UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 29, 2020
Petition for Grant of Review Filed
No.
20-0287/AR. U.S. v. Nathaniel Martin, Jr. CCA 20180495.
Order Granting Petition for Review
No. 20-0221/MC. U.S. v. Thomas E. Mader III. CCA 201800276. 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 granted on the following
issue:
CONSENT
IS A DEFENSE TO ASSAULT CONSUMMATED BY A BATTERY. THE LOWER COURT FOUND THAT
EVEN THOUGH APPELLANT HAD MISTAKENLY BELIEVED OTHER MARINES CONSENTED, NO
PERSON IN ANY SIMILAR CIRCUMSTANCES COULD EVER LAWFULLY CONSENT. DID THE LOWER
COURT ERR?
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
20-0274/NA. U.S. v. Eduardo A. Herrera. CCA 201800062. On consideration of the
motion filed by Lieutenant Daniel E. Rosinski, 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.
20-0277/MC. U.S. v. Jose E. Araujo, Jr. CCA 201900102. On consideration of the
motion filed by Major Thomas R. Fricton, 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.
20-0284/AR. U.S. v. Gary Hemmingsen. CCA 20180611.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to July 20, 2020.
No.
20-0286/AF. U.S. v. Jacob M. Ozbirn. CCA 39556.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to July 20, 2020.
No.
20-0287/AR. U.S. v. Nathaniel Martin, Jr. CCA 20180495. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to July 20, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 26, 2020
Petition for Grant of Review Filed
No.
20-0286/AF. U.S. v. Jacob M. Ozbirn. CCA 39556.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 25, 2020
Petitions for Grant of Review Filed
No.
20-0283/AR. U.S. v. Kyle A. Narburgh. CCA 20190143.
No.
20-0284/AR. U.S. v. Gary Hemmingsen. CCA 20180611.
No.
20-0285/AR. U.S. v. Travis M. Murphy. CCA 20200179.
Order Granting Petition for Review
No. 20-0217/NA. U.S. v. Stephen A.
Begani. CCA 201800082.
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 issue:
WHETHER
ARTICLE 2, UCMJ, VIOLATES APPELLANT'S RIGHT TO EQUAL PROTECTION WHERE IT
SUBJECTS THE CONDUCT OF ALL FLEET RESERVISTS TO CONSTANT UCMJ JURISDICTION, BUT
DOES NOT SUBJECT RETIRED RESERVISTS TO SUCH JURISDICTION.
Briefs
will be filed under Rule 25.
Interlocutory Order
No.
19-0198/NA. U.S. v. Willie C. Jeter. CCA 201700248. On consideration of the
motion filed by Major Thomas R. Fricton, 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
Wednesday,
June 24, 2020
Petitions for Grant of Review Denied
No.
20-0228/AR. U.S. v. Jevante T. Jackson. CCA 20190553.
No.
20-0242/AF. U.S. v. DeShawn B. Haas. CCA S32604.
Appeal - Summary Disposition
No. 19-0198/NA. U.S. v. Willie C. Jeter.
CCA 201700248.
On consideration of the granted issues, the record in this case, and the
opinion of this Court in United States v.
Bess, __ M.J. __ (C.A.A.F. May 14, 2020), it is ordered that the judgment
of the United States Navy-Marine Corps Court of Criminal Appeals is vacated and
the case is remanded to that Court for further consideration in light of Bess.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 23, 2020
Petition for Grant of Review Filed
No.
20-0282/AR. U.S. v. Carnell J. Lawson. CCA 20180668.
Petition for Grant of Review - Summary
Disposition
No. 20-0232/AR. U.S. v. Christopher B.
Hukill. CCA 20140939.
On consideration of Appellant's petition for grant of review of the decision of
the United States Army Court of Criminal Appeals, we note that in affirming the
sentence, the Court of Criminal Appeals stated that the approved sentence
included confinement for four years when in fact the adjudged and approved
sentence included confinement for two years. Accordingly, it is ordered that
the petition is hereby granted, and the decision of the United States Army
Court of Criminal Appeals is affirmed as to findings and to only so much of the
sentence as provides for reduction to pay grade E-1, forfeiture of all pay and
allowances, confinement for two years, and a bad-conduct discharge.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 22, 2020
Petition for Grant of Review Filed
No.
20-0281/AR. U.S. v. Devyn K. Tyler. CCA 20190450.
Interlocutory Orders
No.
20-0176/NA. U.S. v. Darrius D. Upshaw. CCA 201600053. Appellant's motion to
extend time to file a brief and the joint appendix is granted to July 15, 2020.
