UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
November 30, 2018
Petitions for Grant of Review Filed
No. 19-0084/NA. U.S. v. Darin H. Keeter. CCA 201700119.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 29, 2018
Petitions for Grant of Review Denied
No. 19-0012/AF. U.S. v. Andre D. Alford.
CCA 39216.
No. 19-0018/AR. U.S. v. Leroy Straker,
Jr. CCA 20160476.
No. 19-0029/AR. U.S. v. Michael G. Walker. CCA 20170367.
No. 19-0034/AR. U.S. v. Daniel T. Martinez Jr. CCA 20170490.
Orders Granting Petition for Review
No. 18-0350/CG. U.S. v. Michael R. Rodriguez. CCA 1450. On consideration of the petition for
grant of review of the decision of the United States Coast Guard Court of
Criminal Appeals, it is ordered that said petition is granted on the following
issue:
WHETHER
UNITED STATES v. ORBEN,
WHICH ESTABLISHED WHAT THE GOVERNMENT MUST SHOW TO PROVE INTENT FOR INDECENT
LIBERTIES UNDER ARTICLE 134 (THE PRECURSOR TO ARTICLE 120b), APPLIES TO THE
INTENT ELEMENT OF ARTICLE 120b(c), SEXUAL ABUSE OF A CHILD.
Briefs
will be filed under Rule 25.
No. 18-0362/AR. U.S.
v. Nicholas L. Frost. CCA 20160171. 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 granted on the following issue:
WHETHER THE MILITARY JUDGE ERRED IN ADMITTING HEARSAY
STATEMENTS AS PRIOR CONSISTENT STATEMENTS UNDER MIL. R. EVID. 801(d)(1)(B)(i) WHERE THE DEFENSE THEORY POSITED THE IMPROPER INFLUENCE
OR MOTIVE PRECEDED THE ALLEGEDLY CONSISTENT STATEMENTS.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 28, 2018
Petitions for Grant of Review Filed
No. 19-0080/AR. U.S. v. Jonathan Ortega. CCA 20170503.
No. 19-0081/AR. U.S. v. Leshan
Jones.
CCA
20180225.
No. 19-0082/AR. U.S. v. Edgar J. Montano-Parra. CCA 20180002.
No. 19-0083/AR. U.S. v. Christopher X. Jones. CCA 20180181.
Petitions for Grant of Review Denied
No. 19-0011/AR. U.S. v. Rayon I. Finney. CCA 20160238.
No. 19-0032/AR. U.S. v. Michael P. Malloy. CCA 20170385.
Interlocutory Orders
No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellant's
fourth motion to extend time to file a brief is granted to January 31, 2019,
and that absent extraordinary circumstances, no further extension of time will
be granted in this case.
No. 18-0347/AR. Michael J. Gonzales. CCA 20130849. Appellant's
motion to supplement the record is denied.
No. 18-0362/AR. U.S. v. Nicholas L. Frost. CCA 20160171. Appellant's
motion to supplement the record is denied.
No. 19-0012/AF. U.S. v. Andre D. Alford.
CCA 39216.
On consideration of Appellant's pro se motion to present an issue pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982),
out of time, it is ordered that the motion to file the Grostefon issue out of time is granted,
and that review of Appellant's personally asserted issue is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 27, 2018
Petitions for Grant of Review Filed
No. 19-0077/AR. U.S. v. Billy J. Smith, Jr. CCA 20160049.
No. 19-0078/AR. U.S. v. Jeffrey D. Stalcup. CCA 20170650.
No. 19-0079/AR. U.S. v. Aaron W. Wilson. CCA 20170613.
Petitions for Grant of Review Denied
No. 19-0038/NA. U.S. v. Leah S. Vincent.
CCA
201800100.
Interlocutory Orders
No. 19-0046/AR. U.S. v. Luis M. Melgarejo. CCA 20170105. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to December 10, 2018.
