UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 31, 2020

 

Petition for Grant of Review Filed

 

No. 20-0125/AR. U.S. v. Malcolm T. Ervin. CCA 20190409.

 

Petition for Grant of Review Denied

 

No. 20-0048/AR. U. S. v. Jonathan R. Tice. CCA 20190053.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 30, 2020

 

Petition for Grant of Review Filed

 

No. 20-0124/AR. U.S. v. Derrick J. Wiebe. CCA 20190233.

 

Miscellaneous Docket - Filings

 

No. 20-0122/AR. U.S. v. Mathew T. Whitney. CCA 20150119. Notice is given that a petition for extraordinary relief in the nature of a writ of habeas corpus was filed under Rule 27(a) on this date.

 

No. 20-0123/AR. U.S. v. Mathew T. Whitney. CCA 20150119. Notice is given that a petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 29, 2020

 

Petition for Grant of Review Denied

 

No. 20-0087/MC. U.S. v. Alex Sanchez. CCA 201900150.

 

Interlocutory Orders

 

No. 19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. Appellant's motion to substitute corrected pages in the joint appendix is granted.

 

No. 19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582. Appellant's motion for leave to file the Calley Case White House Memorandum is denied.

 

No. 20-0066/AR. U.S. v. Joseph L. Simmons. CCA 20180061. Appellant's fourth motion to extend time to file the supplement to the petition for grant of review is granted, up to an including February 18, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 28, 2020

 

Petitions for Grant of Review Denied

 

No. 20-0080/AR. U.S. v. Randy T. Alexander. CCA 20190336.

No. 20-0081/AR. U.S. v. Terrence D. Neal. CCA 20180565.

 

Interlocutory Order

 

No. 19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. On consideration of Appellee's motion to return or strike Appellant's brief for non-compliance with this Court's rules, it is ordered that the motion is granted in part, regarding Appellant's citation to the Diatherix manual found on pages 10, 11, 12, and 51 of his brief, that the motion is denied in part, regarding Appellant's citation to Thinking, Fast and Slow, and the brief is returned to Appellant to refile a brief that complies with this Order on or before February 5, 2020.

 

Petition for Reconsideration Denied

 

No. 19-0440/AR. U.S. v. Aaron J. Whitman. CCA 20170550. Appellant's petition for reconsideration of this Court's order issued December 20, 2019 is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 27, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0120/AF. U.S. v. Christopher D. Plourde. CCA 39478.

No. 20-0121/NA. U.S. v. Cheveaux Dawkins. CCA 201800057.

 

Petitions for Grant of Review Denied

 

No. 19-0421/NA. U.S. v. William A. Shields III. CCA 201600133.

No. 20-0060/AR. U.S. v. Ricardo M. Blenman. CCA 20180177.

 

Interlocutory Order

 

No. 20-0121/NA. U.S. v. Cheveaux Dawkins. CCA 201800057. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 18, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 24, 2020

 

Petition for Grant of Review Filed

 

No. 20-0118/AR. U.S. v. Raekwon D. Miller. CCA 20190627.

 

Certificate for Review Filed

 

No. 20-0119/AR. U.S. v. Antonio T. Moore. CCA 20180692. Notice is hereby given that a certificate for review of the decision of the United States Army Court of Criminal Appeals and supporting brief were filed under Rule 22 on this date on the following issue:

 

DID THE ARMY COURT ERR WHEN, UPON RECONSIDERATION, IT DETERMINED THAT THE 5-YEAR STATUTE OF LIMITATIONS BARRED THE REHEARING OF THE TWO SEXUAL ASSAULT SPECIFICATIONS?

 

Appellee will file an answer under Rule 22(b) on or before the 3rd day of February, 2020.

 

Interlocutory Orders

 

No. 20-0090/AR. U.S. v. Jesus D. Cardenas. CCA 20180416. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 11, 2020.

 

No. 20-0117/AF. U.S. v. Timothy M. Wilsey. CCA 39525. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 13, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 23, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0116/AF. U.S. v. Luis F. Santos, Jr. CCA 39019.

No. 20-0117/AF. U.S. v. Timothy M. Wilsey. CCA 39525.

 

Petitions for Grant of Review Denied

 

No. 20-0059/AR. U.S. v. Luis A. Rodriguez, Jr. CCA 20180138.

No. 20-0073/AR. U.S. v. Justin A. Lynch. CCA 20180487.

No. 20-0075/AR. U.S. v. Damian M. Taylor. CCA 2018030

No. 20-0079/AR. U.S. v. Johnathan J. Lehr. CCA 20190457.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 22, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0114/AR. U.S. v. Jonathan M. Spivey. CCA 20180613.

No. 20-0115/AF. U.S. v. Emmanuel J. Caldwell. CCA S32561.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 21, 2020

 

Petition for Grant of Review Filed

 

No. 20-0113/AR. U.S. v. Pedro J. Martinez III. CCA 20190038.

