UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 31, 2021

 

Petitions for Grant of Review Denied

 

No. 21-0299/MC. U.S. v. Yusif M. McCall. CCA 201900225.

No. 21-0305/AF. U.S. v. Abrom Smith IV. CCA 39816.

No. 21-0307/AF. U.S. v. Daniel G. Helpingstine. CCA 39886.

 

Petition for Grant of Review - Summary Disposition

 

No. 21-0155/AR. U.S. v. Omar A. Hernandez. CCA 20160217. On consideration of Appellant's 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, and the decision of the United States Army Court of Criminal Appeals is affirmed.*

 

* It is directed that Specification 4 of Charge III in the promulgating order dated 18 November 2016 be corrected by deleting the words "cause sexual commit" and substituting the words "commit sexual contact."

 

Miscellaneous Docket - Summary Disposition

 

No. 21-0327/AR. Ramon M. Marrero, Appellant v. United States, Appellee. CCA 20210358. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is dismissed for lack of jurisdiction.

 

Order Granting Petition for Review

 

No. 21-0304/MC. U.S. v. Christopher J. Nelson. CCA 202000108. 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:

 

DID THE MILITARY JUDGE AND THE COURT BELOW ERR IN FINDING THAT APPELLANT VOLUNTARILY PROVIDED HIS SMART PHONE PASSCODE TO LAW ENFORCEMENT WHEN THE LAW ENFORCEMENT OFFICIAL CONDUCTING THE INTERROGATION ASSERTED THAT HE POSSESSED A SEARCH AUTHORIZATION FOR THE PHONE AND APPELLANT ONLY PROVIDED HIS PASSCODE BECAUSE APPELLANT BELIEVED HE HAD "NO CHOICE?"

 

Briefs will be filed under Rule 25.

 

Interlocutory Order

 

No. 21-0264/NA. U.S. v. Ray D. Braimer. CCA 201900271. Appellee's motion to file a 10-day answer letter out of time is denied.

 

Mandate Issued

 

No. 21-0137/AF. U.S. v. Robert J. Hernandez. CCA 39606.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 30, 2021

 

Interlocutory Orders

 

No. 21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. Appellee's motion to extend time to file a brief is granted to September 24, 2021.

 

No. 21-0348/AR. U.S. v. Martin Q. Benson. CCA 20190201. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 20, 2021.

 

No. 21-0350/MC. U.S. v. Lascelles F. Chambers. CCA 201900341. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 20, 2021.

 

No. 21-0351/AR. U.S. v. Devon S. Ross. CCA 20200286. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 20, 2021.

 

No. 21-0352/MC. U.S. v. Stephen M. Casuso. CCA 202000114. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 20, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 27, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0349/AR. U.S. v. Wendell W. Carpenter IV. CCA 20200397.

No. 21-0350/MC. U.S. v. Lascelles F. Chambers. CCA 201900341.

No. 21-0351/AR. U.S. v. Devon S. Ross. CCA 20200286.

No. 21-0352/MC. U.S. v. Stephen M. Casuso. CCA 202000114.

No. 21-0353/AR. U.S. v. Jaquez R. Davis. CCA 20200463.

 

Mandate Issued

 

No. 20-0195/AR. U.S. v. Jeremy N. Navarette. CCA 20160786.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 26, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0342/AR. U.S. v. Tyler D. Morgan. CCA 20200247.

No. 21-0343/AR. U.S. v. Michael J. Hale. CCA 20200468.

No. 21-0344/AR. U.S. v. Stephen M. Holtsclaw. CCA 20200141.

No. 21-0345/AR. U.S. v. Keyshawn T. Eller. CCA 20210085.

No. 21-0346/AR. U.S. v. Samuel W. Lester. CCA 20190345.

No. 21-0347/AR. U.S. v. Christopher S. Stevick. CCA 20200577.

No. 21-0348/AR. U.S. v. Martin Q. Benson. CCA 20190201.

