UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 14-119
Monday, March 10, 2014
PETITIONS FOR GRANT OF REVIEW DENIED
No. 14-0313/AR. U.S. v. Christopher R. DARBYSHIRE. CCA 20110026.
No. 14-0377/AR. U.S. v. Danewood L. KIRKPATRICK. CCA 20100716.
No. 14-0385/AF. U.S. v. Jeffrey S. WEBSTER. CCA S32176.
No. 14-0387/AF. U.S. v. Devin P. KELLEY. CCA 38267.
No. 14-0390/AR. U.S. v. Ronald W. PERRY. CCA 20120815.
No. 14-0391/AR. U.S. v. Ashlee N. BERRY. CCA 20120085.
No. 14-0393/AR. U.S. v. Ryfeal D. CHAMBERS. CCA 20121160.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-133
Monday, March 31,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0231/AF. U.S. v. Andrew J. THOMPSON. CCA S32019.*
No. 14-0482/AR. U.S. v. Ivan A. SANCHEZ. CCA 20130646.
No. 14-0483/AF. U.S. v. Steven J. HOLSEY. CCA 38306.
No. 14-0484/AF. U.S. v. Tae Yoon CHUNG. CCA 38168.
____________________________________
* Third petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-132
Friday, March 28,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0491/AF. U.S. v. Mark J. JORDAN. CCA S31939.
No. 14-0238/AF. U.S. v. Nico
C. SANTOS. CCA 38172.
No. 14-0262/AF. U.S. v. Alan J. SIA. CCA S32071.
No. 14-0369/AR. U.S. v. Cody A. CASTRO. CCA 20110071.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0478/AR. U.S. v. Michael A. ANTWI. CCA 20110112.
No. 14-0479/AR. U.S. v. Kirk D. VOGT, Jr. CCA 20111036.
No. 14-0480/AF. U.S. v. Elliot K. JORDAN. CCA 38319.
No. 14-0481/AF. U.S. v. Deanthony
D. WILLIAMS. CCA 38394.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-131
Thursday, March 27,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0477/NA. U.S. v. Warren J. WHITE. CCA 201300115.
INTERLOCUTORY
ORDERS
No. 14-0071/AR. U.S. v. Travis D. JONES. CCA 20110679. On
consideration of the motion filed by Professor Eric R. Carpenter, Assistant
Professor of Law, Florida International University College of Law, for leave to
file Amicus brief and to have a law student enter an appearance on behalf of
Amicus and motion by Amicus to submit oral argument, said motions are hereby
granted, and Amicus Curiae will be allotted 10 minutes to present oral
argument.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-130
Wednesday, March 26,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0254/AR. U.S. v. Jack A. MICKLER. CCA 20110120.
No. 14-0312/AF. U.S. v. David T. LAFKO. CCA 38177.
No. 14-0333/AF. U.S. v. Devin R. GERDES. CCA S32091.
No. 14-0416/AR. U.S. v. Daniel B. PARKER. CCA 20130617.
No. 14-0424/AR. U.S. v. Michael T. BROWN,
Sr. CCA 20121106.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0473/AR. U.S. v. Larry R. GUTAI. CCA 20120916.
No. 14-0474/AR. U.S. v. Errol V. SCOTT. CCA 20111082.
No. 14-0475/AR. U.S. v. Anthony A. PALUMBO. CCA 20130381.
No. 14-0476/AR. U.S. v. Kevin J. RYAN. CCA 20120488.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 14-8014/AF. U.S. v. Mark K. ARNESS. CCA 2013-30. Notice
is hereby given that a writ-appeal petition for review of the decision of the United
States Air Force Court of Criminal Appeals on application for extraordinary
relief in the nature of a writ or error coram nobis was filed under Rule 27(b).
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-129
Tuesday, March 25,
2014
APPEALS -
SUMMARY DISPOSITIONS
No. 14-0334/AF. U.S. v. Aaron J. JENNINGS. CCA 38230. 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, and that the
decision of the United States Air Force Court of Criminal Appeals is affirmed.*
[See also ORDERS GRANTING PETITION FOR REVIEW this date.]
