UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 31, 2019
Petitions for Grant of Review Denied
No. 19-0043/AR. U.S. v. David J. Register. CCA 20170300.
No. 19-0078/AR. U.S. v. Jeffrey D. Stalcup. CCA 20170650.
No. 19-0121/AR. U.S. v. Brent J. Sittingdog. CCA 20170389.
No. 19-0126/AR. U.S. v. Cristopher
C. Griego. CCA 20170406.
Miscellaneous Docket - Summary
Dispositions
No. 19-0093/AF. James W. Richards IV, Appellant v. Deborah Lee James,
Secretary of the United States Air Force, Brian Greenroad,
Colonel, Commander, Air Force Security Forces Center, and D.L.
Hinton, Colonel, Commandant, United States Disciplinary Barracks, Appellees. CCA 2018-07. On consideration of
the writ-appeal petition, it is ordered that the writ-appeal petition is
dismissed for lack of jurisdiction.
No. 19-0128/MC. Timothy A. Irvin,
Appellant v. Michael D. Libretto, Lieutenant Colonel, U.S. Marine Corps, Robert
B. Neller, General, U.S. Marine Corps, John G. Hannink, Vice Admiral, U.S. Navy, Judge Advocate General,
Daniel D. Lecce, Major General, U.S. Marine Corps, Staff Judge Advocate to the
Commandant of the Marine Corps, Colleen Glaser-Allen, Capt, U.S. Navy, Chief
Judge, Navy-Marine Corps, Trial Judiciary (Code 52), Robert A. Fifer, Colonel,
U.S. Marine Corps, Officer-in-Charge, Legal Services Support Section-East, and
United States, Appellees. CCA 201800319. On consideration of the writ-appeal
petition, Appellee's motion for approval of filter team
procedure, Appellant's motion to attach, and Appellee's
motion to withdraw the motion for approval of filter team procedure, it is
ordered that the Appellee's motion to withdraw the
motion for approval of filter team procedure is granted, that Appellant's
motion to attach is denied, and that the writ-appeal petition is denied
without prejudice to Appellant's right to raise the matters asserted during the
course of trial or appellate review.
Interlocutory Orders
No. 19-0106/AF. U.S. v. Marcus A. Mancini.
CCA 38783.
Appellant's third motion to extend time to file the supplement to the petition
for grant of review granted to February 19, 2019.
No. 19-0155/AR. U.S. v. Daniel I. Avila. CCA 20160200. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 20, 2019.
No. 19-0156/AR. U.S. v. Eric F. Kelly. CCA 20150725. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 11, 2019.
No. 19-0157/AR. U.S. v. Richard M. Camacho. CCA 20140495. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 20, 2019.
No. 19-0158/AR. U.S. v. Malcolm R. Turner. CCA 20160131. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 20, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 30, 2019
Petitions for Grant of Review Filed
No. 19-0159/AR. U.S. v. Shyhiem
M. Townsend.
CCA
20170651.
Petitions for Grant of Review Denied
No. 18-0353/AR. U.S. v. Calvin R. Gibbs. CCA 20110998.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 29, 2019
Petitions for Grant of Review Filed
No. 19-0157/AR. U.S. v. Richard M. Camacho. CCA 20140495.
No. 19-0158/AR. U.S. v. Malcolm R. Turner. CCA 20160131.
Petitions for Grant of Review Denied
No. 19-0101/AR. U.S. v. Joseph A. Caulfield. CCA 20180108.
No. 19-0130/AR. U.S. Eric T. Hansen. CCA 20180028.
No. 19-0131/AR. U.S. v. Judea Divins. CCA 20180069.
Orders Granting Petition for Review
No. 19-0119/AF. U.S. v. Ralph J. Hyppolite,
II. CCA 39358. 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 issue:
WHETHER
THE MILITARY JUDGE'S ERRONEOUS ADMISSION OF EVIDENCE REGARDING SPECIFICATIONS
1, 2, AND 3 AS A COMMON PLAN OR SCHEME FOR SPECIFICATIONS 4 AND 5 WAS HARMLESS.
Briefs
will be filed under C.A.A.F. R. 25.
Mandates Issued
No. 18-0247/AR. U.S. v. Hector Nicola. CCA 20150781.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
January 28, 2019
Petitions for Grant of Review Filed
No. 19-0155/AR. U.S. v. Daniel I. Avila. CCA
20160200.
No. 19-0156/AR. U.S. v. Eric F. Kelly. CCA
20150725.