No. 19-0076/NA. U.S. v. Roderick A.
Chapman, Jr. CCA 201700138. Appellant's motion
to extend time to file the supplement to the petition for grant of review
granted to December 17, 2018.
No. 19-0077/AR. U.S. v. Billy J. Smith, Jr. CCA 20160049. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to December 17,
2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
November 26, 2018
Petitions for Grant of Review Filed
No. 19-0076/NA. U.S. v. Roderick A.
Chapman, Jr. CCA 201700138.
Petitions for Grant of Review Denied
No. 18-0368/AR. U.S. v. Vitor
M. Dacosta. CCA 20170636.
No. 18-0378/NA. U.S. v. Sherman O.
Rollins. CCA 201700039.
No. 19-0005/AR. U.S. v. Clarence P. Williams. CCA 20160623.
No. 19-0006/AF. U.S. v. Landon M. Parris.
CCA 32463.
No. 19-0008/AR. U.S. v. Louis R. Quill. CCA 20160454.
No. 19-0023/AR. U.S. v. Dante T. Denmark. CCA 20180017.
No. 19-0033/AR. U.S. v. Callan
J. Johnson.
CCA
20170549.
No. 19-0035/AR. U.S. v. Lokahi
M. Taeza. CCA 20170466.
No. 19-0036/AR. U.S. v. Renaldo A. Anderson II. CCA 20170498.
No. 19-0037/AR. U.S. v. Joshua L. Simon. CCA 20170518.
Interlocutory Orders
No. 19-0045/AR. U.S. v. Isaac G. Aguigui. CCA 20140260. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to December 11, 2018.
No. 19-0048/AR. U.S. v. Malik
J. Shakur. CCA 20170127. Appellant's motion to raise additional matters
pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is
granted.
No. 19-0066/AR. U.S. v. Jeremy N. Navarette. CCA 20160786. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to December 17, 2018.
No. 19-0069/AR. U.S. v. Christopher A. Pafford. CCA 20170057.Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to December 10, 2018.
No. 19-0071/AR. U.S. v. Jordan A. Gunther. CCA 20170124. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to December 10, 2018.
No. 19-0072/AR. U.S. v. David R. McHugh. CCA 20160647. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to December 14, 2018.
No. 19-0073/AR. U.S. v. Kitione
V. Taufui. CCA 20160737. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to December 12, 2018.
No. 19-0074/AR. U.S. v. Aaron D. Keller. CCA 20150619. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to December 11, 2018.
No. 19-0075/AR. U.S. v. Matthew N. Gray. CCA 20180055. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to December 17, 2018.
Mandates Issued
No. 18-0209/AR. U.S. v. Jeffrey G. Eugene. CCA 20160438.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 21, 2018
Petitions for Grant of Review Filed
No. 19-0072/AR. U.S. v. David R. McHugh. CCA 20160647.
No. 19-0073/AR. U.S. v. Kitione
V. Taufui. CCA 20160737.
No. 19-0074/AR. U.S. v. Aaron D. Keller. CCA 20150619.
No. 19-0075/AR. U.S. v. Matthew N. Gray. CCA 20180055.
Interlocutory Orders
No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. Appellant's
motion to extend time to file a petition for reconsideration granted to
December 3, 2018
No. 18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393. Appellant's
motion to extend time to file a reply brief granted to December 10, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 20, 2018
Petitions for Grant of Review Filed
No. 19-0070/AR. U.S. v. Olusegun
Gade. CCA 20170506.
No. 19-0071/AR. U.S. v. Jordan A. Gunther. CCA 20170124.
Petitions for Grant of Review Denied
No. 19-0009/AR. U.S. v. Calvin L. Barnes, Jr. CCA 20170223.
No. 19-0016/AR. U.S. v. Aron
Castaneda.
CCA
20170299.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
November 19, 2018
Petitions for Grant of Review Filed
No. 19-0067/AF. U.S. v. Eric A. Hyler. CCA 39441.