* It is noted that the military judge neglected to seal
Appellate Exhibits IX, X, and XI, pertaining to the admissibility of matters
under MRE 412.
Accordingly, the Clerk is directed to seal Appellate Exhibits IX, X, and
XI.
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0334/AF. U.S. v. Aaron J. JENNINGS. CCA 38230. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0397/AF. U.S. v. Jerome A. Jones,
Jr. CCA 37528.
No. 14-0336/AR. U.S. v. Dylan P. STAHL. CCA 20120664.
No. 14-0365/AR. U.S. v. Isaac J. LONG. CCA 20111087.
No. 14-0418/AR. U.S. v. Maurice A. FREEMAN. CCA 20120531.
No. 14-6004/NA. U.S. v. Lamont E. HOYES. CCA 201300303.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0470/AR. U.S. v. Bryan J. FIELD. CCA 20130375.
No. 14-0471/AR. U.S. v. Jamaal LEWIS. CCA 20111166.
No. 14-0472/AR. U.S. v. Daniel MCKELLER. CCA 20120370.
INTERLOCUTORY
ORDERS
No. 14-0071/AR. U.S. v. Travis D. JONES. CCA 20110679. Appellee's motion for leave to file a supplemental joint
appendix granted.
No. 14-0209/AR. U.S. v. Roy L. STIFF, Jr. CCA 20110534. Appellant's
motion to file the petition for reconsideration out of time denied.
No. 14-6006/MC. U.S. v. Giovanni MAZA. CCA 201300297.
Appellee's
motion to extend time to file a supplement to the petition for grant of review
granted to April 10, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-128
Monday, March 24,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0468/AR. U.S. v. Seth D. LEMASTERS. CCA 20111143.
No. 14-0469/AR. U.S. v. Matthew R. GIROUX. CCA 20120414.
PETITIONS
FOR RECONSIDERATION DENIED
No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08. On
consideration of Appellee's petition for
reconsideration of the Court's opinion, 73 M.J. 93 (C.A.A.F. 2014), it is ordered that said petition for reconsideration
is denied.
MANDATES
ISSUED
No. 07-0725/MC. U.S. v. Jonathan E. LEE. CCA 200600543.
Nos. 13-0353/AF &
13-5007/AF. U.S. v. Laurence H. FINCH. CCA 38081.
No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-127
Friday, March 21,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0291/NA. U.S. v. Jacob A. BROWN. CCA 201300186.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0465/AR. U.S. v. Ronald L. GREEN. CCA 20110286.
No. 14-0466/AR. U.S. v. Jeffery L. LECLAIR. CCA 20120082.
No. 14-0467/MC. U.S. v. Tony L. PIATTI. CCA 201300316.
No. 14-6006/MC. U.S. v. Giovanni MAZA. CCA 201300297.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 14-126
Thursday, March 20,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No.
14-0244/AR. U.S. v. Christopher K.
CAUDILL. CCA 20111149.
No.
14-0257/NA. U.S. v. Rory J. MITCHELL. CCA 201200455.
No.
14-0294/MC. U.S. v. Cody COLLIER. CCA 201300237.
No.
14-0337/AR. U.S. v. William C. FOSTER. CCA 20120601.
No.
14-0347/AF. U.S. v. Demario
RILEY. CCA S32097.
No.
14-0357/AF. U.S. v. Jeremy S. MCMANUS. CCA S32126.
No.
14-0397/AR. U.S. v. Joshua A. PHENIX. CCA 20111108.
PETITIONS
FOR GRANT OF REVIEW FILED
No.
14-0464/AR. U.S. v. Jose A. PADILLA. CCA 20130125.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-125
Wednesday, March 19,
2014
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0462/AR. U.S. v. Glenn T. HILL. CCA 20120652.
No. 14-0463/AR. U.S. v. Bryan S. CERRITOS. CCA 20120192.
