UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 31, 2023

 

Petitions for Grant of Review Denied

 

No. 23-0226/AR. U.S. v. Dashawna D. Robinson. CCA 20220043.

No. 23-0254/AR. U.S. v. Joseph L. Cook. CCA 20220153.

 

Interlocutory Orders

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's motion for a second enlargement of time to file a petition for reconsideration, is granted to November 30, 2023.

 

No. 23-0085/AF. U.S. v. Jonel H. Guihama. CCA 40039. Appellant's motion to extend time to file a reply brief is granted to November 9, 2023.

 

No. 23-0233/NA. In re B.M., Appellant v. United States, Appellee and Donnie R. Bailey, Real Party In Interest. CCA 202300050. On consideration of the motion filed by the Special Victims' Counsel for leave to file a reply brief under seal, it is ordered that the motion is granted.

 

No. 24-0021/AR. U.S. v. Phillip A. Floyd. CCA 20220258. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 20, 2023.

 

No. 24-0024/AR. U.S. v. Julius N. Batts. CCA 20210559. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 20, 2023.

 

No. 24-0025/AR. U.S. v. Luis A. MoralesSanchez. CCA 20210286. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 20, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 30, 2023

 

Petitions for Grant of Review Filed

 

No. 24-0020/MC. U.S. v. Justin T. Ellard. CCA 202200051.

No. 24-0021/AR. U.S. v. Phillip A. Floyd. CCA 20220258.

No. 24-0022/AR. U.S. v. Kealan L. McElroy. CCA 20220461.

No. 24-0023/AR. U.S. v. Ashton K. Glenn. CCA 20220060.

No. 24-0024/AR. U.S. v. Julius N. Batts. CCA 20210559.

No. 24-0025/AR. U.S. v. Luis A. MoralesSanchez. CCA 20210286.

 

Interlocutory Orders

 

No. 24-0008/AR. U.S. v. Shawn M. Marrin. CCA 20210531. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 20, 2023.

 

No. 24-0020/MC. U.S. v. Justin T. Ellard. CCA 202200051. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 20, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 27, 2023

 

Miscellaneous Docket - Filing

 

No. 24-0019/AF. Jose A. Cossio, Jr., Appellant v. The United States and the Air Force Court of Criminal Appeals, Appellees. CCA 2023-09. 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 error coram nobis was filed under Rule 27(b) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 26, 2023

 

Interlocutory Order

 

No. 23-0223/AF. U.S. v. Jeremy J. Stradtmann. CCA 40237. Appellant's motion to extend time to file a reply brief is granted to October 30, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 25, 2023

 

Petition for Grant of Review Filed

 

No. 24-0018/AF. U.S. v. Domingo J. Cabuhat, Jr. CCA 40191.

 

Hearings

 

No. 23-0066/AF. U.S. v. Alexander L. Driskill. CCA 39889.

No. 23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 24, 2023

 

Petitions for Grant of Review Denied

 

No. 23-0237/AR. U.S. v. Tyler K. McKnight. CCA 20220165.

No. 23-0248/AR. U.S. v. Damariyae T. Pope. CCA 20210501.

 

Miscellaneous Docket - Summary Disposition

 

No. 23-0258/AR. Rene D. Alfaro, Petitioner v. Judges of the United States Army Court of Criminal Appeals, Respondent. CCA 2022-14. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that the petition is granted, except as it pertains to Item Y.

 

Interlocutory Orders

 

No. 23-0225/AR. U.S. v. Michael L. Wilson. CCA 20210276. Appellant's motion to extend time to file a brief is granted to November 13, 2023.

 

No. 23-0246/AR. U.S. v. Neil D. Pulver. CCA 20210670. Appellant's motion to examine sealed exhibits is granted.

 

No. 23-0249/AR. U.S. v. David W. Carter, Jr. CCA 20200445. Appellant's motion to extend time to file an answer to Appellee's motion to dismiss the petition for grant of review is granted to November 13, 2023.

 

No. 23-0250/AF. H.V.Z., Appellant v. United States, Appellee and TSgt Michael K. Fewell, Real Party In Interest. CCA 2023-03. On consideration of the motion filed by the United States Navy Victims' Legal Counsel and the United States Coast Guard Special Victims' Counsel Program for leave to file an amici curiae brief in support of Appellant, it is ordered that the motion is granted.

 

Hearings

 

No. 23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582.

No. 23-0080/AR. U.S. v. Anthony R. Ramirez. CCA 20210376.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 23, 2023

 

Petition for Grant of Review Filed

 

No. 24-0017/AR. U.S. v. Bonifacio I. Hernandez IV. CCA 20220331.

 

Interlocutory Orders

 

No. 23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. Appellee's motion to extend time to file a brief is granted to November 27, 2023.

