UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 30, 2021
Petitions for Grant of Review Filed
No.
21-0303/AF. U.S. v. Cody W. Stefanek. CCA 39895.
No.
21-0304/MC. U.S. v. Christopher J. Nelson. CCA 202000108.
Interlocutory Orders
No.
20-0345/AR. U.S. v. Jacob L. Brubaker-Escobar. CCA 20190618. On consideration
of the motion filed by Major Alexander N. Hess 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.
21-0149/NA. United States, Appellee/Cross-Appellant v. Paul E. Cooper, Appellant/Cross-Appellee.
CCA 201500039. Appellant/Cross-Appellee's motion to extend time to file a brief
is granted to July 29, 2021.
No.
21-0155/AR. U.S. v. Omar A. Hernandez. CCA 20160217. On consideration of the
motion filed by Major Alexander N. Hess 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.
21-0283/AR. U.S. v. Jermy E. Hardin. CCA 20200151. On
consideration of the motion filed by Major Alexander N. Hess 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
Tuesday,
June 29, 2021
Petition for Grant of Review - Summary
Disposition
No. 21-0258/AR. U.S. v. James L.
Dongarra III. CCA 20200633. On consideration of Appellant's 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 Judgment of the Court
and Convening Authority Action be corrected by changing the statement "The
automatic forfeiture of all pay and allowances per month to be waived for a
period of six months, to be paid to the accused's spouse, Mrs. A.D." to "The
automatic forfeiture of two-thirds pay per month to be waived for a period of
six months, to be paid to the accused's spouse, Mrs. A.D."
Appeals — Summary Dispositions
No. 20-0358/AR. U.S. v. Carlos Muniz,
Jr. CCA 20200092.
On further consideration of the granted issue (80 M.J. 401 (C.A.A.F. 2020)),
and because the charges were not preferred in this case until after January 1,
2019, we conclude that the convening authority did not err in taking "no
action" on the sentence, and the United States Army Court of Criminal Appeals
had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. June 4,
2021). Accordingly, it is ordered that the judgment of the United States Army
Court of Criminal Appeals is affirmed.
No. 21-0062/AR. U.S. v. Fernando
Quinones-Colon, Jr. CCA 20200093. On further consideration of the granted issue
(80 M.J. 466 (C.A.A.F. 2020)), and because the charges were not preferred in
this case until after January 1, 2019, we conclude that the convening authority
did not err in taking "no action" on the sentence, and the United States Army
Court of Criminal Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J.
__ (C.A.A.F. June 4, 2021). Accordingly, it is ordered that the judgment of the
United States Army Court of Criminal Appeals is affirmed.
No. 21-0066/AR. U.S. v. Alan D. Ross.
CCA 20190537.
On further consideration of the granted issue (81 M.J. 66 (C.A.A.F. 2021)), and
because the charges were not preferred in this case until after January 1,
2019, we conclude that the convening authority did not err in taking "no
action" on the sentence, and the United States Army Court of Criminal Appeals
had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. June 4,
2021). Accordingly, it is ordered that the judgment of the United States Army
Court of Criminal Appeals is affirmed.
No. 21-0078/AR. U.S. v. Montana J.
Miller. CCA 20190597.
On further consideration of the granted issue (81 M.J. 50 (C.A.A.F. 2021)), and
because the charges were not preferred in this case until after January 1,
2019, we conclude that the convening authority did not err in taking "no
action" on the sentence, and the United States Army Court of Criminal Appeals
had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. June 4,
2021). Accordingly, it is ordered that the judgment of the United States Army
Court of Criminal Appeals is affirmed.
No. 21-0134/AR. U.S. v. Luis E. Ramirez.
CCA 20190367.
On further consideration of the granted issue (81 M.J. __ (C.A.A.F. Apr. 23,
2021)), and because the charges were not preferred in this case until after
January 1, 2019, we conclude that the convening authority did not err in taking
"no action" on the sentence, and the United States Army Court of Criminal
Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. June 4,
2021). Accordingly, it is ordered that the judgment of the United States Army
Court of Criminal Appeals is affirmed.
