UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 31, 2018
Interlocutory Orders
No. 19-0043/AR. U.S. v. David J. Register. CCA 20170300. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 19, 2018.
No. 19-0045/AR. U.S. v. Isaac G. Aguigui. CCA 20140260. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 26, 2018.
No. 19-0046/AR. U.S. v. Luis M. Melgarejo. CCA 20170105. 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
Tuesday,
October 30, 2018
Petitions for Grant of Review Filed
No. 19-0046/AR. U.S. v. Luis M. Melgarejo. CCA 20170105.
No. 19-0047/AR. U.S. v. Roger J. Ramirez. CCA 20160599.
No. 19-0048/AR. U.S. v. Malik
J. Shakur. CCA 20170127.
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 23, 2018, Monday, December 24, 2018, and Monday, December 31,
2018.
For purposes of computation of time
and motions to enlarge time under the Court's Rules of Practice and Procedure,
November 23, 2018, December 24, 2018 and December 31, 2018, will be considered
days when the Court is officially closed.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
October 29, 2018
Petitions for Grant of Review Filed
No. 19-0040/AR. U.S. v. Rashieed
R. Johnson.
CCA
20170363.
No. 19-0041/AF. U.S. v. Jarek P. Paulett. CCA 39268.
No. 19-0042/AR. U.S. v. Omar A. Velez-Pagan. CCA 20160209.
No. 19-0043/AR. U.S. v. David J. Register. CCA 20170300.
No. 19-0044/AR. U.S. v. Jhontra'e
S. Samson.
CCA
20170479.
No. 19-0045/AR. U.S. v. Isaac G. Aguigui. CCA 20140260.
Petitions for Grant of Review Denied
No. 18-0358/AF. U.S. v. Joshua I.
Benfield. CCA 39267.
Interlocutory Orders
No. 18-0308/AR. U.S. v. Cedric L. McDonald. CCA 20160339. Appellee's motion to extend time to file a brief granted to
December 28, 2018.
No. 19-0039/AR. U.S. v. Carroll A. Gaither. CCA 20160287. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 19, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 26, 2018
Petitions for Grant of Review Filed
No. 19-0038/NA. U.S. v. Leah S. Vincent.
CCA
201800100.
No. 19-0039/AR. U.S. v. Carroll A. Gaither. CCA 20160287.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 25, 2018
Petitions for Grant of Review Filed
No. 19-0033/AR. U.S. v. Callan
J. Johnson.
CCA
20170549.
No.
19-0034/AR. U.S. v. Daniel T. Martinez Jr. CCA 20170490.
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.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, October 24, 2018
Interlocutory Orders
No.
18-0369/AR. U.S. v. Terry J. Leyba. CCA 20160159. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to November 8, 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 13, 2018.
Hearings
No.
18-0254/AR. U.S. v. Steven M. Tucker. CCA 20150634.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 23, 2018
Petitions for Grant of Review Filed
No. 19-0030/AR. U.S. v. Johnny Y. Hammond, Jr. CCA 20170661.
No. 19-0031/AR. U.S. v. Stephen E. Lee. CCA 20180001.
No. 19-0032/AR. U.S. v. Michael P. Malloy. CCA 20170385.
Hearings
No. 18-0135/AF. U.S. v. Darion A. Hamilton. CCA 39085.
No. 18-0162/AF. U.S. v. James M. Hale.
CCA 39101.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
October 22, 2018
Petitions for Grant of Review Filed
No. 19-0028/AR. U.S. v. Abelardo
Gonzalez.
CCA
20170118.
No. 19-0029/AR. U.S. v. Michael G. Walker. CCA 20170367.
Petitions for Grant of Review Denied
No. 18-0336/AR. U.S. v. James C. Laughrey. CCA 20160146.
No. 18-0344/AR. U.S. v. Scott E. Morgan. CCA 20160573.
No. 18-0377/MC. U.S. v. Stephen R. Moore. CCA 201800092.
Interlocutory Orders
No. 19-0022/AR. U.S. v. Victor D. Wilson. CCA 20160342. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to November 13, 2018.
No. 19-0025/AR. U.S. v. Daimon
C. Wear.
CCA
20160508. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to November 13, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 19, 2018
Petitions for Grant of Review Filed
No. 19-0025/AR. U.S. v. Daimon C. Wear. CCA
20160508.
No. 19-0026/AR. U.S. v. Alexandria J. Bowen. CCA
20170455.
Petitions for Grant of Review Denied
No. 18-0352/MC. U.S. v. Martinzie G. Watkins. CCA
201700073.
