UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 29, 2020

 

Petition for Grant of Review Filed

 

No. 20-0287/AR. U.S. v. Nathaniel Martin, Jr. CCA 20180495.

 

Order Granting Petition for Review

 

No. 20-0221/MC. U.S. v. Thomas E. Mader III. CCA 201800276. 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 issue:

 

CONSENT IS A DEFENSE TO ASSAULT CONSUMMATED BY A BATTERY. THE LOWER COURT FOUND THAT EVEN THOUGH APPELLANT HAD MISTAKENLY BELIEVED OTHER MARINES CONSENTED, NO PERSON IN ANY SIMILAR CIRCUMSTANCES COULD EVER LAWFULLY CONSENT. DID THE LOWER COURT ERR?

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 20-0274/NA. U.S. v. Eduardo A. Herrera. CCA 201800062. On consideration of the motion filed by Lieutenant Daniel E. Rosinski, 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.

 

No. 20-0277/MC. U.S. v. Jose E. Araujo, Jr. CCA 201900102. On consideration of the motion filed by Major Thomas R. Fricton, 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.

 

No. 20-0284/AR. U.S. v. Gary Hemmingsen. CCA 20180611. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 20, 2020.

 

No. 20-0286/AF. U.S. v. Jacob M. Ozbirn. CCA 39556. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 20, 2020.

 

No. 20-0287/AR. U.S. v. Nathaniel Martin, Jr. CCA 20180495. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 20, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 26, 2020

 

Petition for Grant of Review Filed

 

No. 20-0286/AF. U.S. v. Jacob M. Ozbirn. CCA 39556.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 25, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0283/AR. U.S. v. Kyle A. Narburgh. CCA 20190143.

No. 20-0284/AR. U.S. v. Gary Hemmingsen. CCA 20180611.

No. 20-0285/AR. U.S. v. Travis M. Murphy. CCA 20200179.

 

Order Granting Petition for Review

 

No. 20-0217/NA. U.S. v. Stephen A. Begani. CCA 201800082. 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 on the following issue:

 

WHETHER ARTICLE 2, UCMJ, VIOLATES APPELLANT'S RIGHT TO EQUAL PROTECTION WHERE IT SUBJECTS THE CONDUCT OF ALL FLEET RESERVISTS TO CONSTANT UCMJ JURISDICTION, BUT DOES NOT SUBJECT RETIRED RESERVISTS TO SUCH JURISDICTION.

 

Briefs will be filed under Rule 25.

 

Interlocutory Order

 

No. 19-0198/NA. U.S. v. Willie C. Jeter. CCA 201700248. On consideration of the motion filed by Major Thomas R. Fricton, 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

Wednesday, June 24, 2020

 

Petitions for Grant of Review Denied

 

No. 20-0228/AR. U.S. v. Jevante T. Jackson. CCA 20190553.

No. 20-0242/AF. U.S. v. DeShawn B. Haas. CCA S32604.

 

Appeal - Summary Disposition

 

No. 19-0198/NA. U.S. v. Willie C. Jeter. CCA 201700248. On consideration of the granted issues, the record in this case, and the opinion of this Court in United States v. Bess, __ M.J. __ (C.A.A.F. May 14, 2020), it is ordered that the judgment of the United States Navy-Marine Corps Court of Criminal Appeals is vacated and the case is remanded to that Court for further consideration in light of Bess.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 23, 2020

 

Petition for Grant of Review Filed

 

No. 20-0282/AR. U.S. v. Carnell J. Lawson. CCA 20180668.

 

Petition for Grant of Review - Summary Disposition

 

No. 20-0232/AR. U.S. v. Christopher B. Hukill. CCA 20140939. On consideration of Appellant's petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that in affirming the sentence, the Court of Criminal Appeals stated that the approved sentence included confinement for four years when in fact the adjudged and approved sentence included confinement for two years. Accordingly, it is ordered that the petition is hereby granted, and the decision of the United States Army Court of Criminal Appeals is affirmed as to findings and to only so much of the sentence as provides for reduction to pay grade E-1, forfeiture of all pay and allowances, confinement for two years, and a bad-conduct discharge.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 22, 2020

 

Petition for Grant of Review Filed

 

No. 20-0281/AR. U.S. v. Devyn K. Tyler. CCA 20190450.

