UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 31, 2020
Miscellaneous Docket - Summary
Disposition
No. 20-0352/AF. John R. Demos, Appellant
v. United States, Appellee. CCA 2020-03. On consideration of the writ-appeal petition it
is ordered that the writ-appeal petition is dismissed for lack of jurisdiction,
and that further filings submitted to this Court will be returned without any
action by this Court.
Interlocutory Orders
No.
20-0358/AR. U.S. v. Carlos Muniz, Jr. CCA 20200092. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to September 21, 2020.
No.
20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to September 21, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 28, 2020
Petition for Grant of Review Filed
No.
20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 27, 2020
Petition for Grant of Review Filed
No.
20-0358/AR. U.S. v. Carlos Muniz, Jr. CCA 20200092.
Interlocutory Orders
No.
20-0342/AR. United States, Appellant v. Dashaun K.
Henry, Appellee. CCA 20190688. On consideration of Appellee's third motion to
extend time to file a brief, it is ordered that the motion is granted, up to
and including September 1, 2020 and that absent extraordinary circumstances, no
further extension of time will be granted in this case. Appellant may file a
reply brief no later than 7 days after the filing of Appellee's brief.
No.
20-0347/MC. U.S. v. Matthew P. Hoffmann. CCA 201400067. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to September 15, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 25, 2020
Petitions for Grant of Review Denied
No.
20-0177/AR. U.S. v. Eric A. Ramos-Cruz. CCA 20150292.
No.
20-0290/AR. U.S. v. Brandon S. Schlarb. CCA 20190395.
No.
20-0291/AF. U.S. v. Faraz A. Wassan. CCA 39512.
No.
20-0300/AF. U.S. v. Benjamin S. Williams. CCA 39461.
No.
20-0304/AF. U.S. v. Christopher G. Jensen. CCA 39573.
No.
20-0320/AR. U.S. v. Brandon M. Sicklinger. CCA 20190582.
No.
20-0322/AR. U.S. v. Dylan A. Day. CCA 20200176.
No.
20-0323/NA. U.S. v. Vanrowin F. Manlambus. CCA 201900080.
No.
20-0326/AR. U.S. v. Jonathan L. Smith. CCA 20190357.
Order Granting Petition for Review
No. 20-0289/AR. U.S. v. Kevin M. Furth.
CCA 20180191.
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
APPELLANT RECEIVED EFFECTIVE ASSISTANCE OF COUNSEL WHEN HE WAS ERRONEOUSLY ADVISED
THAT HIS PENDING RESIGNATION REQUEST, IF APPROVED, WOULD VACATE HIS GUILTY
PLEA.
Briefs
will be filed under Rule 25.
Interlocutory Order
No.
20-0357/AF. U.S. v. Barret D. Smith. CCA 39596. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
September 14, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 24, 2020
Petition for Grant of Review Filed
No.
20-0357/AF. U.S. v. Barret D. Smith. CCA 39596.
Interlocutory Orders
No.
20-0176/NA. U.S. v. Darrius D. Upshaw. CCA 201600053. Appellant's motion to
extend time to file a reply brief is granted to September 8, 2020.
No.
20-0221/MC. U.S. v. Thomas E. Mader III. CCA 201800276. Appellant's motion to
extend time to file a brief and joint appendix is granted to September 14,
2020.
No.
20-0336/AF. U.S. v. Brandon L. Snyder. CCA 39470. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to August 28, 2020.
No.
20-0342/AR. United States, Appellant v. Dashaun K. Henry, Appellee. CCA
20190688. Appellant's motion to extend time to file a reply brief is granted to
September 8, 2020.
No.
20-0349/AR. U.S. v. Jose E. Sotomayor-Acevedo. CCA 20180618. Appellant's motion
to file a corrected supplement to the petition for grant of review is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 21, 2020
Petition
for Grant of Review Filed
No. 20-0356/AR. U.S. v. Jimmy Li. CCA 20190456.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 20, 2020
Interlocutory Orders
No.
20-0217/NA. United States, Appellee/Cross- Appellant v. Stephen A. Begani, Appellant/Cross
-Appellee. CCA 201800082. Appellant/Cross-Appellee's second motion to extend
time to file a brief and joint appendix is granted to August 31, 2020.
No.
20-0342/AR. United States, Appellant. v. Deshaun K. Henry, Appellee. CCA
20190688. Appellee's second motion to extend time to file a brief is granted to
August 27, 2020.
Petition for Reconsideration Denied
No.
20-0180/AR. U.S. v. David Brown. CCA 20160139. Appellant's petition for
reconsideration of this Court's order issued July 28, 2020 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
August 19, 2020
Interlocutory Orders
No.
20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268. Appellant's motion to
extend time to file a brief and joint appendix is granted to September 16,
2020.
No.
20-0342/AR. United States, Appellant v. Dashaun K. Henry, Appellee. CCA
20190688. Appellant's motion to stay the trial proceedings is granted, and the
trial proceedings are stayed pending further order of the Court.