Interlocutory Orders
No. 18-0317/AR. U.S. v. Bradley E. Manning (nka Chelsea
E. Manning).
CCA 20130739. On consideration of the motion filed by
Amnesty International Ltd., for leave to file an amicus curiae brief in support of Appellant, it is ordered that motion is granted.
No. 18-0317/AR. U.S. v. Bradley E. Manning (nka Chelsea
E. Manning).
CCA 20130739. On consideration of the motion filed by
Electronic Frontier Foundation and National Association of Criminal Defense
Lawyers for Leave to file an amicus
curiae brief in support of Appellant, and the motion of Ms. Jamie Williams
to appear pro hac vice on behalf of Electronic Frontier Foundation and National
Association of Criminal Defense Lawyers, it is ordered that motions are
granted.
No. 19-0064/AR. U.S. v. Trevor Wright. CCA
20170541. Appellant's motion to substitute a corrected copy of the
supplement to the petition for grant of review is granted, and the order issued
January 18, 2019 denying the petition for grant of review is vacated.
No. 19-0080/AR. U.S. v. Jonathan Ortega. CCA
20170503. Appellant's second
motion to extend time to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it
is ordered that the motion is granted to February 19, 2019, and
absent extraordinary circumstances, no further extension of time will be
granted in this case.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 25, 2019
Petitions for Grant of Review Filed
No. 19-0151/AR. U.S. v. Michael T. Richardson. CCA 20170225.
No. 19-0152/AR. U.S. v. Dennis E. Williams, Jr. CCA 20180182.
No. 19-0153/AF. U.S. v. Nicholas V.
Linton. CCA 39229.
No. 19-0154/AR. U.S. v. Matthew T. Brooks. CCA 20180033.
Petitions for Grant of Review Denied
No. 19-0028/AR. U.S. v. Abelardo
Gonzalez.
CCA
20170118.
Interlocutory Orders
No.
18-0347/AR. U.S. v. Michael J. Gonzales. CCA 20130849. Appellant's second motion to extend time to file
a brief granted to February 14, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 24, 2019
Petitions for Grant of Review Filed
No. 19-0150/AR. U.S. v. William A. Collins. CCA 20170032.
Petitions for Grant of Review Denied
No. 19-0081/AR. U.S. v. Leshan
Jones.
CCA
20180225.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 23, 2019
Petitions for Grant of Review Filed
No. 19-0147/AR. U.S. v. Jacob A. Dearing. CCA 20180294.
No. 19-0148/AF. U.S. v. Corey A. Bethel.
CCA 39293.
No. 19-0149/AF. U.S. v. Nikolas L. Gault. CCA 39368.
Petitions for Grant of Review Denied
No. 18-0349/AF. U.S. v. Thomas G. Arnold.
CCA 39194.
Hearings
No. 18-0234/MC. U.S. v. Lawrence G. Hutchins III. CCA 200800393.
No. 18-0339/AF. U.S. v. Scott A. Meakin. CCA 38968.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 22, 2019
Petitions for Grant of Review Denied
No. 19-0100/AR. U.S. v. Michael D. Royal. CCA 20180070.
No. 19-0114/AF. U.S. v. Scott W. Gates.
CCA
S32504.
No. 19-0115/AR. U.S. v. Myles A. Philpott. CCA 20180043.
Interlocutory Orders
No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150. Appellee's motion to file a supplemental joint appendix is
granted.
No. 19-0146/AF. U.S. v. James L. Donoho. CCA 39242. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to February 11, 2019.
Hearings
No. 18-0211/AR. U.S. v. Graham H. Smith. CCA 20160150.
No. 18-0365/MC. U.S. v. Calvin E. Perkins, Jr. CCA 201700077.
Mandates Issued
No. 18-0288/AF. U.S. v. Jeremiah L. King.
CCA 39055.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 18, 2019
Petitions for Grant of Review Filed
No. 19-0145/AF. U.S. v. Michael B. Carter.
CCA 39289.
No. 19-0146/AF. U.S. v. James L. Donoho. CCA 39242.
Petitions for Grant of Review Denied
No. 19-0064/AR. U.S. v. Trevor Wright. CCA 20170541.
No. 19-0083/AR. U.S. v. Christopher X. Jones. CCA 20180181.
No. 19-0097/AR. U.S. v. Isaac W. Kinney. CCA 20170630.
Interlocutory Orders
No. 18-0347/AR. U.S. v. Michael J. Gonzales. CCA 20130849. Appellant's
motion to extend time to file a brief granted to January 25, 2019.