 

Interlocutory Orders

 

No. 20-0176/NA. U.S. v. Darrius D. Upshaw. CCA 201600053. Appellant's motion to extend time to file a brief and the joint appendix is granted to July 15, 2020.

 

No. 20-0279/AR. U.S. v. Scott Ha. CCA 20180347. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 13, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 19, 2020

 

Petition for Grant of Review Filed

 

No. 20-0279/AR. U.S. v. Scott Ha. CCA 20180347.

 

Miscellaneous Docket - Filing

 

No. 20-0280/AF. Charles A. Wilson III, Petitioner v. The United States Air Force Court of Criminal Appeals, Respondent. CCA 39387. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of prohibition or, in the alternative, a writ of mandamus was filed under Rule 27(a) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 18, 2020

 

Petition for Grant of Review Filed

 

No. 20-0278/AR. U.S. v. Charles T. Gary. CCA 20190691.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 17, 2020

 

Petitions for Grant of Review Denied

 

No. 20-0211/AF. U.S. v. Daniel N. Lee. CCA 39531.

No. 20-0234/AR. U.S. v. Anthony E. Prettyman. CCA 20190447.

No. 20-0235/AR. U.S. v. Marcus S. Jones. CCA 20190271.

No. 20-0237/AR. U.S. v. Derrick R. Vines. CCA 20190103.

 

Miscellaneous Docket - Filing

 

No. 20-0276/AR. Scott R. Hockenberry, Appellant v. Tyesha L. Smith, Colonel, United States Army, Appellee and United States, Real Party in Interest . CCA 20200289. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(b), together with a motion to stay proceedings on this date.

 

Miscellaneous Docket - Summary Disposition

 

No. 20-0276/AR. Scott R. Hockenberry, Appellant v. Tyesha L. Smith, Colonel, United States Army, Appellee and United States, Real Party in Interest . CCA 20200289. On consideration of the writ-appeal petition and motion to stay trial proceedings, it is ordered that the motion to stay trial proceedings is denied, and the writ-appeal is denied without prejudice to raising the R.C.M. 405 issue during the normal course of appellate review.

 

Interlocutory Order

 

No. 20-0277/MC. U.S. v. Jose Araujo. CCA 201900102. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 7, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 16, 2020

 

Petition for Grant of Review Filed

 

No. 20-0277/MC. U.S. v. Jose Araujo. CCA 201900102.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 15, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0274/NA. U.S. v. Eduardo A. Herrera. CCA 201800062.

No. 20-0275/AR. U.S. v. Ryan D. McDonald. CCA 20180387.

 

Interlocutory Orders

 

No. 20-0033/AR. U.S. v. Thomas Ayala. CCA 20170336. Appellant's second motion to extend time to file a brief is granted to June 30, 2020.

 

No. 20-0239/NA. U.S. v. Thomas J. Smetanka. CCA 201900252. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 6, 2020.

 

No. 20-0252/AF. U.S. v. Rodney M. Tyler. CCA 39572. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to July 6, 2020.

 

No. 20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 6, 2020.

 

No. 20-0271/AR. U.S. v. Douglas W. Knighton. CCA 20180106. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 6, 2020.

 

No. 20-0272/AF. U.S. v. Camen J. Scilluffo. CCA 39539. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 19, 2020.

 

No. 20-0274/NA. U.S. v. Eduardo A. Herrera. CCA 201800062. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 6, 2020.

 

Mandates Issued

 

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

No. 19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 12, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0270/NA. U.S. v. Zsavior A. Hodnett. CCA 201900285.

No. 20-0271/AR. U.S. v. Douglas W. Knighton. CCA 20180106.

No. 20-0272/AF. U.S. v. Camen J. Scilluffo. CCA 39539.

No. 20-0273/AR. U.S. v. Christopher H. Hogan. CCA 20190509.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 11, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268.

No. 20-0269/AR. U.S. v. Antonio Ruelas. CCA 20190310.

 

Interlocutory Orders

 

No. 19-0384/AR. U.S. v. Michael J. Guinn. CCA 20170500. Appellant's motion to extend time to file a brief is granted to July 13, 2020.

 

No. 20-0267/AF. U.S. v. Ryan G. Uribe. CCA 39559. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 1, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 10, 2020

 

Petition for Grant of Review Filed

 

No. 20-0267/AF. U.S. v. Ryan G. Uribe. CCA 39559.