No. 21-0140/AR. U.S. v. Jonathan D.
Davenport. CCA 20200190. On further consideration of the granted issue (81 M.J. __
(C.A.A.F. Mar. 15, 2021)), and because the charges were not preferred in this
case until after January 1, 2019, we conclude that the convening authority did
not err in taking "no action" on the sentence, and the United States Army Court
of Criminal Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J.
__ (C.A.A.F. June 4, 2021). Accordingly, it is ordered that the judgment of the
United States Army Court of Criminal Appeals is affirmed.
No. 21-0184/AR. U.S. v. Joseph P. Popp.
CCA 20190333.
On further consideration of the granted issue (81 M.J. __ (C.A.A.F. Apr. 7,
2021)), and because the charges were not preferred in this case until after
January 1, 2019, we conclude that the convening authority did not err in taking
"no action" on the sentence, and the United States Army Court of Criminal
Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. June 4,
2021). Accordingly, it is ordered that the judgment of the United States Army
Court of Criminal Appeals is affirmed.
No. 21-0201/AR. U.S. v. Adrian L.
Ingram, Jr. CCA 20190610. On further consideration of the granted issue (81 M.J. __
(C.A.A.F. May 4, 2021)), and because the charges were not preferred in this
case until after January 1, 2019, we conclude that the convening authority did
not err in taking "no action" on the sentence, and the United States Army Court
of Criminal Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81
M.J. __ (C.A.A.F. June 4, 2021). Accordingly, it is ordered that the judgment
of the United States Army Court of Criminal Appeals is affirmed.
Interlocutory Orders
No.
21-0066/AR. U.S. v. Alan D. Ross. CCA 20190537. On consideration of the motion
filed by Major Kyle C. Sprague 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.
21-0078/AR. U.S. v. Montana J. Miller. CCA 20190597. On consideration of the
motion filed by Major Alexander N. Hess 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.
21-0085/AR. U.S. v. John T. Long. CCA 20150160. On consideration of the motion
filed by Major Alexander N. Hess 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.
21-0089/MC. U.S. v. Jonathan Quezada. CCA 201900115. Appellant's motion to
extend time to file a reply brief is granted to July 13, 2021.
No.
21-0184/AR. U.S. v. Joseph P. Popp. CCA 20190333. On consideration of the
motion filed by Major Kyle C. Sprague 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.
21-0263/AR. U.S. v. Angel I. Spencer. CCA 20190762. Appellant's motion to extend
time to file a supplemental issue is granted to July 7, 2021.
No.
21-0275/AR. U.S. v. Michael D. Johnson. CCA 20190386. On consideration of the
motion filed by Major Alexander N. Hess 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.
21-0299/MC. U.S. v. Yusif M. McCall. CCA 201900225. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to July 19, 2021.
No.
21-0302/AR. U.S. v. Keenan R. Ducksworth. CCA 201900183. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to July 19, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 28, 2021
Petitions for Grant of Review Filed
No.
21-0301/AR. U.S. v. Brian K. Hollenbeck. CCA 20170237.
No.
21-0302/AR. U.S. v. Keenan R. Ducksworth. CCA
20190183.
Petitions for Grant of Review Denied
No.
21-0265/AR. U.S. v. Taylor R. McGough. CCA 20200637.
No.
21-0266/AF. U.S. v. Dylan A. Samudio. CCA S32620.
Interlocutory Orders
No.
20-0366/AR. U.S. v. Thomas M. Adams. CCA 20130693. On consideration of the
motion filed by Major Alexander N. Hess for leave to withdraw as appellate
defense counsel, it is ordered that the motion is granted.
No.
21-0042/AR. U.S. v. Danny L. McPherson. CCA 20180214. On consideration of the
motion filed by Major Alexander N. Hess 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.