 

No. 23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. On consideration of the motion filed by Lieutenant Megan E. Horst, 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. 23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222. Appellant's motion to extend time to file a brief is granted, up to and including December 15, 2023, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 23-0233/NA. In re B.M., Appellant v. United States, Appellee and Dominic R. Bailey, Real Party In Interest. CCA 202300050. On consideration of the motion filed by the Real Party in Interest for leave to file a brief under seal, it is ordered that the motion is granted.

 

No. 23-0257/AF. In re Humphrey Daniels III, Petitioner. CCA 39407. On consideration of Petitioner's motion to attach corrected pages, it is ordered that the motion is granted.

 

No. 24-0016/CG. U.S. v. Dillon R. Sapp. CCA 001-69-23. Appellee's motion to extend time to file the supplement to the petition for grant of review is granted to November 13, 2023.

 

No. 24-0017/AR. U.S. v. Bonifacio I. Hernandez IV. CCA 20220331. Appellee's motion to extend time to file the supplement to the petition for grant of review is granted to November 13, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 20, 2023

 

Petition for Grant of Review Filed

 

No. 24-0016/CG. U.S. v. Dillon R. Sapp. CCA 001-69-23.

 

Petitions for Grant of Review Denied

 

No. 23-0231/AF. U.S. v. Brandon C. Barnes. CCA 40252.

No. 23-0251/AR. U.S. v. Nyrico A. Reedy. CCA 20220170.

No. 23-0255/AR. U.S. v. Joel Y. Easter. CCA 20220459.

 

Order Granting Petition for Review

 

No. 23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222. 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:

 

IS APPELLANT'S CONVICTION FOR A CLAUSE 2, ARTICLE 134, UCMJ, OFFENSE LEGALLY INSUFFICIENT AS TO THE TERMINAL ELEMENT?

 

Appellant will file a brief on or before November 20, 2023. Appellee will file an answer brief no later than 30 days after the filing of Appellant's brief, and Appellant may file a reply brief no later than 10 days after the filing of Appellee's answer brief.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 19, 2023

 

Interlocutory Orders

 

No. 23-0233/NA. In re B.M., Appellant v. United States, Appellee and Dominic R. Bailey, Real Party In Interest. CCA 202300050. On consideration of the motion filed by the Pink Berets and Not In My Marine Corps for leave to file an amicus curiae brief in support of Appellant and motion to attach notification of parties' positions on filing of amicus brief, it is ordered that the motions are granted.

 

No. 23-0233/NA. In re B.M., Appellant v. United States, Appellee and Dominic R. Bailey, Real Party In Interest. CCA 202300050. On consideration of the motion filed by the United States Marine Corps Victims' Legal Counsel Organization and the United States Navy Victims' Legal Counsel Program for leave to file an amicus curiae brief and motion to correct errata, it is ordered that the motions are granted.

 

No. 24-0015/AR. U.S. v. Jaheemee J. Williams. CCA 20230048. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted, up to and including November 8, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 18, 2023

 

Petition for Grant of Review Filed

 

No. 24-0015/AR. U.S. v. Jaheemee J. Williams. CCA 20230048.

 

Interlocutory Orders

 

No. 23-0233/NA. In re B.M. v. U.S. & Dominic R. Bailey. CCA 202300050. On consideration of the motion filed by the Real Party in Interest to correct the docketing notice for the certificate for review, it is ordered that the motion is hereby granted.

 

No. 23-0261/AR. U.S. v. Jason J. Geranen. CCA 20210306.On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is hereby granted to October 30, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 17, 2023

 

Petition for Grant of Review Filed

 

No. 24-0014/AR. U.S. v. Anthony R. Allred. CCA 20220141.

 

Petitions for Grant of Review Denied

 

No. 23-0240/AR. U.S. v. Tyler K. Howard. CCA 20220229.

No. 23-0247/AR. U.S. v. Zachary A. Bennett. CCA 20230023.

No. 23-0253/AR. U.S. v. Shadai A. Brimmer. CCA 20210622.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 16, 2023

 

Petition for Grant of Review Filed

 

No. 24-0013/AR. U.S. v. Eric L. Thompson. CCA 20220040.

 

Interlocutory Orders

 

No. 23-0246/AR. U.S. v. Neil D. Pulver. CCA 20210670. On consideration of Appellant's third motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted, up to and including October 30, 2023, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 24-0004/AF. U.S. v. Devin W. Johnson. CCA 40257. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to November 22, 2023, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 24-0011/MC. U.S. v. Sean M. Swisher. CCA 202100311. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 6, 2023.

 

No. 24-0012/AF. U.S. v. Stephen T. Robles. CCA 40280. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 6, 2023.

 

No. 24-0013/AR. U.S. v. Eric L. Thompson. CCA 20220040. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 6, 2023.