Miscellaneous Docket - Filings
No.
19-0027/AR. Jamal R. Williams-McCray, Appellant v. Colonel Timothy P. Hayes, Jr.,
Military Judge, United States Army, Appellee. CCA 20180473.
Notice is hereby given that a writ-appeal petition for review of the decision
of the United States Army Court of Criminal Appeals on application for
extraordinary relief, together with a motion to stay the trial proceedings
pending a decision on the writ-appeal, were filed under Rule 27(b) on October
18, 2018, and placed on the docket this date.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 18, 2018
Petitions for Grant of Review Filed
No. 19-0022/AR. U.S. v. Victor D. Wilson. CCA 20160342.
No. 19-0023/AR. U.S. v. Dante T. Denmark. CCA 20180017.
No. 19-0024/AR. U.S. v. Brady B. Simpkins. CCA 20160263.
Miscellaneous Docket - Filing
No. 19-0021/NA. U.S. v. Joshua G.
Anderson. CCA 201200499. 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 in the nature
of a writ of habeas corpus was filed under Rule 27(b).
Interlocutory Order
No. 18-0201/AR. U.S. v. Anthony M. Bodoh. CCA 20150218. Appellant's
motion to extend time to file a reply brief is granted to October 24, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 17, 2018
Petitions for Grant of Review Filed
No. 19-0020/AF. U.S. v. Mia Dante T. Knox.
CCA 39284.
Petitions for Grant of Review Denied
No. 18-0325/AR. U.S. v. Raymond C. McAllister. CCA 20160259.
No. 18-0367/AR. U.S. v. Christopher M. Stanley. CCA 20170551.
Orders Granting Petition for Review
No. 18-0371/AR. U.S.
v. Juventino Tovarchavez. CCA 20150250. 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 ERRED, FIRST, IN FINDING THAT THIS COURT OVERRULED SUB SILENCIO THE SUPREME COURT HOLDING IN CHAPMAN v. CALIFORNIA, 386 U.S. 18, 24 (1967), AND THIS COURT'S OWN
HOLDINGS IN UNITED STATES v. WOLFORD,
62 M.J. 418, 420 (C.A.A.F.
2006), AND IN UNITED STATES v. HILLS,
75 M.J. 350, 357 (C.A.A.F.
2016), AND, CONSEQUENTLY, IN TESTING FOR PREJUDICE IN THIS CASE USING THE
STANDARD FOR NONCONSTITUTIONAL ERROR.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 18-0288/AF. U.S. v. Jeremiah L. King.
CCA 39055.
On consideration of Appellant's motion to submit a supplemental joint appendix,
motion to file the supplemental joint appendix under seal, and motion to suspend
C.A.A.F. Rule 39 for the service of the supplemental
joint appendix, it is ordered that the motion to submit a supplemental joint
appendix is hereby denied without prejudice to refiling
a motion to file a supplemental joint appendix not containing any contraband or
demonstrating good cause for filing contraband, and the motion to file the
supplemental joint appendix under seal and motion to suspend C.A.A.F. Rule 39 for the service of the supplemental joint
appendix are denied as moot.
No. 18-0336/AR. U.S. v. James C. Laughrey. CCA 20160146. On
consideration of Appellant's motion to consider matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982)
and motion to consider affidavits, it is ordered that the motion to consider Grostefon matters
is granted, and the motion to consider affidavits is denied.
No. 19-0019/AR. U.S. v. Bryton
S. Layfield. CCA 20170633. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 5, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 16, 2018
Petitions for Grant of Review Filed
No. 19-0018/AR. U.S. v. Leroy Straker,
Jr. CCA 20160476.
No. 19-0019/AR. U.S. v. Bryton
S. Layfield. CCA 20170633.
Interlocutory Orders
No. 19-0013/AF. U.S. v. John D. Gonzalez.
CCA 39125.
Appellant's motion to extend time to file a supplement to the petition for
grant of review granted to November 5, 2018.
No. 19-0015/AR. U.S. v. Harry T. Smith. CCA 20170604. Appellant's
motion to extend time to file a supplement to the petition for grant of review
granted to October 31, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
October 15, 2018
Petitions for Grant of Review Filed
No. 19-0013/AF. U.S. v. John D. Gonzalez.
CCA 39125.
No. 19-0014/MC. U.S. v. Johnny S. Perez. CCA 201700249.
No. 19-0015/AR. U.S. v. Harry T. Smith. CCA 20170604.
No. 19-0016/AR. U.S. v. Aron
Castaneda.
CCA
20170299.
No. 19-0017/AR. U.S. v. Kurtiss
A. Gooch.
CCA
20170349.