No. 19-0068/AR. U.S. v. Darreon
I. Scipio.
CCA
20170642.
No. 19-0069/AR. U.S. v. Christopher A. Pafford. CCA 20170057.
Petitions for Grant of Review Denied
No. 19-0020/AF. U.S. v. Mia Donte T. Knox. CCA 39284.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
November 16, 2018
Petitions for Grant of Review Filed
No. 19-0064/AR. U.S. v. Trevor Wright. CCA 20170541.
No. 19-0065/AR. U.S. v. Victor J. Medina. CCA 20180100.
No. 19-0066/AR. U.S. v. Jeremy N. Navarette. CCA 20160786.
Petitions for Grant of Review Denied
No. 19-0002/AR. U.S. v. Marvin K. Cooper. CCA 20170520.
No. 19-0014/MC. U.S. v. Johnny S. Perez. CCA 201700249.
No. 19-0017/AR. U.S. v. Kurtiss
A. Gooch.
CCA 20170349.
Interlocutory Orders
No. 18-0305/AR. U.S. v. Michael C. Gleason. CCA 20150379. Appellant's
motion to file a brief out of time is granted.
No. 19-0058/AR. U.S. v. Jack K. Norris. CCA 20160262. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to November 19, 2018.
No. 19-0063/NA. U.S. v. Joseph M. Wilson.
CCA
201700098. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to December 6, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 15, 2018
Petitions for Grant of Review Filed
No. 19-0063/NA. U.S. v. Joseph M. Wilson.
CCA
201700098.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 14, 2018
Petitions for Grant of Review Filed
No. 19-0062/AR. U.S. v. Wesley P. Tilton. CCA 20170411.
Petitions for Grant of Review Denied
No. 19-0001/AR. U.S. v. Jose J. Olivieritorres. CCA 20170444.
Interlocutory Orders
No. 19-0015/AR. U.S. v. Harry T. Smith. CCA 20170604. On
consideration of Appellant's motion to withdraw the petition for grant of
review, it is ordered that appellate defense counsel provide official
documentation as to Appellant's death within 30 days of the date of this order.
No. 19-0022/AR. U.S. v. Victor D. Wilson. CCA 20160342. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to November 27, 2018.
No. 19-0028/AR. U.S. v. Abelardo
Gonzalez.
CCA
20170118. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to November 27, 2018.
No. 19-0057/AR. U.S. v. Michael A. Bass. CCA 20170499. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 28, 2018.
No. 19-0058/AR. U.S. v. Jack K. Norris. CCA 20160262. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 16, 2018.
No. 19-0059/NA. U.S. v. Cody L. Bannister.
CCA
201600056. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to December 4, 2018.
No. 19-0061/AF. James W. Richards IV, Appellant v. Deborah
Lee James, Secretary of the United States Air Force, Brian S. Greenroad, Colonel, Commander, Air Force Security Forces
Center, and D.L. Hinton, Colonel, Commandant, United
States Disciplinary Barracks, Appellees. CCA 2018-07.
Notice is hereby given that a motion for enlargement of time to file a
writ-appeal petition for review of the decision of the United States Air Force
Court of Criminal Appeals on application for extraordinary relief was filed
under Rule 27(b) on November 2, 2018, and placed on the docket this date. On
consideration thereof, it is ordered that the motion is granted to December 18,
2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 13, 2018
Petitions for Grant of Review Filed
No. 19-0059/NA. U.S. v. Cody L. Bannister.
CCA
201600056.
No. 19-0060/AF. U.S. v. William R.
Sherrod. CCA 39347.
Petitions for Grant of Review Denied
No. 18-0361/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077.
No. 18-0373/AR. U.S. v. Leslie L. Davidson. CCA 20170123.
No. 18-0374/AR. U.S. v. Joseph A. Roman. CCA 20170240.