No.
20-0355/AF. U.S. v. Dillon J. Haggart. CCA 39601. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
September 8, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 18, 2020
Petition for Grant of Review Filed
No.
20-0355/AF. U.S. v. Dillon J. Haggart. CCA 39601.
Petitions for Grant of Review Denied
No.
20-0227/AF. U.S. v. Charles D. Buford, Jr. CCA 39538.
No.
20-0277/MC. U.S. v. Jose E. Araujo, Jr. CCA 201900102.
No.
20-0279/AR. U.S. v. Scott Ha. CCA 20180347.
No.
20-0307/AR. U.S. v. Jacob D. Adames. CCA 20190148.
No.
20-0308/AR. U.S. v. Bryan E. Schneider. CCA 20190725.
No.
20-0310/AR. U.S. v. Joshua Martinez. CCA 20190458.
No.
20-0311/AF. U.S. v. Christopher D. Macaluso. CCA S32556.
No.
20-0312/AR. U.S. v. Jorge S. Mendoza. CCA 20180524.
No.
20-0313/AR. U.S. v. Houbenove Pierre-Louis. CCA 20190393.
No.
20-0314/AR. U.S. v. Jackson L. Worrells. CCA 20190617.
No.
20-0318/AR. U.S. v. Alexandre Z. Davis. CCA 20190247.
Interlocutory Order
No.
20-0334/AR. U.S. v. Joshua E. Terry. CCA 20180355. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to September 4, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 17, 2020
Petition for Grant of Review Filed
No.
20-0354/AR. U.S. v. William I. Kidoeli. CCA 20190351.
Order Granting Petition for Review
No. 20-0294/AF. U.S. v. Ryan M. Vanvalkenburgh.
CCA 39571.
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 issues:
I.
WHETHER RULE FOR COURTS-MARTIAL (R.C.M.)
912(f)(4) VIOLATES A SERVICEMEMBER'S CONSTITUTIONAL RIGHT TO A FAIR TRIAL.
II.
WHETHER APPELLANT WAIVED, FORFEITED, OR PRESERVED A CHALLENGE TO THE
CONSTITUTIONALITY OF R.C.M. 912(f)(4).
Briefs
will be filed under Rule 25.
Interlocutory Order
No.
20-0292/AR. U.S. v. David A. Cole. CCA 20180536. Appellant's third motion to
extend time to file the supplement to the petition for grant of review is
granted to September 4, 2020, and absent extraordinary circumstances, no further
extension of time will be granted in this case.
Mandate Issued
No.
19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 14, 2020
Petition for Grant of Review Filed
No.
20-0353/AR. U.S. v. John S. Bancroft, Jr. CCA 20190070.
Miscellaneous Docket - Filing
No.
20-0352/AF. John R. Demos, Appellant v. United States, Appellee. CCA 2020-03.
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 writ of habeas corpus was filed under
Rule 27(b) on this date.
Interlocutory Order
No.
20-0351/AR. U.S. v. Michael T. Bradley. CCA 20190439. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to September 3, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 13, 2020
Petitions for Grant of Review Filed
No.
20-0350/AF. U.S. v. David R. Allen. CCA 39001.
No.
20-0351/AR. U.S. v. Michael T. Bradley. CCA 20190439.
Interlocutory Order
No.
20-0221/MC. U.S. v. Thomas E. Mader III. CCA
201800276. On consideration of the motion filed by LCDR Kevin R. Larson 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.
Mandate Issued
No.
19-0437/MC. U.S. v. Roberto Armendariz. CCA 201700338.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
August 12, 2020
Petitions for Grant of Review Filed
No.
20-0348/AR. U.S. v. Claudia Davis. CCA 20200047.
No.
20-0349/AR. U.S. v. Jose E. Sotomayor-Acevedo. CCA 20180618.
Interlocutory Orders
No.
20-0339/AR. U.S. v. Michael R. Motteler, Jr. CCA 20180512. On consideration of
the motion filed by Captain Zachary A. Gray 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.
No.
20-0342/AR. U.S. v. Dashaun K. Henry. CCA 20190688. Appellee's motion to extend
time to file a brief is granted to August 20, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 11, 2020
Petitions for Grant of Review Denied
No.
20-0274/NA. U.S. v. Eduardo A. Herrera. CCA 201800062.
No.
20-0282/AR. U.S. v. Carnell J. Lawson. CCA 20180668.
No.
20-0296/AF. U.S. v. Edward L. O'Bryan, III. CCA 39602.
No.
20-0297/AR. U.S. v. Kevin L. Penland. CCA 20190119.
No.
20-0298/AR. U.S. v. Amauri R. Davis. CCA 20190770.
No.
20-0299/AR. U.S. v. James T. Richardson. CCA 20190526.
No.
20-0302/AR. U.S. v. Ryan J. Diaz. CCA 20180556.