 

Petition for Grant of Review - Summary Disposition

 

No. 20-0074/AR. U.S. v. Kyle C. Pressey. CCA 20180394. 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, and the decision of the United States Army Court of Criminal Appeals is affirmed.*

 

* It is directed that the promulgating order be corrected by changing "Article 85" after "Additional Charge III" to "Article 95."

 

Orders Granting Petition for Review

 

No. 20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038. 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 granted on the following issues:

 

I.   WHETHER THE MILITARY JUDGE ERRED IN ADMITTING, OVER DEFENSE OBJECTION, THE ENTIRE VIDEO-RECORDED INTERVIEW OF THE COMPLAINING WITNESS UNDER MRE 801(d)(1)(B)(ii) AS A PRIOR CONSISTENT STATEMENT.

 

II.  WHETHER THE GOVERNMENT TRIAL COUNSEL'S ARGUMENTS AMOUNTED TO PROSECUTORIAL MISCONDUCT THAT WARRANTS RELIEF.

 

Briefs will be filed under Rule 25.

 

No. 20-0019/AF. U.S. v. Jared D. Bavender. CCA 39390. 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 ERRED WHEN HE DENIED THE DEFENSE MOTION TO SUPPRESS EVIDENCE LOCATED ON APPELLANT'S DIGITAL MEDIA.

 

Briefs will be filed under Rule 25.

 

No. 20-0033/AR. U.S. v. Thomas Ayala. CCA 20170336. 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 ABUSED HIS DISCRETION IN ADMITTING THE VICTIM'S PRIOR CONSISTENT STATEMENTS UNDER MIL. R. EVID. 801(d)(1)(B)(i) AND 801(d)(1)(B)(ii).

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318. Appellee's motion to extend time to file a brief is granted to February 10, 2020.

 

No. 20-0099/MC. U.S. v. Juan C. Carrillo. CCA 9900334. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 18, 2020.

 

No. 20-0112/AR. U.S. v. Deques A. Smith. CCA 20180156. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 10, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 17, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0110/AR. U.S. v. Parker E. Liscano. CCA 20190244.

No. 20-0111/MC. U.S. v. Joshua W. Taylor. CCA 201900172.

No. 20-0112/AR. U.S. v. Deques A. Smith. CCA 20180156.

 

Petition for Grant of Review Denied

 

No. 20-0070/AR. U.S. v. Austin L. Harris. CCA 20190060.

 

Interlocutory Orders

 

No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. Appellant's third motion to extend time to file a brief is granted, up to and including February 3, 2020, that the brief will be filed in compliance with the requirements of the Rules of Practice and Procedure, U.S.C.A.A.F., including Rule 13, and that no further enlargement of time will be granted to Appellant in this case.

 

No. 20-0066/AR. U.S. v. Joseph L. Simmons. CCA 20180061. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted, up to an including February 4, 2020, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 20-0083/NA. U.S. v. Michael A. Marquez. CCA 201800198. Appellant's motion to for leave to file the supplement to the petition for grant of review under seal is granted.

 

No. 20-0098/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. 20-0108/AR. U.S. v. Kevin A. Pearson. CCA 20170515. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 6, 2020.

 

No. 20-0109/AR. U. S. v. Ricardo L. Gracia. CCA 20170171. Appellant' motion to extend time to file the supplement to the petition for grant of review is granted to February 6, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 16, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0106/AR. U.S. v. Jabrial L. Hancock. CCA 20190088.

No. 20-0107/AR. U.S. v. Joshua T. Kamis. CCA 20190055.

No. 20-0108/AR. U.S. v. Kevin A. Pearson. CCA 20170515.

No. 20-0109/AR. United States v. Ricardo L. Gracia. CCA 20170171.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 15, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0103/AR. U.S. v. Joshua C. Beckhart. CCA 20190551.

No. 20-0104/AR. U.S. v. Deven L. Vandeneynde. CCA 20190501.

No. 20-0105/AR. U.S. v. James R. Rochelle. CCA 20190159.

 

Petition for Grant of Review Denied

 

No. 20-0064/AR. U.S. v. Anthony A. Andriolo. CCA 20190180.

 

Hearings

 

No. 19-0252/AR. U.S. v. Tyler Washington. CCA 20170329.

No. 19-0259/AR. U.S. v. Robert S. Avery. CCA 20140202.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 14, 2020

 

Petitions for Grant of Review Denied

 

No. 20-0052/AF. U.S. v. Joseph A. Ballard. CCA 39440.

No. 20-0057/AR. U.S. v. Sheldon P. Baxter. CCA 20190412.

No. 20-0063/AF. U.S. v. Bianca R. Acevedopelliccia. CCA 39624.

 

Hearings

 

No. 19-0143/AR. U.S. v. Corey N. Wall. CCA 20160235.

No. 19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 13, 2020

 

Petition for Grant of Review Filed

 

No. 20-0102/AF. U.S. v. Marrea R. Garrett. CCA 39510.