 

Mandate Issued

 

No. 22-0282/AR. U.S. v. Ashraf S. Warda. CCA 20200644.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 13, 2023

 

Petition for Grant of Review Filed

 

No. 24-0012/AF. U.S. v. Stephen T. Robles. CCA 40280.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 12, 2023

 

Petition for Grant of Review Filed

 

No. 24-0011/MC. U.S. v. Sean M. Swisher. CCA 202100311.

 

Interlocutory Order

 

No. 24-0010/AR. U.S. v. Devante L. Owens. CCA 20210643. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to November 1, 2023.

 

Mandate Issued

 

No. 22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248.

 

Hearing

 

No. 23-0021/NA. U.S. v. Nixon Keago. CCA 202100008.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 11, 2023

 

Petition for Grant of Review Filed

 

No. 24-0010/AR. U.S. v. Devante L. Owens. CCA 20210643.

 

Interlocutory Orders

 

No. 23-0232/AR. U.S. v. Lesly J. Lindor. CCA 20210520. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is hereby granted.

 

No. 23-0249/AR. U.S. v. David W. Carter, Jr. CCA 20200445. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to October 16, 2023.

 

No. 24-0008/AR. U.S. v. Shawn M. Marrin. CCA 20210531. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to October 31, 2023.

 

No. 24-0009/AF. U.S. v. Kevin R. Romero-Alegria. CCA 40199. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to October 31, 2023.

 

Hearing

 

No. 23-0107/AR. U.S. v. Ladonies P. Strong. CCA 20200391.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 10, 2023

 

Petition for Grant of Review Filed

 

No. 24-0009/AF. U.S. v. Kevin R. Romero-Alegria. CCA 40199.

 

Order Granting Petition for Review

 

No. 23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. 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'S CONVICTION FOR SEXUAL ASSAULT WITHOUT CONSENT WAS LEGALLY SUFFICIENT.

 

Appellant will file a brief on or before November 13, 2023; Appellee will file an answer brief no later than 30 days after the filing of Appellant's brief, and Appellant may file a reply brief no later than 10 days after the filing of Appellee's answer brief.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 6, 2023

 

Petition for Grant of Review Filed

 

No. 24-0008/AR. U.S. v. Shawn M. Marrin. CCA 20210531.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 5, 2023

 

Petition for Grant of Review Filed

 

No. 24-0007/AR. U.S. v. Michael T. Hernandez. CCA 20220395.

 

Interlocutory Order

 

No. 23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407. On consideration of Appellant's motion for leave to suspend the Court's deadlines for petitions for reconsideration and consecutive petitions for reconsideration, and the petition for reconsideration, it is hereby ordered that the motion is hereby denied; and that the petition for reconsideration is dismissed as untimely.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 4, 2023

 

Petition for Grant of Review Filed

 

No. 24-0006/AR. U.S. v. Tony L. Butler, Jr. CCA 20220647.

 

Interlocutory Order

 

No. 24-0004/AF. U.S. v. Devin W. Johnson. CCA 40257. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to October 23, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 3, 2023

 

Petitions for Grant of Review Filed

 

No. 24-0004/AF. U.S. v. Devin W. Johnson. CCA 40257.

No. 24-0005/AR. U.S. v. Michael W. Jones. CCA 20220068.

 

Petitions for Grant of Review Denied

 

No. 23-0242/AR. U.S. v. Lee T. Nguyen. CCA 20210509.

No. 23-0243/AR. U.S. v. Daniel D. Pulley. CCA 20220494.

No. 23-0244/AR. U.S. v. Kyle E. Garman. CCA 20220266.

 

Order Granting Petition for Review

 

No. 23-0215/CG. U.S. v. Mark J. Grijalva. CCA 1482. On consideration of the petition for grant of review of the decision of the United States Coast Guard Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE UNENUMERATED ARTICLE 134, UCMJ, OFFENSE CHARGED IN SPECIFICATION 2 OF CHARGE III IS PREEMPTED BY ARTICLE 117a, UCMJ, WHICH CONGRESS ENACTED TO ADDRESS THE WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE VISUAL IMAGES.

 

Appellant will file a brief on or before November 3, 2023; Appellee will file an answer brief no later than 30 days after the filing of Appellant's brief; and Appellant may file a reply brief no later than 10 days after the filing of Appellee's answer brief.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 2, 2023

 

Petitions for Grant of Review Filed

 

No. 24-0001/AF. U.S. v. Garrett J. Pagan. CCA S32738.

No. 24-0002/AR. U.S. v. Allan L. Armstrong. CCA 20210644.

No. 24-0003/AR. U.S. v. Juan A. Rosa Nazario. CCA 20220405.

 

Interlocutory Orders

 

No. 23-0246/AR. U.S. v. Neil D. Pulver. CCA 20210670. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to October 16, 2023.

 

No. 23-0261/AR. U.S. v. Jason J. Geranen. CCA 20210306. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 23, 2023.

 

No. 24-0002/AR. U.S. v. Allan L. Armstrong. CCA 20210644. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 23, 2023.



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