No.
20-0279/AR. U.S. v. Scott Ha. CCA 20180347. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to July
13, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 19, 2020
Petition for Grant of Review Filed
No.
20-0279/AR. U.S. v. Scott Ha. CCA 20180347.
Miscellaneous Docket - Filing
No.
20-0280/AF. Charles A. Wilson III, Petitioner v. The United States Air Force
Court of Criminal Appeals, Respondent. CCA 39387. Notice is hereby given that a
petition for extraordinary relief in the nature of a writ of prohibition or, in
the alternative, a writ of mandamus was filed under Rule 27(a) on this date.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 18, 2020
Petition for Grant of Review Filed
No.
20-0278/AR. U.S. v. Charles T. Gary. CCA 20190691.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 17, 2020
Petitions for Grant of Review Denied
No.
20-0211/AF. U.S. v. Daniel N. Lee. CCA 39531.
No.
20-0234/AR. U.S. v. Anthony E. Prettyman. CCA
20190447.
No.
20-0235/AR. U.S. v. Marcus S. Jones. CCA 20190271.
No.
20-0237/AR. U.S. v. Derrick R. Vines. CCA 20190103.
Miscellaneous Docket - Filing
No.
20-0276/AR. Scott R. Hockenberry, Appellant v. Tyesha
L. Smith, Colonel, United States Army, Appellee and United States, Real Party
in Interest . CCA 20200289. Notice is hereby 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 in the nature of a writ of mandamus was
filed under Rule 27(b), together with a motion to stay proceedings on this date.
Miscellaneous Docket - Summary
Disposition
No. 20-0276/AR. Scott R. Hockenberry, Appellant v. Tyesha L. Smith, Colonel, United
States Army, Appellee and United States, Real Party in Interest . CCA 20200289. On consideration of
the writ-appeal petition and motion to stay trial proceedings, it is ordered
that the motion to stay trial proceedings is denied, and the writ-appeal is denied
without prejudice to raising the R.C.M. 405 issue during the normal course of
appellate review.
Interlocutory Order
No.
20-0277/MC. U.S. v. Jose Araujo. CCA 201900102. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
July 7, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 16, 2020
Petition for Grant of Review Filed
No.
20-0277/MC. U.S. v. Jose Araujo. CCA 201900102.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 15, 2020
Petitions for Grant of Review Filed
No.
20-0274/NA. U.S. v. Eduardo A. Herrera. CCA 201800062.
No.
20-0275/AR. U.S. v. Ryan D. McDonald. CCA 20180387.
Interlocutory Orders
No.
20-0033/AR. U.S. v. Thomas Ayala. CCA 20170336. Appellant's second motion to
extend time to file a brief is granted to June 30, 2020.
No.
20-0239/NA. U.S. v. Thomas J. Smetanka. CCA 201900252. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to July 6, 2020.
No.
20-0252/AF. U.S. v. Rodney M. Tyler. CCA 39572. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is granted
to July 6, 2020.
No.
20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to July 6, 2020.
No.
20-0271/AR. U.S. v. Douglas W. Knighton. CCA 20180106. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to July 6, 2020.
No.
20-0272/AF. U.S. v. Camen J. Scilluffo. CCA 39539. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 19, 2020.
No.
20-0274/NA. U.S. v. Eduardo A. Herrera. CCA 201800062. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to July 6, 2020.
Mandates Issued
No.
19-0252/AR. U.S. v. Tyler Washington. CCA 20170329.
No.
19-0377/MC. U.S. v. Nicholas S. Baas. CCA 201700318.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 12, 2020
Petitions for Grant of Review Filed
No.
20-0270/NA. U.S. v. Zsavior A. Hodnett.
CCA 201900285.
No.
20-0271/AR. U.S. v. Douglas W. Knighton. CCA
20180106.
No.
20-0272/AF. U.S. v. Camen J. Scilluffo.
CCA 39539.
No.
20-0273/AR. U.S. v. Christopher H. Hogan. CCA 20190509.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 11, 2020
Petitions for Grant of Review Filed
No.
20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268.
No.
20-0269/AR. U.S. v. Antonio Ruelas. CCA 20190310.
Interlocutory Orders
No.
19-0384/AR. U.S. v. Michael J. Guinn. CCA 20170500. Appellant's motion to
extend time to file a brief is granted to July 13, 2020.
No.
20-0267/AF. U.S. v. Ryan G. Uribe. CCA 39559. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to July
1, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 10, 2020
Petition for Grant of Review Filed
No.
20-0267/AF. U.S. v. Ryan G. Uribe. CCA 39559.