No. 19-0077/AR. U.S. v. Billy J. Smith, Jr. CCA 20160049. Appellant's motion to submit matters
pursuant to United States v. Grostefon, 12 M.J. 431
9C.M.A. 1982) is granted.
No. 19-0118/AR. U.S. v. John T. Long. CCA 20150160. 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
Wednesday,
January 16, 2019
Petitions for Grant of Review Denied
No. 19-0024/AR. U.S. v. Brady B. Simpkins. CCA 20160263.
No. 19-0095/AR. U.S. v. Daniel S. Alcantara. CCA 20170370.
Interlocutory Orders
No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. On
consideration of Appellant's motion for exceptions to Rule 24(b)(1) and
24(f)(3), it is ordered that the motion is granted in part, and Appellant may
submit a brief of up to 250 pages, and the motion is denied in part, as to the
joint appendix exception. Appellant will file the joint appendix
contemporaneously with his brief.
No.
19-0085/CG. U.S. v. Anthony J.
Livingstone. CCA 1448. Appellant's motion for leave to file under seal a
supplemental appendix to the supplement to the petition for grant of review is
granted.
No. 19-0106/AF. U.S. v. Marcus A. Mancini.
CCA 38783.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review granted to February 4, 2019.
No. 19-0141/AR. U.S. v. Edward J. Mitchell II. CCA 20170558. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 5, 2019.
No. 19-0142/AR. U.S. v. Andrewio
B. Fennell.
CCA
20170060. Appellant's motion to extend time to file the supplement to
the petition for grant of review granted to February 5, 2019
No. 19-0143/AR. U.S. v. Corey N. Wall. CCA 20160235. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to February 4, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 15, 2019
Petitions for Grant of Review Filed
No. 19-0142/AR. U.S. v. Andrewio
B. Fennell.
CCA
20170060.
No. 19-0143/AR. U.S. v. Corey N. Wall. CCA 20160235.
No. 19-0144/MC. U.S. v. Nhubu
C. Chikaka. CCA 201400251.
Petitions for Grant of Review Denied
No. 19-0019/AR. U.S. v. Bryton
S. Layfield. CCA 20170633.
No. 19-0056/AR. U.S. v. Juan E. Roblez. CCA 20180042.
No. 19-0082/AR. U.S. v. Edgar J. Montanoparra. CCA 20180002.
No. 19-0102/AR. U.S. v. Zachary T. Buie. CCA 20180249.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
January 11, 2019
Petitions for Grant of Review Filed
No. 19-0140/AR. U.S. v. William P. Moynihan. CCA 20130855.
No. 19-0141/AR. U.S. v. Edward J. Mitchell II. CCA 20170558.
Petitions for Grant of Review Denied
No. 19-0010/AF. U.S. v. Jonathan A. Hull,
Jr. CCA 39214.
No. 19-0069/AR. U.S. v. Christopher A. Pafford. CCA 20170057.
No. 19-0071/AR. U.S. v. Jordan A. Gunther. CCA 20170124.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 10, 2019
Orders Granting Petition for Review
No. 19-0051/AR. U.S.
v. Korey B. Kangich. CCA 20170170. 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 APPLYING A NEGLIGENT MENS REA TO MAKE OTHERWISE LAWFUL CONDUCT CRIMINAL.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No. 19-0050/AR. U.S. v. Luke D. English. CCA 20160510. Appellant's
motion to submit matters pursuant to United
States v. Grostefon, 12 M.J.
431 (C.M.A. 1982) is granted.
No. 19-0109/AR. U.S. v. Joshua D. Lewis. CCA 20180260. Appellee's motion to extend time to file an answer to the
supplement to the petition for grant of review granted to January 28, 2019.
No. 19-0110/AR. U.S. v. Robert T. Palms. CCA 20150830. Appellant's
motion out of time to extend time to file the supplement to the petition for
grant of review granted to January 30, 2019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 9, 2019
Petitions for Grant of Review Denied
No. 19-0041/AF. U.S. v. Jarek P. Paulett. CCA 39268.
No. 19-0049/AR. U.S. v. Albert Rodriguez. CCA 20170345.
No. 19-0055/AF. U.S. v. Christian R.
Flores. CCA 39253.
No. 19-0057/AR. U.S. v. Michael A. Bass. CCA 20170499.
No. 19-0062/AR. U.S. v. Wesley P. Tilton. CCA 20170411.
No. 19-0076/NA. U.S. v. Roderick A.
Chapman, Jr. CCA 201700138.
