UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 30, 2020
Petition for Grant of Review Filed
No.
21-0108/AR. U.S. v. Jonathan F. Badgett. CCA 20190177.
Order Granting Petition for Review
No. 21-0025/AF. U.S. v. Matthew C.
Harrington. CCA 2020-02. On consideration of Appellant's petition for grant of
review of the decision of the United States Air Force 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:
APPELLANT'S
CONVICTION WAS SET ASIDE DUE TO THE ORIGINAL TRIAL JUDGE'S FAILURE TO ALLOW THE
DEFENSE TO INTRODUCE EXCULPATORY EVIDENCE ABOUT THE COMPLAINING WITNESS'S BEHAVIOR
RIGHT BEFORE THE ALLEGED SEXUAL ASSAULT. THE EXCULPATORY EVIDENCE IS NO LONGER
AVAILABLE AFTER A GOVERNMENT DELAY IN BRINGING THE CASE TO A REHEARING. DID THE
AIR FORCE COURT ERR BY OVERRULING THE MILITARY JUDGE'S DECISION TO DISMISS THE
CHARGE FOR A SPEEDY TRIAL VIOLATION?
Pursuant
to C.A.A.F. R. 19(a)(7)(A), no further pleadings will be filed.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 29, 2020
Petitions for Grant of Review Denied
No.
21-0006/AR. U.S. v. James E. Hopkins. CCA 20140913.
No.
21-0044/AF. U.S. v. Addison W. Harjung. CCA 39661.
No.
21-0061/AF. U.S. v. Mercilous M. Massillon. CCA 39663.
No.
21-0063/AR. U.S. v. Dustin T. Hall. CCA 20190586.
No.
21-0065/AR. U.S. v. Jared D. Pakeman. CCA 20200073.
Mandatory Review Case Filed
No. 21-0107/AR. U.S. v. Nidal M. Hasan.
CCA 20130781.
Notice is given that a case requiring mandatory review of the decision of the
United States Army Court of Criminal Appeals in which the affirmed sentence
extends to death was filed under Rule 23 on this date. Appellant will file a
brief under Rule 23(b) on or before the 1st day of March, 2021.
Interlocutory Orders
No.
20-0195/AR. U.S. v. Jeremy N. Navarette. CCA 20160786. Appellant's motion to
extend time to file a brief is granted to January 21, 2021.
No.
21-0102/AR. U.S. v. Jose F. Castaneda. CCA 20190246. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to January 19, 2021.
No.
21-0104/AR. U.S. v. Donovan D. Brooks. CCA 20180567. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to January 19, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
December 28, 2020
Petitions for Grant of Review Filed
No.
21-0099/NA. U.S. v. Kondali A. Kangha. CCA 201900202.
No.
21-0100/NA. U.S. v. Alejandro E. Ramos. CCA 202000021.
No.
21-0101/MC. U.S. v. Bradley M. Metz. CCA 201900214.
No.
21-0102/AR. U.S. v. Jose F. Castaneda. CCA 20190246.
No.
21-0103/AR. U.S. v. Drew L. Detherow. CCA 20200121.
No.
21-0104/AR. U.S. v. Donovan D. Brooks. CCA 20180567.
No.
21-0105/AR. U.S. v. Timothy J. Evans. CCA 20180651.
No.
21-0106/AR. U.S. v. Rayaldwin C. Balangue. CCA 20200018.
Interlocutory Orders
No.
20-0366/AR. U.S. v. Thomas M. Adams. CCA 20130693. Appellant's motion to extend
time to file a brief is granted to January 19, 2021.
No.
21-0099/NA. U.S. v. Kondali A. Kangha. CCA 201900202. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to January 19, 2021.
No.
21-0100/NA. U.S. v. Alejandro E. Ramos. CCA 202000021. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to January 19, 2021.
No.
21-0101/MC. U.S. v. Bradley M. Metz. CCA 201900214. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to January 19, 2021.
Mandate Issued
No.
20-0262/AF. U.S. v. Kaleb S. Garcia. CCA 2019-07.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 23, 2020
Petitions for Grant of Review Filed
No.
21-0097/NA. U.S. v. Caleb R. Stanley. CCA 202000116.
No.
21-0098/AR. U.S. v. Andre J. Felton. CCA 20190214.
Interlocutory Order
No.
21-0084/AR. U.S. v. Tristan N. Megaw. CCA 20190028.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to January 22, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 22, 2020
Petitions for Grant of Review Filed
No.
21-0093/AF. U.S. v. Jesse A. Cool. CCA 39714.
No.
21-0094/AF. U.S. v. Matthew L. Gillian. CCA 39692.
No.
21-0095/AR. U.S. v. Christiana F. Haviland. CCA
20190515.
No.
21-0096/AR. U.S. v. Manuel B. Castro. CCA 20190580.
Petitions for Grant of Review Denied
No.
21-0008/AR. U.S. v. Keith B. Hill. CCA 20190780.
No.
21-0009/AR. U.S. v. Donovan L. Pearman. CCA 20200200.
No.
21-0031/AF. U.S. v. Joshua Shears. CCA S32577.
