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BRIEFS OF GRANTED CASES WITHOUT A HEARING DATE
(Last Updated 11/06/2026)

In descending order, the following cases have been granted by this Court and ordered to file briefs. These cases have not yet been scheduled for hearings. Links to the briefs are provided soon after the briefs have been filed at this Court. Cases will be removed when a hearing date has been scheduled -- see Hearing Calendar or Archived Hearing Calendars-- or when summary disposition order has been published in the daily journal.

See Daily Journal for complete court proceedings.

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Thursday, November 5, 2026

Order Granting Petition for Review

 

No. 26-0207/CG. U.S. v. Phillip W. Woods. CCA 1504. Upon further 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the United States Coast Guard Court of Criminal Appeals, it is ordered that the issue granted on September 24, 2026, is rescinded and replaced with the following issues specified by the Court:

 

I. Whether there is a constitutional exception to M.R.E. 513 grounded in the confrontation, compulsory process, or due process clauses.

 

II. Whether the decision of the U.S. Navy-Marine Corps Court of Criminal Appeals in J.M. v. Payton-O'Brien, 76 M.J. 782 (N-M. Ct. Crim. App. 2017), provides the appropriate framework concerning M.R.E. 513 and an accused's constitutional rights.

 

III. Whether the military judge erred in denying Appellant's motions seeking disclosure of the victim's unredacted medical and mental health records.

 

That the above entitled action be called for hearing on the 22nd day of March, 2027 at a time to be later announced.

 

Each side will be allotted 20 minutes to present oral argument. The hearing will be held at the University of Tennessee Winston College of Law, 1505 Cumberland Avenue, Knoxville, TN 37996, as part of the Court's Project Outreach.

 

Appellant's brief       Appellee's brief       Appellant's reply brief

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Wednesday, October 21, 2026

Order Granting Petition for Review

 

No. 26-0274/AR. U.S. v. Valentino G. Varlaro. CCA 20240319. 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 Army Court erred by adopting a lesser mens rea for property offenses.

 

Appellant's brief       Appellee's brief       Appellant's reply brief

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Wednesday, October 7, 2026

Order Granting Petition for Review

 

No. 26-0172/AR. U.S. v. Charles H. Cunningkin. CCA 20240125. 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 on the following issue:

 

Whether the lower court erred by failing to articulate its analysis of the assignment of error of factual insufficiency.

 

Appellant's brief       Appellee's brief       Appellant's reply brief

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Wednesday, September 9, 2026

Order Granting Petition for Review

 

No. 26-0236/AR. U.S. v. Matthew W. Martin. CCA 20250030. 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 court-martial had jurisdiction after an interloper was improperly impaneled.

 

Appellant's brief       Appellee's brief       Appellant's reply brief