UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 28, 2018
Petitions for Grant of Review Filed
No. 18-0378/NA. U.S. v. Sherman O.
Rollins. CCA 201700039.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 27, 2018
Petitions for Grant of Review Denied
No. 18-0346/AR. U.S. v. Robert W. Baucom. CCA 20160772.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 25, 2018
Petitions for Grant of Review Denied
No. 18-0277/AF. U.S. v. Jared M. Bard.
CCA 38766.
No. 18-0281/AR. U.S. v. Henry M. Niehaus. CCA 20170115.
Petitions for Grant of Review -
Summary Dispositions
No. 18-0314/AR. U.S.
v. James E. Hopkins. CCA 20140913. 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 four findings of guilty, set aside four findings 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 said petition
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. 18-0308/AR. U.S.
v. Cedric L. McDonald. CCA 20160339. 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 ERRED IN INSTRUCTING THE PANEL
THAT A NEGLIGENT MENS REA WAS SUFFICIENT TO MAKE
OTHERWISE LAWFUL CONDUCT CRIMINAL.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 24, 2018
Miscellaneous Docket - Summary
Dispositions
No. 18-0340/MC. Edwin A. Ehlers II v. U.S. On consideration of
the petition for extraordinary relief in the nature of a writ of coram nobus under the All Writs
Act, 28 U.S.C. § 1651, which this Court construes as
a writ-appeal petition, it is ordered that the writ-appeal petition is denied.
Interlocutory Orders
No. 18-0281/AR. U.S. v. Henry M. Niehaus. CCA 20170115. On
consideration of Appellant's motion to supplement the record, it is ordered
that the motion is hereby granted as it pertains to Defense Appellate Exhibits
D, E, and F, and denied as to the remaining exhibits.
No. 18-0310/MC. U.S. v. Edwin A. Ehlers. CCA 2000800190. Appellant's
second motion to extend time to file a petition for grant of review is denied
as moot.
No. 18-0311/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.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 21, 2018
Petitions for Grant of Review Denied
No. 18-0318/AF. U.S. v. Zachariah S. Noga. CCA 39199.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 20, 2018
Petitions for Grant of Review Filed
No. 18-0377/MC. U.S. v. Stephen R. Moore. CCA 201800092.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 19, 2018
Petitions for Grant of Review Filed
No. 18-0376/AR. U.S. v. Christopher D. Wood. CCA 20160465.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 18, 2018
Petitions for Grant of Review Filed
No. 18-0373/AR. U.S. v. Leslie L. Davidson. CCA 20170123.
No. 18-0374/AR. U.S. v. Joseph A. Roman. CCA 20170240.
No. 18-0375/AR. U.S. v. Pedro I. Cardenas. CCA 20170597.
Petitions for Grant of Review Denied
No. 18-0337/NA. U.S. v. Tyson M. Brown.
CCA
201700069.
Interlocutory Orders
No. 18-0349/AF. U.S. v. Thomas G. Arnold.
CCA 39194.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review granted to October 1, 2018.
No. 18-0353/AR. U.S. v. Calvin R. Gibbs. CCA 20110998. On
consideration of Appellant's second motion to extend time to file the
supplement to the petition for grant of review, it is ordered that the motion
is granted, up to and including October 17, 2018, and that, absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 18-0372/AF. U.S. v. Paul D. Voorhees.
CCA 38836.
Appellant's 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
Monday,
September 17, 2018
Petitions for Grant of Review Filed
No. 18-0372/AF. U.S. v. Paul D. Voorhees.
CCA 38836.
Petitions for Grant of Review Denied
No. 18-0312/AF. U.S. v. Gabriel C.
Villanueva. CCA 39300.
No. 18-0333/AR. U.S. v. Neiric A. Guerrero. CCA
20170169.
No. 18-0334/AR. U.S. v. Dillon A. Seymour. CCA
20170296.
No. 18-0335/AR. U.S. v. Joshua D. Smith. CCA
20160307.
In the Matter of the
Rules Advisory Committee
Pursuant
to Rule 45 of the Rules of Practice and Procedure, United States Court of
Appeals for the Armed Forces, the following persons are, this 17th day of
September, 2018, hereby appointed as members of the Rules Advisory Committee,
effective October 1, 2018:
Mr. Dwight H. Sullivan, Esq., Mr. Thomas E.
Booth, Esq. and Mr. Malcolm Squires, Esq. are hereby reappointed as members for
a term expiring on September 30, 2021. Ms.
Carol K. Joyce, Esq., is hereby appointed to complete the term expiring on
September 30, 2019, currently held by James E. McPherson, Esq.
The following members, whose terms expire on
the dates indicated below, remain on the Rules Advisory Committee:
To expire on September 30, 2019:
Professor Steven H. Goldblatt, Chair
Michelle Lindo McCluer, Esq.
To expire on September 30, 2020:
William A. DeCicco, Esq.
Rebecca S. Snyder, Esq.
Matthew G. Kaiser, Esq.