Petitions for Grant of Review Denied
No. 18-0370/NA. U.S. v. Joseph P. Saugen. CCA 201700046.
Petitions for Grant of Review -
Summary Dispositions
No. 17-0592/AR. U.S.
v. Angel M. Sanchez. CCA 20140735. On consideration of the petition for grant of review of
the decision of the United States Army Court of Criminal Appeals, and in light of United States v. Burris, 78 M.J. 56 (C.A.A.F. 2018) (summary
disposition), United States v. Williams,
77 M.J. 459 (C.A.A.F.
2018), United States v. Andrews, 77 M.J. 393 (C.A.A.F. 2018), United States v. Guardado,
77 M.J. 90 (C.A.A.F. 2017),
United States v. Hukill,
76 M.J. 219 (C.A.A.F.
2017), and United States v. Sweeney,
70 M.J. 296 (C.A.A.F.
2011), it is ordered that said petition is granted on the following issue:
WHETHER
THE ARMY COURT MISAPPLIED THIS COURT'S CONTROLLING PRECEDENTS IN CONCLUDING:
(1) THE MILITARY JUDGE DID NOT CONSIDER EVIDENCE TO COMMIT OTHER CONDUCT, AND
(2) DEFENSE COUNSEL "WAIVED" THIS ISSUE BY FAILING TO OBJECT AT
TRIAL.
The
decision of the United States Army Court of Criminal Appeals is reversed. The
record 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).
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 12, 2018
Petitions for Grant of Review Filed
No. 19-0010/AF. U.S. v. Jonathan A. Hull,
Jr. CCA 39214.
No. 19-0011/AR. U.S. v. Rayon I. Finney. CCA 20160238.
No. 19-0012/AF. U.S. v. Andre D. Alford.
CCA 39216.
Petitions for Grant of Review Denied
No. 18-0206/AR. U.S. v. Benjamin C. Hill. CCA 20130331.
No. 18-0207/NA. U.S. v. James R. Freeman.
CCA
201700043.
No. 18-0341/MC. U.S. v. Anthony M. Jones. CCA 201800084.
No. 18-0342/AF. U.S. v. Troy C. Hodge.
CCA 39259.
No. 18-0366/AR. U.S. v. David E. Black. CCA 20170140.
Orders Granting Petition for Review
No. 18-0305/AR. U.S.
v. Michael C. Gleason. CCA 20150379. 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 ARMY COURT ERRED BY AFFIRMING A NOVEL SPECIFICATION COVERED BY AN
ENUMERATED ART. 134, UCMJ OFFENSE.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 11, 2018
Petitions for Grant of Review Denied
No. 18-0280/NA. U.S. v. Paul E. Cooper.
CCA
201500039.
No. 18-0311/AF. U.S. v. Leon A. Brown IV.
CCA 38864.
No. 18-0345/AR. U.S. v. Joel T. Elhardt. CCA 20170182.
No. 18-0348/AF. U.S. v. Luan F. Jungklaus Dadona. CCA 39202.
No. 18-0360/AR. U.S. v. Preston J. Gachelin. CCA 20170327.
No. 18-0363/AR. U.S. v. Brett A. Tatom. CCA 20170532.
Petitions for Grant of Review -
Summary Dispositions
No. 18-0351/AR. U.S.
v. Aaron D. Jesko. CCA 20160439. On consideration of
the petition for grant of review of the decision of the United States Army
Court of Criminal Appeals, it is noted that the Court of Criminal Appeals
affirmed five findings of guilty, set aside two findings of guilty, and did not
rule on the sentence, and directed a post-trial 39(a) session which may lead to
a rehearing. 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 petition for grant of review is dismissed without prejudice to
Appellant's right to raise the matters asserted during the normal course of
appellate review.
Orders Granting Petition for Review
No. 18-0339/AF. U.S. v. Scott A. Meakin.
CCA 38968. 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 APPELLANT'S CONVICTION FOR ENGAGING IN ANONYMOUS,
PRIVATE, AND CONSENSUAL COMMUNICATIONS WITH AN UNKNOWN PARTNER(S) IN THE
PRIVACY OF HIS HOME WAS LEGALLY SUFFICIENT.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 17-0285/AR. U.S. v. Gene N. Williams. CCA 20130582. On
consideration of the pro se motion for en banc reconsideration filed August 21,
2018, the pro se petition for grant of review raising the issue of
ineffectiveness of counsel filed August 30, 2018, and the subsequent pro se
motion for en banc reconsideration filed September 18, 2018, it is ordered that
the pro se motion for en banc reconsideration filed August 21, 2018, is denied,
that the pro se petition for grant of review raising the issue of
ineffectiveness of counsel filed August 30, 2018, is denied, and the subsequent
pro se motion for en banc reconsideration filed September 18, 2018, is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 10, 2018
Interlocutory Orders
No. 18-0375/AR. U.S. v. Pedro I. Cardenas. CCA 20170597. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 23, 2018.
