CONVENING
AUTHORITY OR CREATED THE APPEARANCE OF DOING SO.
Appellant
shall file a brief on the two granted issues on or before December 29, 2017,
Appellee shall file a brief within 30 days of the date of the filing of
Appellant's brief, and Appellant may file a reply within 10 days of the date of
the filing of Appellee's brief. The parties are ordered to file a joint
appendix in accordance with C.A.A.F. R. 24(f).*
* Judge Sparks is recused and did not participate.
Hearings
No. 17-0231/AR. U.S. v. Torrence A. Robinson. CCA
20140785.
No. 17-0329/AR. U.S. v. Randy L. Simpson, Jr. CCA
20140126.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 28, 2017
Petitions for Grant of Review Filed
No. 18-0060/AR. U.S. v. Daniel A. Romero. CCA 20150139.
Hearings
No. 17-0203/AR. U.S. v. David L. Jerkins. CCA 20140071.
No. 17-0224/AR. U.S. v. Jorge F. Acevedo. CCA 20150076.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
November 27, 2017
Petitions for Grant of Review Filed
No. 18-0057/AF. U.S. v. Steven J. Bailey.
CCA 39052.
No.
18-0058/AR. U.S. v. John T. Cowan. CCA 20160031.
No. 18-0059/AR. U.S. v. Edward L. Crowder. CCA 20150728.
Petitions for Grant of Review Denied
No. 18-0023/AR. U.S. v. Christopher D. Palmer. CCA 20160782.
Interlocutory Orders
No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. In the opinion
of November 20, 2017, in the above referenced case, the Court stated that a
briefing order would follow. United States v. Hennis, __M.J.__, (2 n.2) (C.A.A.F. 2017). Accordingly, it is ordered that
Appellant will file a brief under Rule 23 no later than May 31, 2018. Appellee will file a brief within 60 days of the filing of
Appellant's brief. Appellant may file a reply brief within 20 days of the
filing of Appellee's brief. The briefs and the reply,
if any, shall comply with the format established in this Court's March 6, 2017,
order.
No. 17-0609/AF. U.S. v. Leon A. Brown IV.
CCA 38864.
Appellant's motion for leave to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.
No. 18-0018/AR. U.S. v. Ricardo E. Chinchilla. CCA 20150266. Appellant's
motion to supplement the record with defense appellate exhibit B is denied.
No. 18-0040/AR. U.S. v. Jeffery T. Page. CCA 20150505. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to December 12, 2017.
No. 18-0049/MC. U.S. v. Mykal
L. Evans.
CCA
201600111. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to December 11, 2017.
No. 18-0050/AR. U.S. v. Thomas C. Richards. CCA 20160394. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to December 11, 2017.
No. 18-0055/AR. U.S. v. Robert Bales. CCA 20130743. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to December 12, 2017.
No. 18-0056/AR. U.S. v. David A. Fenili. CCA 20140806. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to December 12, 2017.
No. 18-0057/AF. U.S. v. Steven J. Bailey.
CCA 39052.
Appellant's motion to extend time to file the supplement to the petition for
grant of review granted to December 18, 2017.
Mandates Issued
No. 17-0306/AF. U.S. v. Joseph A. Pugh.
CCA
2016-11.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 22, 2017
Petitions for Grant of Review Filed
No. 18-0055/AR. U.S. v. Robert Bales. CCA 20130743.
No. 18-0056/AR. U.S. v. David A. Fenili. CCA 20140806.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 21, 2017
Petitions for Grant of Review Filed
No. 18-0051/MC. U.S. v. Charles A. Titman. CCA 201600368.
No. 18-0052/AR. U.S. v. Timothy D. Worlds. CCA 20150134.
No. 18-0053/AF. U.S. v. Richard J.
Campbell. CCA 39036.
No. 18-0054/AF. U.S. v. Steven T. Potter.
CCA 39128.
Petitions for Grant of Review Denied
No. 18-0003/AF. U.S. v. Sergiy O. Alyokhin. CCA 39017.
No. 18-0022/AF. U.S. v. Brandon N. Myers.
CCA 39234.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
November 20, 2017
Petitions for Grant of Review Filed
No. 18-0049/MC. U.S. v. Mykal L. Evans. CCA
201600111.
No. 18-0050/AR. U.S. v. Thomas C. Richards. CCA
20160394.
Petitions for Grant of Review Denied
No. 17-0611/AF. U.S. v. Jordin B.
Lafontaine. CCA 39004.
No. 18-0021/AR. U.S. v. Norman K. McNeal. CCA
20160488.
Interlocutory Orders
No. 17-0603/AR. U.S. v. John-Brian Hughes. CCA
20130783. Appellant's motion to consider matters pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.
No. 18-0029/AR. U.S. v. Lawrence J. Franks, Jr. CCA
20140952.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review granted to December 5, 2017.
No. 18-0030/AR. U.S. v. Raymond P. Pasay. CCA
20140930. Appellant's motion to submit matters pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
November 17, 2017
Petitions for Grant of Review Filed
No. 18-0047/AR. U.S. v. Richard G. Rummings. CCA 20150811.