Petitions for Grant of Review Denied
No.
20-0182/AF. U.S. v. Jason W. Cherry. CCA 39412.
No.
20-0204/AR. U.S. v. David E. Padgett. CCA 20180306.
No.
20-0213/AF. U.S. v. Wynton N. Warren. CCA S32565.
No.
20-0224/AR. U.S. v. Javier D. Gonzales. CCA 20180388.
No.
20-0225/AR. U.S. v. Nicholas A. Bond. CCA 20190808.
No.
20-0226/AR. U.S. v. Andrew B. Stomski. CCA 20190454.
No.
20-0229/AR. U.S. v. Carlos Lumbreras. CCA 20190599.
No.
20-0230/AF. U.S. v. Deshiloh J. Martino. CCA S32511.
Petition for Grant of Review - Summary
Disposition
No. 19-0365/AR. U.S. v. Jason A. Scott.
CCA 20170242.
On further consideration of the granted issue, 79 M.J. 308 (C.A.A.F. 2019),
Appellee's motion to dismiss the granted petition, and appellant defense
counsel's failure on multiple occasions to file a brief on behalf of Appellant
as ordered by this Court, it is ordered that the grant of review is vacated, that
the petition for grant of review is denied, and the motion to dismiss is denied
as moot.
Appeal - Summary Disposition
No. 20-0047/AR. U.S. v. Jacob G. Griego. CCA 20160487. On consideration of the granted issue (79
M.J. 319 (C.A.A.F. Feb. 12, 2020)), the record in this case, and the opinions
of this Court in United States v.
Gonzalez, 79 M.J. 466 (C.A.A.F. 2020) and United States v. Wall, 79 M.J. 456 (C.A.A.F. 2020), we conclude
that the lower court prejudicially erred when it acted on Appellant's sentence
after setting aside the convening authority's action. Therefore, it is ordered
that the judgment of the United States Army Court of Criminal Appeals is
affirmed as to the findings but reversed as to the sentence. The case is
returned to the Judge Advocate General of the Army for remand to that court for
further action consistent with this order.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 9, 2020
Petitions for Grant of Review Filed
No.
20-0265/MC. U.S. v. Kevin M. Robinson. CCA 201800297.
No.
20-0266/NA. U.S. v. Elliot Z. Williams. CCA 201900287.
Interlocutory Order
No.
20-0263/MC. U.S. v. Charles L. Davis. CCA 201800258. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to June 29, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 8, 2020
Petitions for Grant of Review Filed
No.
20-0263/MC. U.S. v. Charles L. Davis. CCA 201800258.
No.
20-0264/AR. U.S. v. Lamont R. Holloway. CCA 20190274.
Mandate Issued
No.
19-0178/AR. U.S. v. Robert J. Rice. CCA 20160695.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
June 5, 2020
Mandate Issued
No.
19-0412/AF. U.S. v. Krishil S. Prasad. CCA 39003.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
June 4, 2020
Hearings
No.
19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246.
No.
19-0437/MC. U.S. v. Roberto Armendariz. CCA 201700338.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
June 3, 2020
Petitions for Grant of Review Filed
No.
20-0261/AR. U.S. v. Nicholas E. Notter. CCA 20180503.
No.
20-0262/AF. U.S. v. Kaleb S. Garcia. CCA 2019-07.
Petitions for Grant of Review Denied
No.
20-0193/AR. U.S. v. Blake C. Raymond. CCA 20190359.
No.
20-0203/AF. U.S. v. Alan L. Leiby. CCA 39529.
No.
20-0214/AR. U.S. v. Dominic S. Myers. CCA 20180309.
No.
20-0216/AR. U.S. v. Devron A. Charatain. CCA 20180468.
No.
20-0223/AR. U.S. v. Keshawn L. Dixon. CCA 20190323.
Hearings
No.
19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704.
No.
20-0071/AF. U.S. v. Jason M. Blackburn. CCA 39397.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
June 2, 2020
Interlocutory Order
No.
20-0260/AR. U.S. v. Christopher B. Maxwell. CCA 20180542. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to June 22, 2020.
Hearing
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
June 1, 2020
Interlocutory Order
No.
19-0104/AR. U.S. v. Nicholas E. Davis. CCA 20160069. On consideration of Appellant's motion to file
a petition for reconsideration out of time and the petition for
reconsideration, it is ordered that the motion is denied, and the petition is
dismissed as moot.
Mandate Issued
No.
19-0086/NA. U.S. v. Pedro M. Bess, Jr. CCA 201300311.
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