No. 19-0007/AR. U.S. v. Omar A. Hernandez. CCA 20160217. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 29, 2018.
Petitions for Reconsideration Denied
No. 17-0162/NA. U.S. v. Keith E. Barry.
CCA
201500064. On consideration of Appellee's
petition for reconsideration of the Court's decision, United States v. Barry, 78 M.J. 70 (C.A.A.F. 2018), the motion from A.V.
as amicus curiae filed in support
thereof, and on consideration of Rule 43A, Rules of Practice and Procedure, it
is ordered that the motion of A.V. to file an amicus
curiae memorandum is granted, that the petition for reconsideration is denied,
and the mandate in the above-captioned case be issued forthwith.
Mandates Issued
No. 17-0162/NA. U.S.
v. Keith E. Barry. CCA 201500064
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 9, 2018
Petitions for Grant of Review Filed
No. 19-0007/AR. U.S. v. Omar A. Hernandez. CCA 20160217.
No. 19-0008/AR. U.S. v. Louis R. Quill. CCA 20160454.
No. 19-0009/AR. U.S. v. Calvin L. Barnes, Jr. CCA 20170223.
Petitions for Grant of Review Denied
No. 18-0354/AR. U.S. v. Ramon Ewing. CCA 20170376.
No. 18-0357/AR. U.S. v. Jose A. Cruz. CCA 20170484.
Interlocutory Orders
No. 18-0288/AF. U.S. v. Jeremiah L. King.
CCA 39055.
Appellant's motion to withdraw prior motion to submit supplemental joint
appendix is granted.
No. 18-0365/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077. Appellant's motion to extend time to file a
brief granted to November 1, 2018.
No. 18-0369/AR. U.S. v. Terry J. Leyba. CCA 20160159. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 24, 2018.
No. 18-0376/AR. U.S. v. Christopher D. Wood. CCA 20160465. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 23, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 5, 2018
Petitions for Grant of Review Filed
No. 19-0005/AR. U.S. v. Clarence P. Williams. CCA 20160623.
No. 19-0006/AF. U.S. v. Landon M. Parris.
CCA 32463.
Petitions for Grant of Review Denied
No. 18-0330/MC. U.S. v. Michael M. Farrell. CCA 201700011.
No. 18-0332/AR. U.S. v. Gregory S. Pieper. CCA 20170093.
No. 18-0355/AR. U.S. v. Dakota M. Anaya. CCA 20170203.
No. 18-0356/AR. U.S. v. Bryan I. Castillo. CCA 20170121.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 4, 2018
Petitions for Grant of Review Filed
No. 19-0004/AR. U.S. v. Blake C. Williams. CCA 20170680.
Petitions for Grant of Review Denied
No. 18-0316/AR. U.S. v. Mario I. Lopez. CCA 20140973.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 3, 2018
Petitions for Grant of Review Filed
No. 19-0003/AF. U.S. v. Christian A. Von
Ins. CCA 39411.
Petitions for Grant of Review Denied
No. 18-0319/AF. U.S. v. Bryant H. Preston.
CCA 38996.
Interlocutory Orders
No. 18-0349/AF. U.S. v. Thomas G. Arnold.
CCA 39194.
Appellant's third motion to extend time to file the supplement to the petition
for grant of review granted to October 9, 2018.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 2, 2018
Petitions for Grant of Review Filed
No. 19-0001/AR. U.S. v. Jose J. Olivieritorres. CCA 20170444.
No. 19-0002/AR. U.S. v. Marvin K. Cooper. CCA 20170520.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
October 1, 2018
Petitions for Grant of Review Denied
No. 18-0323/AF. U.S. v. Marc A. Sims.
CCA 39209.
No. 18-0338/AR. U.S. v. Charles A. Hager. CCA 20170015.
No. 18-0343/AR. U.S. v. Lloyd L. Lee. CCA 20170016.
Interlocutory Orders
No. 18-0273/AR. U.S. v. Norman R. Stout. CCA 20120592. Appellee's motion to extend time to file a brief granted to
October 25, 2018.
No. 18-0378/NA. U.S. v. Sherman O.
Rollins. CCA 201700039. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 22, 2018.
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