INTERLOCUTORY
ORDERS
No. 14-0048/AR. U.S. v. Jason C. WAGNER. CCA 20111064. Appellee's motion to file a 10-day answer letter out of
time denied.
No. 14-0214/AF. U.S. v. Danny W. NEWTON. CCA 37882. Appellant's
motion to supplement the record denied.
No. 14-0430/AR. U.S. v. Jason A. BLANCHETTE. CCA 20120291.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted, but only up to and including April 2,
2014, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0434/NA. U.S. v. Johnny R. RICHARDS. CCA 201300332. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, but only up to and including April 8,
2014, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0456/MC. U.S. v. Alex J. DURAN. CCA 201200440. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 3, 2014.
No. 14-0458/AF. U.S. v. Nicholas S.
LAFOLLETTE. CCA 38174. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to April 7, 2014.
No. 14-0461/AR. U.S. v. Stephen M. CHAPMAN. CCA 20120740. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to April 7, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-124
Tuesday, March 18,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0349/AF. U.S. v. Stephen S. MADIGAN. CCA 38339.
No. 14-0403/AR. U.S. v. Jejuan
K. WILLIAMS, Jr. CCA 20130238.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0457/AR. U.S. v. Eric R. CASTILLO. CCA 20110935.
No. 14-0458/AF. U.S. v. Nicholas S.
LAFOLLETTE. CCA 38174.
No. 14-0459/AF. U.S. v. Kevin A. KENNEDY. CCA 38358.
No. 14-0460/AF. U.S. v. Joshua D. NEWSOM. CCA 38224.
No. 14-0461/AR. U.S. v. Stephen M. CHAPMAN. CCA 20120740.
DOCKETING
NOTICE
No. 14-6005/AF. U.S. v. Jacob R. MCINTYRE. CCA 2013-24. Notice is hereby given that a certificate for
review of the decision of the United States Air Force Court of Criminal Appeals
on appeal by the United States under Article 62, Uniform Code of Military
Justice, 10 U.S.C. § 862, and a supporting brief were
filed under Rule 22 this date on the following issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY SUPPRESSING APPELLEE'S
WRITTEN AND ORAL STATEMENTS THAT PERTAINED TO HIS VIEWING AND POSSESSING CHILD
PORNOGRAPHY ON THE BASIS OF LACK OF CORROBORATION.
Appellee will file an answer
under Rule 22(b)(1) on or before March 28, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 14-123
Friday, March 14,
2014
PETITIONS FOR GRANT OF REVIEW FILED
No.
12-0617/MC. U.S. v. Hugo I. VALENTIN, Jr.
CCA
201000683.*
No.
14-0454/AR. U.S. v. Juan D. MARTINEZ. CCA 20110728.
No.
14-0455/AR. U.S. v. Michael MERCADO-WISCOVITCH. CCA 20120549.
No.
14-0456/MC. U.S. v. Alex J. DURAN. CCA 201200440.
INTERLOCUTORY ORDERS
No.
14-0420/AR. U.S. v. Kyle C. NEWMAN. CCA 20100481.
Appellant's second
motion to extend time to file the supplement to the petition for grant of
review granted, up to and including
March 28, 2014, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
___________________________________
* Third petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-122
Thursday, March 13,
2014
CERTIFICATES
FOR REVIEW FILED
No. 14-5004/AF. U.S. v. Nicholas T. BURNS. CCA S32084. 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 issue:
WHETHER THE AIR FORCE COURT OF CRIMINAL
APPEALS (AFCCA) ABUSED ITS DISCRETION AND COMMITTED A
MISCARRIAGE OF JUSTICE BY REACHING ITS ERRONEOUS FACTUAL INSUFFICIENCY
CONCLUSION AND BY RELYING UPON FACTS NOT ESTABLISHED IN THE RECORD IN FINDING
APPELLANT'S CONVICTION NOT FACTUALLY SUFFICIENT.
Appellant will file a
brief under Rule 22(b) in support of said certificate on or before April 14,
2014. Appellee
will file an answer no later than 30 days after the filing of Appellant's
brief.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0207/AR. U.S. v. Benjamin T. MOORE. CCA 20120989.