21-0219/AR. U.S. v. Conner B. Hiser. CCA 20190325. On
consideration of the motion filed by Major Alexander N. Hess for leave to
withdraw as appellate defense counsel, it is ordered that the motion is
granted.
No.
21-0235/AR. U.S. v. David C. Tate. CCA 20180477. On consideration of the motion
filed by Major Alexander N. Hess 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.
21-0263/AR. U.S. v. Angel I. Spencer. CCA 20190762. On consideration of the
motion filed by Major Alexander N. Hess 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
Friday,
June 25, 2021
Petitions for Grant of Review Filed
No.
21-0298/AR. U.S. v. Justin L. Obbink. CCA 20200433.
No.
21-0299/MC. U.S. v. Yusif M. McCall. CCA 201900225.
No.
21-0300/NA. U.S. v. Anthony J. Fryer. CCA 201900324.
Order Granting Petition for Review
No. 21-0243/AF. U.S. v. Derrick O.
Williams. CCA 39746.
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 AIR FORCE COURT ERRED BY FAILING TO CONSIDER APPELLANT'S ERRONEOUS
DEPRIVATION OF PAY WHILE SERVING HARD LABOR WITHOUT CONFINEMENT, PROPERLY
RAISED AS AN EIGHTH AMENDMENT VIOLATION, WHEN ASSESSING SENTENCE
APPROPRIATENESS.
No
briefs will be filed under Rule 25.
Interlocutory Order
No.
21-0297/AF. U.S. v. Kristofer J. Cruspero. CCA
S32595. Appellant's motion to extend time to file the supplement to the petition
for grant of review is granted to July 15, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 24, 2021
Petition for Grant of Review Filed
No.
21-0297/AF. U.S. v. Kristofer J. Cruspero. CCA
S32595.
Petitions for Grant of Review Denied
No.
21-0209/AF. U.S. v. Michael P. Baird. CCA 39768.
No.
21-0259/AR. U.S. v. Courage Kamara, Jr. CCA 20200322.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 23, 2021
Petitions for Grant of Review Denied
No.
21-0220/AR. U.S. v. Kevin L. Smith. CCA 20190832.
No.
21-0233/AR. U.S. v. Irvin Paredes-Martinez. CCA 20190224.
Interlocutory Orders
No.
21-0230/AR. U.S. v. Jason M. Sartori. CCA 20190052.
Appellant's motion for leave to file a supplement to the petition for grant of
review exceeding the page and word limit is denied. Appellant will file a
supplement to the petition for grant of review that complies with Rule 24 on or
before June 30, 2021.
No.
21-0267/AR. U.S. v. Mark W. Christensen. CCA 20190197. On consideration of the
motion filed by Major Kyle Sprague for leave to withdraw as appellate defense
counsel, it is ordered that the motion is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 22, 2021
Petitions for Grant of Review Denied
No.
21-0109/AR. U.S. v. Sergio A. Reyes-Lesmes. CCA 20180396.
No.
21-0197/AF. U.S. v. Anthony R. Lizana. CCA 39280.
No.
21-0199/AF. U.S. v. Xavier L. Rice. CCA 39071.
No.
21-0215/AR. U.S. v. Julian D. Wiggins. CCA 20190289.
No.
21-0217/AF. U.S. v. Sean M. Miller. CCA 39747.
No.
21-0218/MC. U.S. v. Noah F. Martin-Moore. CCA 201900250.
No.
21-0238/AF. U.S. v. Michael F. Bonior. CCA 39755.
No.
21-0253/AR. U.S. v. Nathen R. Elliott-Brown. CCA 20200332.
Miscellaneous Docket - Filing
No.
21-0296/AR. In re Erik D. Jenkins. Notice is given that a petition for
extraordinary relief in the nature of writ of mandamus was filed under Rule
27(a) on this date.
Interlocutory Orders
No.