No.
21-0041/AR. U.S. v. Donald P. Laviolet. CCA 20190235.
No.
21-0043/MC. U.S. v. Antonio X. Zamora. CCA 201900087.
No.
21-0045/AF. U.S. v. Wesley A. Brammier. CCA 39582.
No.
21-0053/AR. U.S. v. Mark A. Haygood. CCA 20190555.
No.
21-0057/AR. U.S. v. Tashawn E. Drafton.
CCA 20190051.
Interlocutory Orders
No.
21-0068/MC. U.S. v. Maurice J. Lewis. CCA 201900048. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is granted
to December 28, 2020.
No.
21-0089/MC. U.S. v. Jonathan Quezada. CCA 201900115. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to January 11, 2021.
No.
21-0093/AF. U.S. v. Jesse A. Cool. CCA 39714. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to
January 11, 2021.
No.
21-0094/AF. U.S. v. Matthew L. Gillian. CCA 39692. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
January 11, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
December 21, 2020
Petitions for Grant of Review Filed
No.
21-0088/AF. U.S. v. Joshua A. Loomis. CCA 39891.
No.
21-0089/MC. U.S. v. Jonathan Quezada. CCA 201900115.
No.
21-0090/AR. U.S. v. David N. Munoz. CCA 20180670.
No.
21-0092/AR. U.S. v. Salvador M. Donida. CCA 20190531.
Miscellaneous Docket - Filing
No.
21-0091/AR. Robert B. Bergdahl, Appellant v. United
States, Appellee. CCA 20200588. Notice is 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 and action on the petition for writ of
error coram nobis was filed
under Rule 27(b) on this date.
Order Granting Petition for Review
No. 21-0030/AF. U.S. v. Kalab D. Willman. CCA 39642. 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 LOWER COURT ERRED WHEN IT RULED THAT IT COULD NOT CONSIDER EVIDENCE OUTSIDE
THE RECORD TO DETERMINE SENTENCE APPROPRIATENESS UNDER ARTICLE 66(c).
Briefs
will be filed under Rule 25.
Interlocutory Order
No.
21-0085/AR. U.S. v. John T. Long. CCA 20150160. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted
to January 11, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
December 18, 2020
Petitions for Grant of Review Filed
No.
21-0084/AR. U.S. v. Tristan N. Megaw. CCA 20190028.
No.
21-0085/AR. U.S. v. John T. Long. CCA 20150160.
No.
21-0086/AR. U.S. v. Ronald C. Givens. CCA 20190132.
No.
21-0087/AR. U.S. v. Duggan F. Myron. CCA 20200017.
Interlocutory Order
No.
21-0076/MC. U.S. v. James A. Hale III. CCA 201600015. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to January 19, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
December 17, 2020
Petitions for Grant of Review Filed
No.
21-0082/AR. U.S. v. Charles S. Gergel. CCA 20190741.
No.
21-0083/AR. U.S. v. Sagar Patel. CCA 20190797.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 16, 2020
Petition for Grant of Review Filed
No.
21-0081/AR. U.S. v. Brian W. Adams. CCA 20190684.
Order Granting Petition for Review
No. 21-0062/AR. U.S. v. Fernando
Quinones-Colon, Jr. CCA 20200093. 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 JURISDICTION UNDER ARTICLE 66, UCMJ.
No
briefs will be filed under Rule 25.
Interlocutory Order
No.
21-0080/AF. U.S. v. Jenna E. Shouey. CCA 39684.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to January 4, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 15, 2020
Petition for Grant of Review Filed
No.
21-0080/AF. U.S. v. Jenna E. Shouey. CCA 39684.
Petitions for Grant of Review Denied
No.
20-0331/AR. U.S. v. James R. Butler III. CCA 20180385.
No.
21-0047/AF. U.S. v. Alexander D. Sherwood. CCA S32582.
Interlocutory Orders
No.
21-0060/NA. U.S. v. Misael Roman-Morales. CCA 202000049. Appellant' motion to
extend time to file the supplement to the petition for grant of review is
granted to January 4, 2021.
No.
21-0076/MC. U.S. v. James A. Hale III. CCA 201600015. On consideration of the
motion filed by Lieutenant Michael W. Wester 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,
December 11, 2020
Petition for Grant of Review Filed
No.
21-0079/AR. U.S. v. Lawrence T. Bostic. CCA 20200234.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
December 10, 2020
Petition for Grant of Review Filed
No.
21-0078/AR. U.S. v. Montana J. Miller. CCA 20190597.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 9, 2020
Petitions for Grant of Review Denied
No.
20-0347/MC. U.S. v. Matthew P. Hoffmann. CCA 201400067.
No.
21-0001/AF. U.S. v. Yogendra Rambharose. CCA 38769.
No.
21-0012/AF. U.S. v. Antonio V. Simon. CCA S32569.
No.
21-0013/AR. U.S. v. Brett A. Robbins. CCA 20190786.
No.