No. 14-0400/AR. U.S. v. Dustin E. WILLIAMS. CCA 20120557.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0453/AR. U.S. v. James S. PIREN. CCA 20110416.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 14-8010/NA. L.C., Midshipman, U.S. Navy, Appellant v.
United States, Appellee, Joshua L. Tate, Midshipman,
U.S. Navy, Real Party in Interest. CCA 201400044. On consideration of Appellant's writ-appeal petition,
Appellant's motion to request an emergency order, the motion of the Maryland
Crime Victims' Resource Center, Inc., to participate as an amicus curiae and
file an amicus curiae brief, the motion of the United States to substitute
itself for the named military judge appellee, the
motion of the National Crime Victim Law Institute to participate as an amicus
curiae and file an amicus curiae brief, the motion of Protect Our Defenders to
participate as an amicus curiae and file an amicus curiae brief, the motion of
the United States to attach the military judge's ruling that is captioned, "In
Camera Review YWCA Counseling Records," and the motion of the United States to
attach, under seal, the military judge's sealing order and summary of mental
health documents dated February 19, 2014, it is ordered that Appellant's motion
to request an emergency order is denied, that the motions of the United States
to substitute itself for the named military judge appellee,
to attach the military judge's ruling that is captioned, "In Camera Review YWCA
Counseling Records," and to attach, under seal, the military judge's sealing
order and summary of mental health documents dated February 19, 2014 are
granted, that the motions of the Maryland Crime Victims' Resource Center, Inc.,
the National Crime Victim Law Institute, and Protect Our Defenders to
participate as amicus curiae and file amicus curiae briefs are granted, and that
upon consideration of all the pleadings filed, said writ-appeal petition is
hereby denied without prejudice to any right Appellant may have to challenge
the military judge's disclosure of a summary of certain psychotherapy records
to the defense.
Misc. No. 14-8012/CG. United States, Appellant v. Christine N.
CUTTER, Captain, U.S. Coast Guard, Military Judge, Appellee,
and William R. Bisel, Aviation Maintenance Technician
Third Class, U.S. Coast Guard, Real Party in Interest. CCA 001-14. On consideration of the writ-appeal petition,
it is ordered that said writ-appeal is hereby denied.
INTERLOCUTORY
ORDERS
No. 13-7001/AR. U.S. v. Hasan
K. AKBAR. CCA 20050514. Appellee's motion to
exclude Appendix B to Appellant's amended final brief on behalf of Appellant is
denied.
MANDATES
ISSUED
No. 13-5010/AR. U.S. v. Shawn M. HINES. CCA 20120024.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-121
Wednesday, March 12,
2014
APPEALS -
SUMMARY DISPOSITIONS
No. 12-0516/AF. U.S. v. Michael S. TUNSTALL. CCA 37592.
On
consideration of the granted issue, __ M.J. __ (C.A.A.F. Daily Journal, March 5, 2014) (order granting
review), and in view of United States v. Winckelmann, 73 M.J. 11 (C.A.A.F. 2013), it is
ordered that the decision of the United States Air Force Court of Criminal
Appeals is hereby affirmed.
No. 14-0044/AF. U.S. v. Morgan A. WINN. CCA 37772. On consideration of the granted issue, __ M.J. __ (C.A.A.F. Daily Journal,
December 23, 2013) (order granting review), and in view of United States v.
Winckelmann, 73 M.J. 11 (C.A.A.F.
2013), it is ordered that the
decision of the United States Air Force Court of Criminal Appeals is hereby
affirmed.
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0222/AF. U.S. v. Adrian TORRES. CCA 37623. Review granted on the following issue:
WHETHER THE MILITARY
JUDGE ERRED BY DENYING THE DEFENSE REQUESTED INSTRUCTION.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0320/AF. U.S. v. Chadrick
L. CAPEL.
CCA
S31819.
No. 12-0414/AR. U.S. v. David G. SPICER,
Jr. CCA 200900608.
