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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