21-0040/AR. U.S. v. Leshan Jones. CCA 20190254. On consideration of the motion
filed by Captain Brianna C. Tuohy 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.
21-0069/AF. U.S. v. Jerard Simmons. CCA 39342. Appellee's motion to file a
supplemental joint appendix is granted.
No.
21-0179/AR. U.S. v. Xavier L. Anderson. CCA 20180447. On consideration of the
motion filed by Captain Brianna C. Tuohy 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.
21-0220/AR. U.S. v. Kevin L. Smith. CCA 20190832. On consideration of the
motion filed by Captain Brianna C. Tuohy 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.
21-0233/AR. U.S. v. Irvin Paredes-Martinez. CCA 20190224. On consideration of
Appellant's motion for leave to file the supplement to the petition for grant
of review exceeding the page and word limits, because the supplement does not
exceed the lines of text limitation of C.A.A.F. R. 21(b) and is otherwise
acceptable, it is ordered that the motion is denied as moot.
No.
21-0234/AR. U.S. v. Logan T. Kyle. CCA 20190372. On consideration of the motion
filed by Captain Brianna C. Tuohy 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.
21-0292/MC. U.S. v. Mason R. Terwilliger. CCA 201900292. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to July 12, 2021.
No.
21-0293/NA. U.S. v. Michael T. Lamore. CCA 201900315. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to July 12, 2021.
Mandates Issued
No.
20-0340/AF. U.S. v. Eric R. Proctor. CCA S32554.
No.
20-0345/AR. U.S. v. Jacob L. Brubaker-Escobar. CCA 20190618.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 21, 2021
Petitions for Grant of Review Filed
No.
21-0293/NA. U.S. v. Michael T. Lamore. CCA 201900315.
No.
21-0294/AR. U.S. v. Jesse E. Spyker. CCA 20200483.
No.
21-0295/AR. U.S. v. Joshua R. Pruett. CCA 20180368.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 17, 2021
Petition for Grant of Review Filed
No.
21-0292/MC. U.S. v. Mason R. Terwilliger. CCA
201900292.
Petitions for Grant of Review Denied
No.
21-0194/NA. U.S. v. Jayson W. Grant. CCA 201900212.
No.
21-0228/AR. U.S. v. Abdul M. Shuford. CCA 20190594.
No.
21-0231/AF. U.S. v. Jonathan D. Painter. CCA 39646.
No.
21-0239/AR. U.S. v. Juan R. Coloncordero. CCA
20190303.
No.
21-0248/AR. U.S. v. Frank K. Hertel II. CCA 20200348.
Miscellaneous Docket - Filing
No.
21-0287/AF. Ralph J. Hyppolite II, Appellant v.
United States, Appellee. CCA 2021-02. Notice is 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 of habeas corpus was filed under Rule 27(b) on June 15, 2021, and placed
on the docket on this date.
Interlocutory Orders
No.
21-0059/MC. U.S. v. Bradley M. Metz. CCA 201900089. Appellant's second motion
to extend time to file a reply brief is granted to June 24, 2021.
No.
21-0109/AR. U.S. v. Sergio A. Reyes-Lesmes. CCA
20180396. On consideration of Appellant's motion to file an additional matter
pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), out of time, it
is ordered that the motion is denied.
No.
21-0272/MC. U.S. v. Barnabas E. Pearson. CCA 201900314. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to July 6, 2021.
No.
21-0283/AR. U.S. v. Jermy E. Hardin. CCA 20200151.
Appellant's motion to extend time to file the supplement to the petition for grant
of review is granted to July 7, 2021.
No.
21-0284/AF. U.S. v. Ryne M. Seeto. CCA 39247.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to July 7, 2021.
No.
21-0285/AF. U.S. v. Travis S. Beck, Jr. CCA 39793. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
July 7, 2021.
No.
21-0288/NA. U.S. v. Michael B. Powell. CCA 201900280. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to July 7, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 16, 2021
Petitions for Grant of Review Filed
No.