Mr. Joseph R. Perlak, Clerk of the Court, is
an ex officio member of the
Committee, and serves as its Reporter.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 14, 2018
Petitions for Grant of Review Filed
No. 18-0371/AR. U.S. v. Juventino
Tovarchavez. CCA 20150250.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 13, 2018
Petitions for Grant of Review Filed
No. 18-0367/AR. U.S. v. Christopher M. Stanley. CCA 20170551.
No. 18-0368/AR. U.S. v. Vitor
M. Dacosta. CCA 20170636.
No. 18-0369/AR. U.S. v. Terry J. Leyba. CCA 20160159.
No. 18-0370/NA. U.S. v. Joseph P. Saugen. CCA 201700046.
Hearings
No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 12, 2018
Interlocutory Orders
No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150. Appellant's
second motion to extend time to file a brief granted to September 24, 2018.
No. 18-0304/NA. U.S. v. Lamar A. Forbes.
CCA
201600357. Appellant's motion to extend time to file a brief granted to
September 26, 2018.
No. 18-0347/AR. U.S. v. Michael J. Gonzales. CCA 20130849. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to October 1, 2018.
No. 18-0359/AR. U.S. v. Michael L. Haynes, Jr. CCA 20160817. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted.
No. 18-0361/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077. Appellant's motion to extend time to file
the supplement to the petition for grant of review granted to October 2, 2018.
No. 18-0364/AR. U.S. v. Michael E. Harris. CCA 20170100. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 1, 2018.
Hearings
No. 18-0209/AR. U.S. v. Jeffrey G. Eugene. CCA 20160438.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 11, 2018
Petitions for Grant of Review Filed
No. 18-0366/AR. U.S. v. David E. Black. CCA 20170140.
Petitions for Grant of Review Denied
No. 18-0295/NA. U.S. v. Ericson J. Geronimohernandez. CCA 201600383.
No. 18-0322/AR. U.S. v. Jefferson B. Taylor. CCA 20170637.
No. 18-0326/AR. U.S. v. Jonathan E. Nava, Jr. CCA 20160123.
No. 18-0327/AR. U.S. v. Tyler A. Mattice. CCA 20170287.
No. 18-0329/AF. U.S. v. Steven Jimenez.
CCA 39200.
No. 18-0331/AR. U.S. v. Brandon R. Holcomb. CCA 20170583.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 10, 2018
Petitions for Grant of Review Filed
No. 18-0360/AR. U.S. v. Preston J. Gachelin. CCA 20170327.
No. 18-0361/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077.
No. 18-0362/AR. U.S. v. Nicholas L. Frost. CCA 20160171.
No. 18-0363/AR. U.S. v. Brett A. Tatom. CCA 20170532.
No. 18-0364/AR. U.S. v. Michael E. Harris. CCA 20170100.
Certificates for Review Filed
No. 18-0365/MC. U.S.
v. Calvin E. Perkins, Jr. CCA 201700077. Notice is hereby
given that a certificate for review of the decision of the United States
Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this
date on the following issues:
I.
WHETHER
THIS COURT'S HOLDING IN UNITED STATES v. CARTER AS APPLIED BY THE
NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS IN THIS CASE, INSTEAD OF THE PLAIN
READING OF MRE 311(c) THIS COURT APPLIED IN UNITED
STATES v. HOFFMANN, CONTROLS IN ANALYZING THE APPLICABILITY OF THE GOOD
FAITH EXCEPTION TO THE EXCLUSIONARY RULE.
II. WHETHER THE MILITARY JUDGE ERRED IN DENYING A DEFENSE MOTION
TO SUPPRESS EVIDENCE OBTAINED FROM A SEARCH OF APPELLANT'S HOME.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 7, 2018
Petitions for Grant of Review Filed
No. 18-0359/AR. U.S. v. Michael L. Haynes, Jr. CCA 20160817.
Interlocutory Orders
No. 18-0350/CG. U.S. v. Michael R. Rodriguez.
CCA 1450.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review granted to October 3, 2018.
No. 18-0358/AF. U.S. v. Joshua I.
Benfield. CCA 39267. Appellant's motion to extend time to file the supplement
to the petition for grant of review granted to September 27, 2018
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 6, 2018
Petition for Grant of Review Filed
No. 18-0358/AF. U.S. v. Joshua I.
Benfield. CCA 39267.
Petitions for Grant of Review Denied
No. 18-0315/AR. U.S. v. Isaac R. Rangel. CCA 20170482.
No. 18-0324/AR. U.S. v. Robert B. Seifert. CCA 20170193.
Interlocutory Order
No. 18-0295/NA. U.S. v. Ericson J. Geronimohernandez. CCA 201600383. Appellee's motion to file a 10-day letter out of time is
granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 5, 2018
Petitions for Grant of Review Filed
No. 18-0357/AR. U.S. v. Jose A. Cruz. CCA 20170484.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 4, 2018
Petitions for Grant of Review Filed
No. 18-0354/AR. U.S. v. Ramon Ewing. CCA 20170376.
No. 18-0355/AR. U.S. v. Dakota M. Anaya. CCA 20170203.
No. 18-0356/AR. U.S. v. Bryan I. Castillo. CCA 20170121.
Petitions for Grant of Review Denied
No. 18-0287/NA. U.S. v. Jacri Wright. CCA 201700354.
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