 

Interlocutory Orders

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of Appellant's and Appellee's motion to file petitions for reconsideration of this Court's decision, United States v. Jacinto, 81 M.J. __, (C.A.A.F. July 15, 2021), and the motion from Protect Our Defenders as amicus curiae filed in support of Appellee's petition for reconsideration, it is ordered that the motion of Protect Our Defenders to file an amicus curiae memorandum is denied, that Appellee's petition for reconsideration is denied, that Appellant's petition for reconsideration is denied in part and granted in part, and that pursuant to the granted portion: that footnote 13 of the subject opinion is modified to read, "Because of the standard of review, any medical or psychiatric records that were generated after the convening authority's action are not relevant for appellate review of the granted issues."

 

No. 21-0341/AF. U.S. v. Daniel A. Bench. CCA 39797. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 15, 2021.

 

No. 21-0346/AR. U.S. v. Samuel W. Lester. CCA 20190345. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 15, 2021.

 

Mandate Issued

 

No. 21-0111/AR. U.S. v. Jesse M. Thompson. CCA 20180519.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 25, 2021

 

Petition for Grant of Review Filed

 

No. 21-0341/AF. U.S. v. Daniel A. Bench. CCA 39797.

 

Interlocutory Orders

 

No. 21-0324/AR. U.S. v. David T. Burgin. CCA 20200204. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to September 15, 2021.

 

No. 21-0339/AF. U.S. v. Khalil R. Norman. CCA S32608. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 14, 2021.

 

No. 21-0340/MC. U.S. v. Mitchell R. Nobis. CCA 202100010. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 14, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 24, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0338/AR. U.S. v. Shane M. Kriete. CCA 20200500.

No. 21-0339/AF. U.S. v. Khalil R. Norman. CCA S32608.

No. 21-0340/MC. U.S. v. Mitchell R. Nobis. CCA 202100010.

 

Miscellaneous Docket - Summary Disposition

 

No. 21-0331/MC. In re Jasper Casey. On consideration of the petition for extraordinary relief in the nature of writ of mandamus and prohibition, Petitioner's motion for an emergency stay of the Navy-Marine Corps Court of Criminal Appeals order, and Respondent's motion to return the joint appendix, it is ordered that motion for an emergency stay of the Navy-Marine Corps Court of Criminal Appeals order is denied, that the petition for extraordinary relief is denied, and the motion to return the joint appendix is denied as moot.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 23, 2021

 

Petition for Grant of Review Filed

 

No. 21-0337/NA. U.S. v. Shannon M. Davis. CCA 202000022.

 

Petitions for Grant of Review Denied

 

No. 21-0256/NA. U.S. v. Andrew M. Garrett. CCA 202000028.

No. 21-0286/AF. U.S. v. Armis J. Sunday. CCA 39760.

No. 21-0301/AR. U.S. v. Brian K. Hollenbeck. CCA 20170237.

 

Miscellaneous Docket - Filing

 

No. 21-0336/AF. In re David H. Juillerat. CCA 34205. Notice is given that a petition for extraordinary relief in the nature of writ of error coram nobis, habeas corpus, mandamus, and request for clarification was filed under Rule 27(a) on this date.

 

Interlocutory Orders

 

No. 21-0323/NA. U.S. v. Chevaux Dawkins. CCA 201800057. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to September 9, 2021.

 

No. 21-0335/NA. U.S. v. Davionshante E. Chism. CCA 202000037. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 13, 2021.

 

No. 21-0337/NA. U.S. v. Shannon M. Davis. CCA 202000022. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 13, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 20, 2021

 

Petition for Grant of Review Filed

 

No. 21-0335/NA. U.S. v. Davionshante E. Chism. CCA 202000037.

 

Mandate Issued

 

No. 21-0042/AR. U.S. v. Danny L. McPherson. CCA 20180214.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 19, 2021

 

Petition for Grant of Review Filed

 

No. 21-0334/AF. U.S. v. Jackie Garrett III. CCA 39840.

 

Interlocutory Order

 

No. 21-0334/AF. U.S. v. Jackie Garrett III. CCA 39840. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 8, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 18, 2021

 

Miscellaneous Docket - Filing

 

No. 21-0333/NA. Rene Trujillo, Appellant v. United States, Appellee. CCA 9100502. Notice is given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b), together with a motion to file the writ-appeal petition out of time and a motion to file the writ-appeal petition under seal, on this date. Further action on the petition shall be held in abeyance pending the Court's final action on the motions.

 

Interlocutory Orders

 

No. 21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043. Appellant's motion to extend time to file a reply brief is granted to August 30, 2021.