21-0289/AR. U.S. v. Vanessa L. Lancaster. CCA 20190852.
No.
21-0290/AR. U.S. v. Albert N. Yeboah. CCA 20200529.
No.
21-0291/AR. U.S. v. Luis L. Ballesteros. CCA 20200319.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 15, 2021
Petitions for Grant of Review Filed
No.
21-0286/AF. U.S. v. Armis J. Sunday. CCA 39760.
No.
21-0288/NA. U.S. v. Michael B. Powell. CCA 201900280.
Mandate Issued
No.
21-0025/AF. U.S. v. Matthew C. Harrington. CCA 2020-02.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 14, 2021
Petitions for Grant of Review Filed
No.
21-0283/AR. U.S. v. Jermy E. Hardin. CCA 20200151.
No.
21-0284/AF. U.S. v. Ryne M. Seeto. CCA 39247.
No.
21-0285/AF. U.S. v. Travis S. Beck, Jr. CCA 39793.
Interlocutory Orders
No.
21-0279/AR. U.S. v. Nigua J. Mack. CCA 20200331.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to July 6, 2021.
No.
21-0280/AR. U.S. v. Mark J. Meneses. CCA 20190636.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to July 6, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 11, 2021
Petitions for Grant of Review Filed
No.
21-0280/AR. U.S. v. Mark J. Meneses. CCA 20190636.
No.
21-0281/AF. U.S. v. Michael J. Lewis. CCA S32614.
No.
21-0282/AR. U.S. v. Lavon C. Blaylock. CCA 20200395.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 10, 2021
Petitions for Grant of Review Filed
No.
21-0277/AR. U.S. v. Jose G. Ramos. CCA 20200291.
No.
21-0278/AR. U.S. v. Christopher P. Morris. CCA 20200066.
No.
21-0279/AR. U.S. v. Nigua J. Mack. CCA 20200331.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 9, 2021
Petition for Grant of Review Filed
No.
21-0276/AR. U.S. v. Romon L. Hammond. CCA 20200168.
Interlocutory Order
No.
21-0218/MC. U.S. v. Noah F. Martin-Moore. CCA 201900250. Appellant's motion to
supplement the record is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 8, 2021
Petitions for Grant of Review Denied
No.
21-0175/AR. U.S. v. Michael A. Robinson. CCA 20190231.
No.
21-0213/AR. U.S. v. Carlos J. Valentin. CCA 20190075.
No.
21-0224/AR. U.S. v. Hashim M. Miller. CCA 20200170.
No.
21-0229/AR. U.S. v. Randy D. White. CCA 20190194.
No.
21-0237/AR. U.S. v. Phillip D. Pennington. CCA 20190605.
No.
21-0240/AR. U.S. v. Matthew J. Lewandowski. CCA 20190714.
No.
21-0241/AR. U.S. v. Glenn S. Smith, Jr. CCA 20200229.
No.
21-0242/AR. U.S. v. Demetrius J. Slaughter. CCA 20200110.
Petition for Grant of Review - Summary
Disposition
No. 21-0246/AR. U.S. v. Stephen S. Lee.
CCA 20180001.
Appellee's motion to dismiss the petition for grant of review for lack of
jurisdiction is granted.
Order Granting Petition for Review
No. 21-0149/NA. United States,
Appellee/Cross-Appellant v. Paul E. Cooper, Appellant/Cross-Appellee. CCA
201500039.
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 issues:
I.
AN ACCUSED HAS A CONSTITUTIONAL RIGHT TO
HAVE HIS COUNSEL MAKE A PROPER ARGUMENT ON THE EVIDENCE AND APPLICABLE LAW IN
HIS FAVOR. DID THE MILITARY JUDGE ABUSE HIS DISCRETION WHEN HE ALLOWED THE
MEMBERS TO RECALL THE COMPLAINING WITNESS AFTER DELIBERATIONS BUT REFUSED THE
DEFENSE REQUEST TO PRESENT A RENEWED CLOSING SUMMATION ON HER NEW TESTIMONY? DID
THE LOWER COURT ERR BY REFUSING TO CONSIDER THIS ISSUE?