 

Petitions for Grant of Review Denied

 

No. 20-0182/AF. U.S. v. Jason W. Cherry. CCA 39412.

No. 20-0204/AR. U.S. v. David E. Padgett. CCA 20180306.

No. 20-0213/AF. U.S. v. Wynton N. Warren. CCA S32565.

No. 20-0224/AR. U.S. v. Javier D. Gonzales. CCA 20180388.

No. 20-0225/AR. U.S. v. Nicholas A. Bond. CCA 20190808.

No. 20-0226/AR. U.S. v. Andrew B. Stomski. CCA 20190454.

No. 20-0229/AR. U.S. v. Carlos Lumbreras. CCA 20190599.

No. 20-0230/AF. U.S. v. Deshiloh J. Martino. CCA S32511.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. On further consideration of the granted issue, 79 M.J. 308 (C.A.A.F. 2019), Appellee's motion to dismiss the granted petition, and appellant defense counsel's failure on multiple occasions to file a brief on behalf of Appellant as ordered by this Court, it is ordered that the grant of review is vacated, that the petition for grant of review is denied, and the motion to dismiss is denied as moot.

 

Appeal - Summary Disposition

 

No. 20-0047/AR. U.S. v. Jacob G. Griego. CCA 20160487. On consideration of the granted issue (79 M.J. 319 (C.A.A.F. Feb. 12, 2020)), the record in this case, and the opinions of this Court in United States v. Gonzalez, 79 M.J. 466 (C.A.A.F. 2020) and United States v. Wall, 79 M.J. 456 (C.A.A.F. 2020), we conclude that the lower court prejudicially erred when it acted on Appellant's sentence after setting aside the convening authority's action. Therefore, it is ordered that the judgment of the United States Army Court of Criminal Appeals is affirmed as to the findings but reversed as to the sentence. The case is returned to the Judge Advocate General of the Army for remand to that court for further action consistent with this order.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 9, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0265/MC. U.S. v. Kevin M. Robinson. CCA 201800297.

No. 20-0266/NA. U.S. v. Elliot Z. Williams. CCA 201900287.

 

Interlocutory Order

 

No. 20-0263/MC. U.S. v. Charles L. Davis. CCA 201800258. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 29, 2020. 




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 8, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0263/MC. U.S. v. Charles L. Davis. CCA 201800258.

No. 20-0264/AR. U.S. v. Lamont R. Holloway. CCA 20190274.

 

Mandate Issued

 

No. 19-0178/AR. U.S. v. Robert J. Rice. CCA 20160695.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 5, 2020

 

Mandate Issued

 

No. 19-0412/AF. U.S. v. Krishil S. Prasad. CCA 39003.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 4, 2020

 

Hearings

 

No. 19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246.

No. 19-0437/MC. U.S. v. Roberto Armendariz. CCA 201700338.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 3, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0261/AR. U.S. v. Nicholas E. Notter. CCA 20180503.

No. 20-0262/AF. U.S. v. Kaleb S. Garcia. CCA 2019-07.

 

Petitions for Grant of Review Denied

 

No. 20-0193/AR. U.S. v. Blake C. Raymond. CCA 20190359.

No. 20-0203/AF. U.S. v. Alan L. Leiby. CCA 39529.

No. 20-0214/AR. U.S. v. Dominic S. Myers. CCA 20180309.

No. 20-0216/AR. U.S. v. Devron A. Charatain. CCA 20180468.

No. 20-0223/AR. U.S. v. Keshawn L. Dixon. CCA 20190323.

 

Hearings

 

No. 19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704.

No. 20-0071/AF. U.S. v. Jason M. Blackburn. CCA 39397.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 2, 2020

 

Interlocutory Order

 

No. 20-0260/AR. U.S. v. Christopher B. Maxwell. CCA 20180542. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 22, 2020.

 

Hearing

 

No. 19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 1, 2020

 

Interlocutory Order

 

No. 19-0104/AR. U.S. v. Nicholas E. Davis. CCA 20160069. 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 is dismissed as moot.

 

Mandate Issued

 

No. 19-0086/NA. U.S. v. Pedro M. Bess, Jr. CCA 201300311.



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