21-0014/AF. U.S. v. David R. Kane. CCA 39590.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 8, 2020
Interlocutory Order
No. 20-0217/NA/No. 20-0327/NA. United States, Appellee/Cross-Appellant
v. Stephen A. Begani, Appellant/Cross-Appellee. CCA 201800082. On consideration of
the motion to file an out-of-time petition for reconsideration and the petition
for reconsideration, it is ordered that said motion to file an out-of-time
petition for reconsideration is granted, and the petition for reconsideration
is granted on the following issue:
WHETHER FLEET
RESERVISTS HAVE A SUFFICIENT CURRENT CONNECTION TO THE MILITARY FOR CONGRESS TO
SUBJECT THEM TO CONSTANT UCMJ JURISDICTION.
Briefs will be filed
under Rule 25.*
*
Judge Sparks is recused and did not participate.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
December 7, 2020
Interlocutory Orders
No.
21-0018/AF. U.S. v. Damon P. Linck. CCA 39627. Appellee's motion to examine
sealed materials is granted.
No.
21-0076/MC. U.S. v. James A. Hale III. CCA 201600015. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to December 28, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
December 4, 2020
Petitions for Grant of Review Filed
No.
21-0073/AR. U.S. v. Michael R. Parma. CCA 20200119.
No.
21-0074/AR. U.S. v. James B. Riley. CCA 20190222.
No.
21-0075/AR. U.S. v. David N. Mayhugh. CCA 20200094.
No.
21-0076/MC. U.S. v. James A. Hale III. CCA 201600015.
No.
21-0077/AR. U.S. v. Torrian D. Ollie. CCA 20200074.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
December 3, 2020
Order Granting Petition for Review
No. 20-0366/AR. U.S. v. Thomas M. Adams.
CCA 20130693.
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 2016 AMENDMENTS TO ARTICLE 43, UCMJ, RETROACTIVELY MADE THE STATUTE OF
LIMITATIONS FIVE YEARS FOR INDECENT LIBERTIES AND SODOMY OFFENSES CHARGED UNDER
ARTICLES 134 AND 125, UCMJ, RESPECTIVELY.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
December 2, 2020
Petition for Grant of Review Filed
No.
21-0072/AR. U.S. v. Corey D. Haggard. CCA 20190131.
Interlocutory Order
No.
21-0029/AR. U. S. v. Robert L. Worsham. CCA 20180552. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to December 7, 2020.
Hearing
No.
20-0142/CG. U.S. v. Koda M. Harpole. CCA 1420.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
December 1, 2020
Petition for Grant of Review Filed
No.
21-0071/AR. U.S. v. Austin D. Roberts. CCA 20200310.
Petitions for Grant of Review Denied
No.
21-0002/AR. U.S. v. Danny E. Stanley. CCA 20190034.
No.
21-0010/AF. U.S. v. Nicholas A. Matichuk. CCA S32611.
No.
21-0032/AR. U.S. v. Kenyatta A. Chapman. CCA 20200378.
No.
21-0033/AR. U.S. v. Dylan C. Meche. CCA 20200265.
No.
21-0038/AR. U.S. v. Antonio Chavez. CCA 20190592.
No.
21-0039/AF. U.S. v. James P. Ward. CCA 39648.
Orders Granting Petition for Review
No. 20-0195/AR. U.S. v. Jeremy N.
Navarette. CCA 20160786. 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
erroneously denied appellant's request for a post-trial R.C.M. 706 Inquiry by
requirING a heightened threshold showing under R.C.M. 1203.
Briefs
will be filed under Rule 25.
No. 21-0017/AR. U.S. v. Clovis H.
Castro. CCA 20190408.
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 MILITARY JUDGE ABUSED HIS DISCRETION IN ACCEPTING APPELLANT'S GUILTY PLEA
TO SPECIFICATION 1 OF CHARGE II ("STEAL GAS, OF A VALUE LESS THAN $500, THE
PROPERTY OF THE GENERAL SERVICES ADMINISTRATION").
Briefs
will be filed under Rule 25.
No. 21-0040/AR. U.S. v. Leshan Jones.
CCA 20190254.
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 specified issue:
WHETHER
THE CONVENING AUTHORITY'S FAILURE TO TAKE ACTION ON THE SENTENCE DEPRIVED THE
ARMY COURT OF JURISDICTION UNDER ARTICLE 66, UCMJ.
No
briefs will be filed under Rule 25.
Interlocutory Orders
No.
21-0006/AR. U.S. v. James E. Hopkins. CCA 20140913. Appellant's motion to
submit matters pursuant to United States
v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.
No.
21-0068/MC. U.S. v. Maurice J. Lewis. CCA 201900048. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to December 21, 2020.
No.
21-0069/AF. U.S. v. Jerard Simmons. CCA 39342. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
December 21, 2020.
No.
21-0069/AF. U.S. v. Jerard Simmons. CCA 39342. Appellant's motion to view
sealed material is granted.
No.
21-0070/MC. U.S. v. Tomas Rocha, Jr. CCA 201900078. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to December 21, 2020.
Hearings
No.
20-0176/NA. U.S. v. Darrius D. Upshaw. CCA 201600053.
No.
20-0267/AF. U.S. v. Ryan G. Uribe. CCA 39559.
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