 

Interlocutory Orders

 

No. 19-0335/AR. U.S. v. Rene G. Fuentes. CCA 20170390. On consideration of Appellant's motion to file a petition for reconsideration out of time and the petition for reconsideration, it is ordered that the motion is denied, and the petition for reconsideration is denied as moot.

 

No. 19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023. Appellee's motion to submit documents in compliance with the Court's order issued December 11, 2019 is granted.

 

No. 20-0068/MC. U.S. v. Joshua P. Hill. CCA 201800161. On consideration of the motion filed by Captain Nicholas S. Mote, for leave to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new attorney has assumed the representation of said Appellant. Accordingly, it is ordered that the motion is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 9, 2020

 

Petition for Grant of Review Filed

 

No. 20-0101/AR. U.S. v. Hannah M. Woods. CCA 20190572.

 

Petition for Grant of Review Denied

 

No. 19-0450/MC. U.S. v. Jonathan D. Gurfein. CCA 201700345.

 

Interlocutory Order

 

No. 20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038. On consideration of the motion filed by Captain Nicholas S. Mote, for leave to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new attorney has assumed the representation of said Appellant. Accordingly, it is ordered that the motion is granted.

 

Petition for Reconsideration Denied

 

No. 19-0463/NA. U.S. v. Adam J. Ravenscraft. CCA 201600018. On consideration of Appellant's petition for reconsideration of this Court's order issued December 4, 2019, it is ordered that the petition for reconsideration is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 8, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0099/MC. U.S. v. Juan C. Carrillo. CCA 9900334.

No. 20-0100/AR. U.S. v. Nicolas J. Blevins. CCA 20180239.

 

Petitions for Grant of Review Denied

 

No. 20-0061/AR. U.S. v. Zachary R. Shrader. CCA 20190243.

No. 20-0062/AR. U.S. v. Jeremy L. Kear. CCA 20190346.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 7, 2020

 

Petitions for Grant of Review Denied

 

No. 19-0443/AR. U.S. v. Corry P. Brooks. CCA 20170087.

No. 20-0039/AF. U.S. v. Eric W. Mote. CCA 39462.

 

Interlocutory Orders

 

No. 19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704. Appellant's motion to extend time to file a brief is granted to January 23, 2020.

 

No. 19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246. Appellant's second motion to extend time to file a reply brief is granted to January 17, 2020.

 

No. 20-0058/AF. U.S. v. Damion M. Yates. CCA 39444. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted, up to and including January 17, 2020, and that 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

Monday, January 6, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0092/AR. U.S. v. Jacob M. Miller. CCA 20180101.

No. 20-0093/AR. U.S. v. Robert J. Weinreis. CCA 20180586.

No. 20-0094/AR. U.S. v. Jesus B. Dominguez. CCA 20190145.

No. 20-0095/AF. U.S. v. Jamie L. Kilduff. CCA S32548.

No. 20-0096/AR. U.S. v. Derick L. Stark. CCA 20190378.

No. 20-0097/AR. U.S. v. Michael G. Addesso II. CCA 20190101.

No. 20-0098/AR. U.S. V. Luke D. English. CCA 20160510.

 

Petition for Grant of Review Denied

 

No. 20-0042/AR. U.S. v. Latyra G. Morgan. CCA 20190020.

 

Special Docket Matters

 

No. 11875. In the matter of Michael F. Fasanaro, Jr. It appearing that the above-named attorney is a member of the Bar of this Court and that he has been disbarred in the Commonwealth of Virginia, and considering Rule 15(b), Rules of Practice and Procedure, U.S. Court of Appeals for the Armed Forces, it is ordered that Michael F. Fasanaro, Jr. is disbarred from the practice of law before this Court effective the date of this Order.

 

No. 32943. In the matter of Michael Sprei. It appearing that the above-named attorney is a member of the Bar of this Court and that he has been disbarred in the state of New York since 2013, and considering his posture with regard to the application of Rule 15, Rules of Practice and Procedure, U.S. Court of Appeals for the Armed Forces, it is ordered that Michael Sprei is disbarred from the practice of law before this Court effective the date of this Order.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 3, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0091/AR. U.S. v. Jeremiah W. Rapmund. CCA 20170564.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 2, 2020

 

Petition for Grant of Review Filed

 

No. 20-0090/AR. U.S. v. Jesus D. Cardenas. CCA 20180416.

 

Petitions for Grant of Review Denied

 

No. 19-0448/AR. U.S. v. Samuel E. Solero. CCA 20170546.

No. 20-0031/AR. U.S. v. William T. Barksdale III. CCA 20170090.

No. 20-0050/AR. U.S. v. Trenton M. Lawrence. CCA 20180351.

No. 20-0054/AR. U.S. v. Matthew S. Counter. CCA 20180453.

No. 20-0056/AF. U.S. v. Jason L. Cummings. CCA 39446.



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