No. 13-0016/AR. U.S. v. Daniel GASKINS. CCA 20080132.
No. 13-0390/AR. U.S. v. Dyana
T. THOMAS. CCA 20100182.
No. 13-0487/AF. U.S. v. Marquis W. KNIGHT. CCA 38083.
No. 13-0711/AR. U.S. v. Colt M. SMITH. CCA 20110398.
No. 14-0273/AR. U.S. v. Kristopher R. HAVLOCK. CCA 20130290.
No. 14-0279/AR. U.S. v. Robert T. MARTINEZ. CCA 20120042.
No. 14-0286/AF. U.S. v. Matthew A. HEBERT. CCA 38150.
No. 14-0345/AR. U.S. v. Ronald D. SPAGNUOLO. CCA 20110527.
No. 14-0396/AR. U.S. v. Tyrell D. MACK. CCA 20120247.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0435/AR. U.S. v. Gary D. WARNER. CCA 20120499.*
No. 14-0451/AR. U.S. v. Caleb M. RUNKLE. CCA 20130464.
No. 14-0452/AR. U.S. v. Daniel R. KARNES. CCA 20130076.
INTERLOCUTORY
ORDERS
No. 14-0448/AR. U.S. v. Anthony M. STANCZYK. CCA 20110438. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to March 31, 2014.
________________________________
* Second petition filed in this case.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 14-120
Tuesday,
March 11, 2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No.
14-0184/AF. U.S. v. Joseph S. HEGARTY. CCA S33055.
No.
14-0225/AR. U.S. v. Anthony D. MCGEATHEY. CCA 20110990.
No.
14-0226/NA. U.S. v. Ricky L. BROWN. CCA 201300020.
No.
14-0241/NA. U.S. v. Randy L. STEVENS. CCA 201300116.
No.
14-0389/AR. U.S. v. Robert S. JENKS. CCA 20111122.
PETITIONS
FOR GRANT OF REVIEW FILED
No.
13-0522/AF. U.S. v. David J.A. GUTIERREZ.
CCA
37913.*
No.
14-0448/AR. U.S. v. Anthony M. STANCZYK. CCA 20110438.
No.
14-0449/AR. U.S. v. Larry J. WILLIAMS,
Jr. CCA 20120341.
No.
14-0450/AR. U.S. v. Aljamar
S. WARD. CCA 20120238.
INTERLOCUTORY
ORDERS
No.
14-0411/AF. U.S. v. Joseph W. YANEZ. CCA 38181. On consideration of the motion filed by
Captain Isaac C. Kennen 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 counsel has
assumed representation of said Appellant.
Accordingly, it is orderd that said motion is hereby granted.
____________________________________
* Second petition filed in
this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-119
Monday, March 10,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0313/AR. U.S. v. Christopher R.
DARBYSHIRE. CCA
20110026.
No. 14-0377/AR. U.S. v. Danewood L. KIRKPATRICK. CCA 20100716.
No. 14-0385/AF. U.S. v. Jeffrey S. WEBSTER. CCA S32176.
No. 14-0387/AF. U.S. v. Devin P. KELLEY. CCA 38267.
No. 14-0390/AR. U.S. v. Ronald W. PERRY. CCA 20120815.
No. 14-0391/AR. U.S. v. Ashlee N. BERRY. CCA 20120085.
No. 14-0393/AR. U.S. v. Ryfeal D. CHAMBERS. CCA 20121160.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0446/AR. U.S. v. Ikejoe E. TIMBREZA. CCA 20120722.
No. 14-0447/AR. U.S. v. Stephen C. PANTOJA. CCA 20120030.
PETITIONS
FOR RECONSIDERATION DENIED
No. 14-0049/AR. U.S. v. Robert A. WARREN. CCA 20100914. On
consideration of Appellant's petition for reconsideration of the Court's order
issued on February 3, 2014, it is ordered that said petition is hereby
denied.
INTERLOCUTORY
ORDERS
No. 14-0411/AF. U.S. v. Joseph W. YANEZ. CCA 38181. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted up to and including March 31, 2014.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-118
Friday, March 7, 2014
APPEALS -
SUMMARY DISPOSITIONS
No. 14-0378/AR. U.S. v. George A.