Orders Granting Petition for Review
No. 18-0372/AF. U.S. v. Paul D. Voorhees. CCA 38836. 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 granted on the following
issues:
I. WHETHER THE AFCCA
ERRED IN FINDING NO PLAIN ERROR DESPITE TRIAL COUNSEL'S ARGUMENT ON FINDINGS
THAT PERSONALLY ATTACKED APPELLANT AND TRIAL DEFENSE COUNSEL, COMMENTED ON
APPELLANT'S SILENCE, EXPRESSED HIS PERSONAL OPINIONS, BOLSTERED HIS OWN
CREDIBILITY, VOUCHED FOR GOVERNMENT WITNESSES, SPECULATED, AND MADE REFERENCE
TO FACTS NOT IN EVIDENCE.
II. WHETHER THE AFCCA
ERRED IN FINDING THAT THE SPECIFICATIONS ALLEGING VIOLATIONS OF ARTICLE 133, UCMJ, STATED AN OFFENSE DESPITE THE FACT THAT THEY LACK
WORDS OF CRIMINALITY OR A MENS REA.
III. WHETHER PLAIN ERROR
OCCURRED WHEN THE MILITARY JUDGE FAILED TO INSTRUCT THE MEMBERS THAT MENS REA WAS AN ELEMENT OF AN OFFENSE UNDER ARTICLE 133.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
November 9, 2018
Petitions for Grant of Review Filed
No. 19-0058/AR. U.S. v. Jack K. Norris. CCA 20160262.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 8, 2018
Petitions for Grant of Review Filed
No. 19-0057/AR. U.S. v. Michael A. Bass. CCA 20170499.
Petitions for Grant of Review Denied
No. 19-0004/AR. U.S. v. Blake C. Williams. CCA 20170680.
Interlocutory Orders
No. 19-0056/AR. U.S. v. Juan E. Roblez. CCA 20180042. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 29, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
November 7, 2018
Petitions for Grant of Review Filed
No. 19-0055/AF. U.S. v. Christian R.
Flores. CCA 39253.
No. 19-0056/AR. U.S. v. Juan E. Roblez. CCA 20180042.
Hearings
No. 18-0201/AR. U.S. v. Anthony M. Bodoh. CCA 20150218.
No. 18-0247/AR. U.S. v. Hector Nicola. CCA 20150781.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
November 6, 2018
Hearings
No. 18-0288/AF. U.S. v. Jeremiah L. King.
CCA 39055.
No. 18-0267/AR. U.S. v. Jason A. Kohlbek. CCA 20160427.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
November 5, 2018
Petitions for Grant of Review Denied
No. 19-0003/AF. U.S. v. Christian A. Von
Ins. CCA 39411.
Miscellaneous Docket - Filings
No.
19-0053/AR. Nidal M. Hasan,
Petitioner v. United States Army Court of Criminal Appeals, Respondent and
United States, Real Party In Interest. CCA 20130781. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of mandamus and brief in support
were filed under Rule 27(a) on this date.
No.
19-0054/AR. Nidal M. Hasan,
Petitioner v. United States Army Court of Criminal Appeals, Respondent and
United States, Real Party In Interest. CCA 20130781. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of mandamus and brief in support
were filed under Rule 27(a) on this date.
Certificates for Review Filed
No. 19-0052/AF. United States, Appellant v. Richard D. Collins, Appellee. CCA 39296. 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 DETERMINED THAT THE 2006
AMENDMENT TO ARTICLE 43, UCMJ, CLARIFYING THAT RAPE
IS AN OFFENSE WITH NO STATUTE OF LIMITATIONS, DID NOT APPLY TO APPELLEE'S 2000 RAPE OFFENSE.
II. WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED WHEN IT FOUND THAT APPELLEE COULD SUCCESSFULLY RAISE THE STATUTE OF
LIMITATIONS DEFENSE FOR THE FIRST TIME ON APPEAL.