II.
AN APPELLANT HAS THE RIGHT TO EFFECTIVE REPRESENTATION BY APPELLATE COUNSEL.
WERE APPELLATE COUNSEL INEFFECTIVE WHERE: (1) COUNSEL FAILED TO ASSIGN AS ERROR
THE MILITARY JUDGE'S DENIAL OF A RENEWED CLOSING ARGUMENT DESPITE DEFENSE
COUNSEL'S OBJECTION AT TRIAL; (2) THIS COURT DECIDED UNITED STATES v. BESS, 75 M.J. 70 (C.A.A.F. 2016), ONE MONTH BEFORE
COUNSEL FILED A SUPPLEMENTAL BRIEF RAISING ASSIGNMENTS OF ERROR BEFORE THE
LOWER COURT; AND (3) THE LOWER COURT REFUSED TO CONSIDER THE ISSUE WHEN IT WAS
RAISED DURING A LATER REMAND TO THAT COURT?
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
21-0150/NA. United States, Appellee/Cross-Appellant v. Paul E. Cooper,
Appellant/Cross-Appellee. CCA 201500039. Appellant/Cross-Appellee's motion to
take judicial notice of adjudicative facts is denied.
No.
21-0150/NA. United States, Appellee/Cross-Appellant v. Paul E. Cooper,
Appellant/Cross-Appellee. CCA 201500039. Appellee/Cross-Appellant's motion to
return or strike Appellant/Cross-Appellee's appendix to the reply to
Appellee/Cross-Appellant's opposition to Appellant/Cross-Appellee's motion to
take judicial notice of adjudicative facts is denied as moot.
No.
21-0222/NA. United States, Appellant v. Chase T. Miller, Appellee. CCA
201900234. Appellant's second motion to extend time to file a brief and joint
appendix is granted to June 18, 2021.
No.
21-0246/AR. U.S. v. Stephen S. Lee. CCA 20180001. Appellee's motion to dismiss
the petition for grant of review for lack of jurisdiction is granted.
No.
21-0262/AF. U.S. v. Zachary W. Rothe. CCA 39817. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to July 6, 2021.
No.
21-0274/AF. U.S. v. Laurent A. Laguitan. CCA 39707. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to June 28, 2021.
No.
21-0275/AR. U.S. v. Michael D. Johnson. CCA 20190386. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to June 28, 2021.
Mandate Issued
No.
21-0017/AR. U.S. v. Clovis H. Castro. CCA 20190408.
Petition for Reconsideration Denied
No.
21-0025/AF. U.S. v. Matthew C. Harrington. CCA 2020-02. Appellee's petition for
reconsideration of this Court's decision,
United States v. Harrington, __ M.J. __ (C.A.A.F. 2021) is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 7, 2021
Petitions for Grant of Review Filed
No.
21-0274/AF. U.S. v. Laurent A. Laguitan. CCA 39707.
No.
21-0275/AR. U.S. v. Michael D. Johnson. CCA 20190386.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 4, 2021
Order Granting Petition for Review
No. 21-0234/AR. U.S. v. Logan T. Kyle.
CCA 20190372.
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 CONVENING AUTHORITY'S FAILURE TO TAKE ACTION ON THE SENTENCE DEPRIVED THE
ARMY COURT OF CRIMINAL APPEALS OF JURISDICTION UNDER ARTICLE 66, UCMJ.
No
briefs will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 2, 2021
Petition for Grant of Review Filed
No.
21-0273/AR. U.S. v. Robert C. McKee. CCA 20190680.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 1, 2021
Petitions for Grant of Review Denied
No.
21-0226/AR. U.S. v. Deshawn E. Sturkey. CCA 20200351.