FIEBELKORN. CCA
20130629. 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, and the decision of the United States Army Court of
Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
* It is directed that the promulgating
order be corrected to change the pleas to Specifications 1 and 2 of Charge II
from "Not Guilty" to "Guilty."
ORDERS
GRANTING PETITION FOR REVIEW
No. 14-0378/AR. U.S. v. George A.
FIEBELKORN. CCA 20130629. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0445/AF. U.S. v. Tito E. MATOS, Jr. CCA S32107.
INTERLOCUTORY
ORDERS
No. 13-0536/AR. U.S. v. Jacob D. MOON. CCA 20120112. Appellee's motion
for leave to file a supplemental joint appendix is granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-117
Thursday, March 6,
2014
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 14-0144/AF. U.S. v. Jimmy HUGHES. CCA 37958.
No. 14-0258/AR. U.S. v. Christopher O.
SMITH. CCA 20100706.
No. 14-0362/AR. U.S. v. Dexter Q. JOHNSON. CCA 20120141.
No. 14-0376/AR. U.S. v. Andrew J. STOICK. CCA 20130479.
No. 14-0380/NA. U.S. v. Lee E. PARRETT. CCA 201300197.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0444/AR. U.S. v. Joseph A. ECKELS. CCA 20130131.
PETITIONS
FOR RECONSIDERATION DENIED
No. 14-0134/AR. U.S. v. Brett M. GASKILL. CCA 20110028. On consideration of Appellee's
petition for reconsideration of the Court's order issued on January 27, 2014,
it is ordered that said petition is hereby denied.
INTERLOCUTORY
ORDERS
No. 14-8011/AR. U.S. v. John Edmond HATLEY. CCA 20131070.
On consideration of Appellant's
motion to request an extension of time to reply to the Government's response,
it is ordered that said motion is hereby granted up to
and including March 31, 2014, and no further extension of time will be granted
in this case.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 14-116
Wednesday,
March 5, 2014
ORDERS
GRANTING PETITION FOR REVIEW
No. 12-0516/AF. U.S. v. Michael S. TUNSTALL. CCA 37592. Review granted on the following issue:
WHETHER THE AIR FORCE
COURT OF CRIMINAL APPEALS (AFCCA) VIOLATED UNITED
STATES v. BUBER, 62 M.J. 476 (C.A.A.F.2006), WHEN
IT ONLY LOOKED AT THE CHANGE IN THE MAXIMUM POSSIBLE PUNISHMENT TO DETERMINE WHETHER
THERE WAS A DRAMATIC CHANGE TO THE PENALTY LANDSCAPE, AND UNITED STATES v. MOFFEIT, 63 M.J. 40 (C.A.A.F. 2006), WHEN IT DID NOT USE THE PROPER STANDARD OF
"BEYOND A REASONABLE DOUBT."
No briefs will be
filed under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No.
14-0316/AR. U.S. v. Oscar RAMIREZ, Jr. CCA 20100888.
No.
14-0360/AR. U.S. v. Samir
ZUBAIR.
CCA
20110433.
PETITIONS
FOR GRANT OF REVIEW FILED
No.
14-0441/AR. U.S. v. Michael T. MCMAHON. CCA 20120505.
No.
14-0442/AR. U.S. v. Latoya J. CHOICE. CCA 20130009.
No.
14-0443/AR. U.S. v. John L. ALANIS. CCA 20130006.
INTERLOCUTORY
ORDERS
No.
14-0406/AR. U.S. v. Patrick A. WRIGHT. CCA 20121075. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, up
to and including March 19, 2014, and absent extraordinary circumstances, no further extension of time
will be filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-115
Tuesday, March 4,
2014
HEARINGS
No. 14-0029/AR. U.S. v. Ronald J. DAVIS. CCA 20100815.
No. 14-0119/AF. U.S. v. Charles W. PAUL. CCA S32025.
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