No.
20-0303/AR. U.S. v. Andrew F. Langston-March. CCA 20190692.
Interlocutory Order
No.
20-0195/AR. U.S. v. Jeremy N. Navarette. CCA 20160786. On consideration of the
motion filed by Captain Zachary A. Gray 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
Monday,
August 10, 2020
Interlocutory Orders
No.
19-0384/AR. U.S. v. Michael J. Guinn. CCA 20170500. Appellant's motion for
leave to attach government's motion to dismiss civil proceedings is granted.
No.
19-0384/AR. U.S. v. Michael J. Guinn. CCA 20170500. On consideration of the
motion filed by Captain Zachary A. Gray 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.
No.
20-0033/AR. U.S. v. Thomas Ayala. CCA 20170336. Appellant's motion to extend
time to file a reply brief is granted to August 17, 2020.
No.
20-0347/MC. U.S. v. Matthew P. Hoffmann. CCA 201400067. Appellant's motion to
file the supplement to the petition for grant of review is granted to August
31, 2020.
Mandate Issued
No.
20-0071/AF. U.S. v. Jason M. Blackburn. CCA 39397.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
August 7, 2020
Petitions for Grant of Review Filed
No.
20-0344/AF. U.S. v. Kahlil J. Jones. CCA 39543.
No.
20-0345/AR. U.S. v. Jacob L. Brubaker-Escobar. CCA 20190618.
No.
20-0346/AR. U.S. v. John-Andy S. Garza, Jr. CCA 20190643.
No.
20-0347/MC. U.S. v. Matthew P. Hoffmann. CCA 201400067.
Order Granting Petition for Review
No. 20-0231/NA. U.S. v. Jerry R. White.
CCA 201900221.
On consideration of Appellant's petition for grant of review of the decision of
the United States Navy-Marine Corps Court of Criminal Appeals on appeal by the
United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. §
862 (2012), it is ordered that said petition is granted on the following issue:
DID
THE LOWER COURT ERR IN DETERMINING THE GOOD FAITH EXCEPTION APPLIED WHEN THE
MILITARY JUDGE FOUND SO LITTLE INDICIA OF PROBABLE CAUSE EXISTED THAT NO
REASONABLY WELL-TRAINED OFFICER WOULD RELY ON THE SEARCH AUTHORIZATION?
Pursuant
to C.A.A.F. R. 19(a)(7)(A), no further pleadings will
be filed.
Interlocutory Orders
No.
19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. The motion filed by
Lieutenant Colonel Christopher D. Carrier to withdraw as appellate defense
counsel is granted.
No.
20-0344/AF. U.S. v. Kahlil J. Jones. CCA 39543. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
August 27, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
August 6, 2020
Petition for Grant of Review Filed
No.
20-0343/AR. U.S. v. Nathaniel S. Montgomery. CCA 20200087.
Petition for Reconsideration Denied
No.
19-0437/MC. United States, Appellant v. Roberto Armendariz, Appellee. CCA
201700338. Appellee's petition for reconsideration of this Court's decision, __
M.J. __ (C.A.A.F. 2020), is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
August 4, 2020
Interlocutory Orders
No.
20-0315/AR. U.S. v. Terrace L. Solomon. CCA 20160456. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to August 10, 2020.
No.
20-0336/AF. U.S. v. Brandon L. Snyder. CCA 39470. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
August 24, 2020.
No.
20-0339/AR. U.S. v. Michael R. Motteler, Jr. CCA
20180512. Appellant's motion to extend time to file the supplement to the
petition for grant of review is granted to August 24, 2020.
No.
20-0340/AF. U.S. v. Eric R. Proctor. CCA S32554. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
August 24, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
August 3, 2020
Petitions for Grant of Review Denied
No.
20-0260/AR. U.S. v. Christopher B. Maxwell. CCA 20180542.
No.
20-0275/AR. U.S. v. Ryan D. McDonald. CCA 20180387.
Certificate for Review Filed
No. 20-0342/AR. United States, Appellant
v. Dashaun K. Henry, Appellee. CCA 20190688. Notice is 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.
DID
THE MILITARY JUDGE ABUSE HIS DISCRETION IN EXCLUDING THE FOUR STATEMENTS ON
WHICH THE PROSECUTION SOUGHT INTERLOCUTORY APPELLATE REVIEW, PURSUANT TO
ARTICLE 62, UCMJ.
Notice
In
Re: Court Vacancy. Article 142 of the
Uniform Code of Military Justice, (UCMJ), 10 U.S.C. § 942 (2018), authorizes
the appointment of five judges to serve on the Court. One of the positions is
vacant. Unless the Court issues a notice that a senior judge or an Article III
judge will perform judicial duties, the four judges in active service will
perform the functions of the Court. See Articles 142 and 144, UCMJ, 10 U.S.C.
§§ 942, 944, and C.A.A.F. Rule 6(a).
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