No.
21-0227/AR. U.S. v. Kevin Zazueta. CCA 20200188.
Petition for Grant of Review - Summary
Disposition
No. 21-0196/AF. U.S. v. Ryan J.
Michalec. CCA 39771.
On consideration of the petition for grant of review of the decision of the
United States Air Force Court of Criminal Appeals, we note that the members
adjudged a sentence of a dishonorable discharge, confinement for 20 years,
forfeiture of all pay and allowances, and reduction to pay grade E-3. The
record also shows that as a matter of clemency, the convening authority
approved the adjudged sentence, without modification, but deferred adjudged
forfeitures until action and waived automatic forfeitures in favor of
Appellant's dependents. In its summary of the convening authority's action, the
lower court correctly noted the deferral and waiver but incorrectly stated that
the convening authority disapproved the adjudged forfeitures. It then affirmed
the sentence (adding a footnote to change "total forfeitures" in the CMO to
"forfeiture of all pay and allowances").
Appellant
has not asserted any error by the lower court in this respect, nor has he
complained that his dependents did not receive the money attributable to the deferred
and waived forfeitures. However, it is unclear whether the forfeiture of all pay
and allowances was affirmed. Under Article 67(c), Uniform Code of Military
Justice (UCMJ), 10 U.S.C. § 867(c) (2018), this Court can only act with respect
to the findings and sentence as affirmed by a court of criminal appeals. If the
affirmed sentence is ambiguous, the appropriate remedy is a remand for
clarification. United States v. Kosek,
41 M.J. 60, 65 (C.M.A. 1994) ("The appropriate remedy for incomplete or
ambiguous rulings is a remand for clarification."). Accordingly, because of the
ambiguity as to the affirmed sentence, it is ordered that said petition is
granted on the following specified issue:
WHETHER
THE DECISION OF THE UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS IS
AMBIGUOUS AS TO WHETHER THE AFFIRMED SENTENCE INCLUDED FORFEITURE OF ALL PAY
AND ALLOWANCES.
The
decision of the United States Air Force Court of Criminal Appeals is affirmed
as to findings but set aside as to sentence. The record of trial is returned to
The Judge Advocate General of the Air Force for remand to the United States Air
Force Court of Criminal Appeals for clarification as to the affirmed sentence.
Thereafter Article 67, UCMJ, shall apply.
Interlocutory Orders
No.
20-0176/NA. U.S. v. Darrius D. Upshaw. CCA 201600053. On consideration of
Appellee's motion to file a petition for reconsideration out of time of this
Court's decision, United States v. Upshaw,
__ M.J. __, (C.A.A.F. 2021), it is ordered that the motion to file the petition
for reconsideration out of time is granted, the petition for reconsideration is
granted, and the decretal paragraph of the subject opinion is modified to read,
"The record is returned to the Judge Advocate General of the Navy. A
rehearing is authorized."
No.
21-0052/NA. U.S. v. Virginia S. Moratalla. CCA 201900073. Appellant's motion to
extend time to file a reply brief is granted to June 22, 2021.
No.
21-0059/MC. U.S. v. Bradley M. Metz. CCA 201900089. Appellant's motion to extend
time to file a reply brief is granted to June 21, 2021.
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's motion to examine
sealed appellate exhibits and the sealed portion of the trial transcript is
granted.
No.
21-0267/AR. U.S. v. Mark W. Christensen. CCA 20190197. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to June 21, 2021.
No.
21-0269/MC. U.S. v. Chad M. Whitehead. CCA 202000196. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to June 21, 2021.
No.
21-0270/AR. U.S. v. Alec J. Olson. CCA 20190267. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 21, 2021.
No.
21-0271/MC. U.S. v. Malcolm E. Speight. CCA 202000099. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to June 21, 2021.
No.
21-0272/MC. U.S. v. Barnabas E. Pearson. CCA 201900314. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to June 21, 2021.
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