 

No. 21-0318/AR. U.S. v. Sven M. Council. CCA 20190321. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted to August 26, 2021, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 21-0332/AF. U.S. v. Nicholas D. Walker. CCA 39745. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 8, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 17, 2021

 

Petition for Grant of Review Filed

 

No. 21-0332/AF. U.S. v. Nicholas D. Walker. CCA 39745.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 16, 2021

 

Miscellaneous Docket - Filing

 

No. 21-0331/MC. In re Jasper Casey. Notice is given that a petition for extraordinary relief in the nature of writ of mandamus and prohibition was filed under Rule 27(a), together with a motion for an emergency stay of the Navy-Marine Corps Court of Criminal Appeals order, on this date. Further action on the petition shall be held in abeyance pending the Court's final action on the motion.

 

Interlocutory Order

 

No. 21-0330/MC. U.S. v. Dylan R. Spykerman. CCA 202000043. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 7, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 13, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0329/AR. U.S. v. Jacob A. Strickland. CCA 20200167.

No. 21-0330/MC. U.S. v. Dylan R. Spykerman. CCA 202000043.

 

Interlocutory Orders

 

No. 21-0222/NA. United States, Appellant v. Chase T. Miller, Appellee. CCA 201900234. Appellee's second motion to extend time to file a brief is granted to September 7, 2021.

 

No. 21-0329/AR. U.S. v. Jacob A. Strickland. CCA 20200167. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 2, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 12, 2021

 

Petitions for Grant of Review Denied

 

No. 21-0267/AR. U.S. v. Mark W. Christensen. CCA 20190197.

No. 21-0270/AR. U.S. v. Alec J. Olson. CCA 20190267.

No. 21-0279/AR. U.S. v. Nigua J. Mack. CCA 20200331.

 

Interlocutory Order

 

No. 21-0149/NA. United States, Appellee/Cross-Appellant v. Paul E. Cooper, Appellant/Cross-Appellee. CCA 201500039. Appellee/Cross-Appellant's motion to extend time to file a brief is granted to September 8, 2021.

 

Mandate Issued

 

No. 21-0085/AR. U.S. v. John T. Long. CCA 20150160.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 11, 2021

 

Miscellaneous Docket - Filing

 

No. 21-0328/AF. In re Mariano L. Jackson. CCA 39955. Notice is 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

Tuesday, August 10, 2021

 

Petitions for Grant of Review Denied

 

No. 21-0249/AF. U.S. v. Brian S. Arnold. CCA 39479.

No. 21-0251/AR. U.S. v. Jacob B. Weber. CCA 20190707.

No. 21-0262/AF. U.S. v. Zachary W. Rothe. CCA 39817.

No. 21-0288/NA. U.S. v. Michael B. Powell. CCA 201900280.

 

Appeals Summary Dispositions

 

No. 21-0130/AF. U.S. v. Clayton W. Turner. CCA 39706. On further consideration of the granted issue (81 M.J. __ (C.A.A.F. March 15, 2021)), and in view of United States v. Willman, 81 M.J. __ (C.A.A.F. July 21, 2021), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

No. 21-0135/AF. U.S. v. D'Andre M. Johnson. CCA 39676. On further consideration of the granted issues (81 M.J. __ (C.A.A.F. April 14, 2021)), and in view of United States v. Willman, 81 M.J. __ (C.A.A.F. July 21, 2021), we note that in its sentence appropriateness review, the United States Air Force Court of Criminal Appeals erred in failing to consider additional information about Appellant's post-trial confinement conditions even though Appellant had raised the matter in his clemency response to the convening authority. Appellate courts may "consider affidavits and gather additional facts through a DuBay hearing when doing so is necessary for resolving issues raised by materials in the record." United States v. Jessie, 79 M.J. 437, 444 (C.A.A.F. 2020). In United States v. Tyler, 81 M.J. 108 (C.A.A.F. 2021), we held that either party may comment on properly admitted unsworn victim statements. Therefore, the military judge did not plainly err in permitting trial counsel to present argument based on the victim's unsworn statement. Accordingly, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed as to findings but reversed as to sentence, and the record of trial is returned to the Judge Advocate General of the Air Force for further review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866. Thereafter, Article 67, UCMJ, 10 U.S.C. 867, shall apply.