No. 18-0048/AR. U.S. v. Danny R. Griffin. CCA 20150794.
Petitions for Grant of Review Denied
No. 17-0613/AR. U.S. v. Ronald E. Fosdyck
III.
CCA
20150617.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 16, 2017
Petitions for Grant of Review Filed
No. 18-0046/AR. Felix M. Mariani. CCA 20160375.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 15, 2017
Petitions for Grant of Review Denied
No. 17-0606/AF. U.S. v. David W. Bruno.
CCA 2017-03.
Orders Granting Petition for Review
No. 17-0608/AR. U.S.
v. Randy E. Jones. CCA
20150370. 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
ADMISSION OF AN ALLEGED CO-CONSPIRATOR'S CONFESSION TO LAW ENFORCEMENT VIOLATED
M.R.E. 801(d)(2)(E).
II.
WHETHER
ADMISSION OF THE SAME CONFESSION VIOLATED APPELLANT'S SIXTH AMENDMENT RIGHT TO
CONFRONTATION.
III.
WHETHER USE OF THE CONFESSION TO
CORROBORATE OTHERWISE UNSUPPORTED ESSENTIAL ELEMENTS IN APPELLANT'S OWN
CONFESSION VIOLATED M.R.E. 304(g) AND UNITED STATES v. ADAMS, 74 M.J. 137 (C.A.A.F. 2015).
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 17-0434/AF. U.S. v. Edzel D. Mangahas.
CCA 2016-10. Appellant's motion to dispense with the
joint appendix requirement is granted.
No. 18-0023/AR. U.S. v. Christopher D. Palmer. CCA
20160782. Appellant's motion to unseal is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 14, 2017
Petitions for Grant of Review Filed
No. 18-0044/AF. U.S. v. Rashaad D. Mickens. CCA S32396.
No. 18-0045/AF. U.S. v. Hunter J. Denny.
CCA 39089.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
November 13, 2017
Petitions for Grant of Review Denied
No. 18-0011/MC. U.S. v. Randall Woody. CCA
201600158.
No. 18-0013/AR. U.S. v. Jermel L. Cleveland. CCA
20160522.
Miscellaneous Docket - Summary
Dispositions
No. 18-0004/AF. James R. Lewis, Appellant v. United States,
Appellee. CCA 2017-05. On consideration of the
writ-appeal petition, it is ordered that the writ-appeal petition is denied.
No. 18-0006/AF. Joseph M. Ward III, Appellant v. United
States, Appellee. CCA 2017-06. On consideration of the
writ-appeal petition, it is ordered that the writ-appeal petition is denied.
No. 18-0012/AF. Floyd M. Jeter, Appellant v. United States,
Appellee. CCA 2017-07. On consideration of the
writ-appeal petition, it is ordered that said writ-appeal petition is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 9, 2017
Petitions for Grant of Review Filed
No. 18-0041/NA. U.S. v. Brian C.
Christopher. CCA 201600084.
No. 18-0042/AR. U.S. v. Michael A. Knopik. CCA 20160811.
No. 18-0043/AF. U.S. v. Ralph G. Morales.
CCA 39018.
Interlocutory Orders
No. 18-0002/AR. U.S. v. Elmer F. Hoffman III. CCA 20140172. Appellant's
third motion to extend time to file the supplement to the petition for grant of
review granted to November 21, 2017.
No. 18-0040/AR. U.S. v. Jeffery T. Page. CCA 20150505. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 28, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 8, 2017
Petitions for Grant of Review Filed
No. 18-0040/AR. U.S. v. Jeffery T. Page. CCA 20150505.
Petitions for Grant of Review Denied
No. 17-0594/AR. U.S. v. Vanmany
K. Ferguson.
CCA
20140957.
Hearings
No. 17-0364/AF. U.S. v. Tyler G. Eppes. CCA 38881.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
November 6, 2017
Petitions for Grant of Review Filed
No. 18-0038/MC. U.S. v. Benjamin Ramirez. CCA
201600139.
No. 18-0039/AR. U.S. v. Maurice A. Turner. CCA
20160009.
Petitions for Grant of Review Denied
No. 18-0007/MC. U.S. v. William E. Wooddall. CCA
201700061.
Interlocutory Orders
No. 18-0036/AF. U.S. v. Danreddy L. Jalos.
CCA 39138. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to November 27,
2017.
No. 18-0037/AF. U.S. v. Cody D. Bond.
CCA 38934. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to November 27,
2017.
No. 18-0038/MC. U.S. v. Benjamin Ramirez. CCA
201600139. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to November 27, 2017.
Petition for Reconsideration Denied
No. 17-0575/AR. U.S. v. Marcus C. Daniels. CCA
20140538. Appellant's petition for reconsideration of the Court's order
issued October 12, 2017 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
November 3, 2017
Petitions for Grant of Review Filed
No. 18-0035/AR. U.S. v. Uriel
S. Garcia.
CCA
20160463.