No. 19-0088/AF. U.S. v. Philip H. Aiken.
CCA 39288.
Petitions for Grant of Review -
Summary Dispositions
No. 19-0091/MC. U.S.
v. Alexander M. Bradshaw. CCA 201800169. 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, and the
decision of the United States Navy-Marine Corps Court of Criminal Appeals is
affirmed.*
* It is directed that the promulgating
order be corrected to reflect that Specifications 2 and 3 of the Charge were
"Attempted Sexual Abuse of a Child" offenses.
Miscellaneous Docket - Summary
Dispositions
No. 19-0117/AR.
Mathew T. Whitney, Petitioner v. United States, Respondent. CCA 20150119. On consideration of
the petition for extraordinary relief in the nature of a writ of habeas corpus,
it is ordered that the petition is dismissed for lack of jurisdiction.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
January 8, 2019
Petitions for Grant of Review Filed
No. 19-0139/AR. U.S. v. Alan S. Guardado. CCA 20140014.
Petitions for Grant of Review -
Summary Dispositions
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, and motion to file documentation, it is ordered
that the motions are granted, and the petition for grant of review is withdrawn.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
January 7, 2019
Petitions for Grant of Review Filed
No. 19-0138/AR. U.S. v. Jeffery J. Pauley. CCA 20170554.
Orders Granting Petition for Review
No. 18-0359/AR. U.S.
v. Michael L. Haynes, Jr. CCA 20160817. 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 AN APPELLANT IS AUTHORIZED TO
REQUEST PIERCE CREDIT FOR THE FIRST TIME AT A COURT OF CRIMINAL APPEALS.
II. IF THE ARMY CCA ERRED IN HOLDING THAT THE FAILURE TO REQUEST PIERCE
CREDIT BELOW CONSTITUTED WAIVER, WAS ITS ACTUAL REVIEW OF THIS ISSUE UNDER ITS
ARTICLE 66(c), UCMJ, AUTHORITY STILL SUFFICIENT?
Briefs
will be filed under C.A.A.F. R. 25.
Interlocutory Orders
No. 18-0308/AR. U.S. v. Cedric L. McDonald. CCA 20160339. Appellant's
motion to extend time to file a reply brief granted to January 17, 2019.
No. 19-0064/AR. U.S. v. Trevor Wright. CCA 20170541. 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,
January 4, 2019
Petitions for Grant of Review Filed
No. 19-0136/AR. U.S. v. David A. Smalls, Jr. CCA 20170429.
No. 19-0137/AR. U.S. v. Patrick F. Reddict. CCA 20170290.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
January 3, 2019
Petitions for Grant of Review Filed
No. 19-0134/AR. U.S. v. Jonathan Acevedojuarbe. CCA 20180007.
No. 19-0135/AF. U.S. v. William R. Jones.
CCA 39292.
Petitions for Grant of Review Denied
No. 18-0369/AR. U.S. v. Terry J. Leyba. CCA 20160159.*
Interlocutory Orders
No.
19-0027/AR. Jamal R. Williams-McCray, Appellant v. Colonel Timothy P. Hayes,
Jr., Military Judge, United States Army, Appellee and
United States, Real Party In Interest. CCA 20180473. On consideration of the writ-appeal petition and
Appellant's motion to stay the proceedings, it is ordered that the motion to
stay proceedings is denied, and the writ-appeal petition is denied.
No. 19-0084/NA. U.S. v. Darin H. Keeter. CCA 201700119. Appellant's motion to file an addendum to the
supplement to the petition for grant of review is granted.
No. 19-0093/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. Appellant's
motion to extend time to file a reply to Appellee's
answer to the writ-appeal petition granted to January 7, 2019.
No. 19-0094/AR. U.S. v. Carl L. Campbell. CCA 20160215. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 17, 2019.
No. 19-0099/AR. U.S. v. Anthony R. Clark II. CCA 20160304. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to January 16, 2019.
No. 19-0103/AR. U.S. v. Terence K. Taylor, Jr. CCA 20160744. Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted to January 18,
2019.
No. 19-0104/AR. U.S. v. Nicholas E. Davis. CCA 20160069. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review granted to January 22, 2019.
No. 19-0132/MC. U.S. v. Peter A. Salas III. CCA 201700190. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to January 23, 2019.
_________________________
* The Clerk of Court is ordered to seal
pages 497-500 of the record of trial.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
January 2, 2019
Petitions for Grant of Review Filed
No. 19-0132/MC. U.S. v. Peter A. Salas III. CCA 201700190.
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