III. WHETHER THE AIR FORCE COURT OF CRIMINAL
APPEALS ERRED WHEN IT FOUND THAT THE MILITARY JUDGE COMMITTED PLAIN ERROR BY
FAILING TO INFORM APPELLEE HE COULD RAISE THE STATUTE OF LIMITATIONS AS A BAR TO
TRIAL.
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
the 5th day of December, 2018.
Interlocutory Orders
No. 02-0274/AR. U.S. v. Charles G. Willenbring. CCA 9801505. On
consideration of Appellant's corrected motion for leave to file a petition for
reconsideration out of time and the petition for reconsideration filed out of
time, it is ordered that Appellee shall file an
answer to the motion, addressing as a threshold matter this Court's
jurisdiction to grant the foregoing motion in light of Appellant's status as an
inmate in the North Carolina state prison serving a sentence to life
imprisonment, and a separate answer to the petition, addressing, inter alia, the applicability of Teague v. Lane, 489 U.S. 288 (1989),
within 15 days of the date of this order. Appellant may file a consolidated
reply within 5 days of the filing of the Appellee's
answers.
No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150. Appellant's
motion to extend time to file a reply brief granted to November 13, 2018.
No. 18-0288/AF. U.S. v. Jeremiah L. King.
CCA 39055.
Appellant's second motion to submit a supplemental joint appendix, second motion to file the supplemental joint appendix under seal, second motion to suspend C.A.A.F. Rule 39 for the service of the supplemental joint appendix, and Appellee's motion to file a corrected brief are granted.
No. 18-0304/NA. U.S. v. Lamar A. Forbes.
CCA
201600357. Appellee's motion to strike pages
from the joint appendix is denied.
No. 18-0304/NA. U.S. v. Lamar A. Forbes.
CCA
201600357. On consideration of the motion filed by OutServe-SLDN,
Inc., for leave to file an amicus curiae
brief in support of Appellant and motion for leave to participate in oral
argument on the merits, it is ordered that the motion for leave to file an amicus curiae brief in support of
Appellant is granted, and the motion to participate in oral argument on the
merits is denied.
No. 18-0349/AF. U.S. v. Thomas G. Arnold.
CCA 39194.
Appellant's motion for leave to file a supplement that does not comply with the
page limitations set forth in Rule 21(b) is denied. Appellant will file a
supplement to the petition for grant of review that complies with Rule 21(b) on
or before November 15, 2018.
No. 18-0362/AR. U.S. v. Nicholas L. Frost. CCA 20160171. Appellant's
motion to correct errata is granted.
No. 18-0368/AR. U.S. v. Vitor
M. Dacosta. CCA 20170636. Appellant's motion to submit matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982)
is granted.
No. 19-0050/AR. U.S. v. Luke D. English. CCA 20160510. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 26, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
November 2, 2018
Petitions for Grant of Review Filed
No. 19-0049/AR. U.S. v. Albert Rodriguez. CCA 20170345.
No. 19-0050/AR. U.S. v. Luke D. English. CCA 20160510.
No. 19-0051/AR. U.S. v. Korey
B. Kangich. CCA 20170170.
Miscellaneous Docket - Summary
Dispositions
No. 19-0021/NA. Joshua G. Anderson, Appellant v. United States, Appellee. CCA 201200499. On consideration of the writ-appeal
petition, it is ordered that the writ-appeal petition is dismissed for lack of
jurisdiction.
Interlocutory Orders
No. 18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393. Appellee's motion to extend time to file a brief granted to
November 19, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
November 1, 2018
Interlocutory Orders
No.
18-0347/AR. U.S. v. Michael J. Gonzales. CCA 20130849. Appellant's motion to
submit matters pursuant to United States
v. Grostefon, 12 M.J.
431 (C.M.A. 1982) is granted.
No. 19-0048/AR. U.S. v. Malik
J. Shakur. CCA 20170127. Appellant's motion to attach appendices
is granted.
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