No. 18-0036/AF. U.S. v. Danreddy L. Jalos. CCA 39138.
No. 18-0037/AF. U.S. v. Cody D. Bond.
CCA 38934.
Petitions for Grant of Review Denied
No. 17-0588/AR. U.S. v. Marcell
T. Bunch.
CCA
20160197.
No. 17-0589/AF. U.S. v. Christopher J.
Hill. CCA 38979.
No. 18-0001/AR. U.S. v. Robert S. Stites,
Jr. CCA 20160358.
Petitions for New Trial Filed
No. 17-0610/AF. U.S. v. Matthew Thomas.
CCA 38977.
Notice is hereby given that a petition for new trial was filed under Rule 29 on
this date. Appellant will file a brief under Rule 29(c) in support of said
petition on or before the 4th day of December, 2017.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 2, 2017
Petitions for Grant of Review Filed
No. 18-0034/AR. U.S. v. John M. Russell. CCA 20130463.
Appeals — Summary Dispositions
No. 17-0200/AR. U.S.
v. Carlos A. Gonzalez-Gomez. CCA 20121100. On further
consideration of the granted issue, 76 M.J. 174
(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). In this review, the Court of Criminals Appeals will specifically
address the following issue:
IN
LIGHT OF THE FACT THAT THE COURT OF CRIMINAL APPEALS ISSUED ITS INITIAL OPINION
OUTSIDE OF THE TIMEFRAME ESTABLISHED IN UNITED STATES v. MORENO, 63 M.J. 129 (C.A.A.F. 2006), AND ONE
DAY AFTER APPELLANT WAS RELEASED FROM CONFINEMENT ON PAROLE, DID THE 180-DAY
REDUCTION IN THE ADJUDGED SENTENCE OF CONFINEMENT AFFORD APPELLANT MEANINGFUL
RELIEF FOR THE DILATORY POST-TRIAL PROCESSING?
No. 17-0507/AR. U.S.
v. Orval W. Gould, Jr. CCA
20120727.
On further consideration of Appellant's certificate for review and the briefs
of the parties, it is ordered that the first and second certified issues are
answered in the negative, and therefore, no answer is provided to the third
certified issue because to do so would require issuing an advisory opinion. The
decision of the United States Army Court of Criminal Appeals is affirmed.
Interlocutory Orders
No. 17-0592/AR. U.S. v. Angel M. Sanchez. CCA 20140735. Appellant's
motion to consider matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982)
is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 1, 2017
Petitions for Grant of Review Filed
No. 18-0033/AR. U.S. v. Marion L. Edwards III. CCA
20170222.
Petitions for Grant of Review Denied
No. 17-0587/CG. U.S. v. Jacob W. Decker.
CCA 1436.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0579/MC. U.S.
v. Michael R. Tinsley. CCA
201600083.
On consideration of the petition for grant of review of the decision of the
United States Navy-Marine Corps Court of Criminal Appeals and in light of United
States v. Walters, 58 M.J. 391 (C.A.A.F. 2003), it is ordered that said
petition is hereby granted, and the decision of the United States Navy-Marine Corps
Court of Criminal Appeals is affirmed, except for the words, "one
kennel," in Specification 1 of the Charge. The finding of guilty as to the
excepted words is set aside and those excepted words are dismissed.
Miscellaneous Docket - Summary
Dispositions
No. 18-0016/MC. Kevin
J. Delaney, Petitioner v. In their official
capacities as appellate judges of the United States Navy-Marine Corps Court of Criminal
Appeals, Colonel Kevin S. Woodard, USMC, Lead Judge; Commander Anne Marks, USN,
Senior Judge; Commander Marcus Fulton, USN; et al.
United States Navy-Marine Corps Court of Criminal Appeals, Respondents. On consideration of
the petition for extraordinary relief in the nature of an immediate release
from confinement and writ of mandamus to expedite appellate review of
Petitioner's case, it is ordered that the petition for extraordinary relief is
hereby denied.
Interlocutory Orders
No. 18-0031/NA. U.S. v. Marvin C. Dias.
CCA 201500177. Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to November 20,
2017.
No. 18-0032/AF. U.S. v. Leonardo Aguirre
Obregon. CCA 39005. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 20, 2017.
Petitions for Reconsideration Denied
No. 17-0560/AR. U.S. v. Kory D. Mann. CCA 20160335. On
consideration of Appellant's petition for reconsideration of this Court's order
issued October 16, 2017, it is ordered that the petition for reconsideration is
hereby denied.
No. 17-0581/AR. U.S. v. Paul T. White III. CCA 20160794. On
consideration of Appellant's petition for reconsideration of the Court's order
issued October 6, 2017, it is ordered that the petition for reconsideration is
hereby denied.
Court Closure
By
order of the Chief Judge, the United States Court of Appeals for the Armed
Forces will be closed all day on Friday, November 24, 2017. For purposes of
computation of time and motions to enlarge time under the Court's Rules of
Practice and Procedure, November 24, 2017, will be considered a day when the
Court is closed.
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