 

No. 21-0146/AF. U.S. v. Cory J. Frantz. CCA 39657. On further consideration of the granted issue (81 M.J. __ (C.A.A.F. March 23, 2021)), and in view of United States v. Willman, 81 M.J. __ (C.A.A.F. July 21, 2021), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.

 

No. 21-0243/AF. U.S. v. Derrick O. Williams. CCA 39746. On further consideration of the granted issue (81 M.J. __ (C.A.A.F. June 25, 2021)), and in view of United States v. Willman, 81 M.J. __ (C.A.A.F. July 21, 2021), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.

 

Order Granting Petition for Review

 

No. 21-0216/NA. U.S. v. Joseph R. Nelson. CCA 201900239. 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:

 

ARTICLE 31(d), UCMJ REQUIRES SUPPRESSION OF STATEMENTS TAKEN IN VIOLATION OF ARTICLE 31(b). AFTER THE MILITARY JUDGE DETERMINED THAT NCIS AGENTS VIOLATED ARTICLE 31(b) BECAUSE THEIR RIGHTS ADVISEMENT DID NOT PROPERLY ORIENT APPELLANT TO THE NATURE OF THE SUSPECTED MISCONDUCT, DID THE MILITARY JUDGE ERR BY ONLY SUPPRESSING THE STATEMENT AS IT RELATED TO ONE SPECIFIC OFFENSE, BUT THEN ALLOWING THE EVIDENCE TO BE ADMITTED FOR THE REMAINDER OF THE OFFENSES?

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 9, 2021

 

Petitions for Grant of Review Denied

 

No. 21-0214/AF. U.S. v. Gregory C.S. Merritt II. CCA 39754.

No. 21-0247/AR. U.S. v. Elias Medina. CCA 20190628.

No. 21-0277/AR. U.S. v. Jose G. Ramos. CCA 20200291.

No. 21-0285/AF. U.S. S. Travis S. Beck, Jr. CCA 39793.

No. 21-0289/AR. U.S. v. Vanessa L. Lancaster. CCA 20190852.

No. 21-0298/AR. U.S. v. Justin L. Obbink. CCA 20200433.

 

Interlocutory Orders

 

No. 21-0317/AR. U.S. v. Daniel B. Browning. CCA 20200084. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to August 19, 2021.

 

No. 21-0318/AR. U.S. v. Sven M. Council. CCA 20190321. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to August 19, 2021.

 

No. 21-0325/AR. U.S. v. Leeroy M. Sigrah. CCA 20190556. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 30, 2021.

 

Mandate Issued

 

No. 21-0030/AF. U.S. v. Kalab D. Willman. CCA 39642.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 6, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0325/AR. U.S. v. Leeroy M. Sigrah. CCA 20190556.

No. 21-0326/NA. U.S. v. Kenneth Olaya. CCA 201900211.

 

Miscellaneous Docket - Filing

 

No. 21-0327/AR. Ramon M. Marrero, Appellant v. United States, Appellee. CCA 20210358. 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 in the nature of a writ of coram nobis was filed under Rule 27(b) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 5, 2021

 

Petition for Grant of Review Filed

 

No. 21-0324/AR. U.S. v. David T. Burgin. CCA 20200204.

 

Order Granting Petition for Review

 

No. 21-0235/AR. U.S. v. David C. Tate. CCA 20180477. 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 TRANSCRIPT OF APPELLANT'S TRIAL IS SUBSTANTIALLY VERBATIM.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. Appellant's motion to file a brief under seal is granted.

 

No. 21-0316/AR. U.S. v. Nicholas D. Hayes. CCA 20190834. Appellant's motion to supplement the record is granted.

 

No. 21-0323/NA. U.S. v. Cheveaux Dawkins. CCA 201800057. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 25, 2021.

 

No. 21-0324/AR. U.S. v. David T. Burgin. CCA 20200204. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 25, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 4, 2021

 

Petition for Grant of Review Filed

 

No. 21-0323/NA. U.S. v. Cheveaux Dawkins. CCA 201800057.

 

Interlocutory Order

 

No. 21-0322/AR. U.S. v. Payton K. Cork. CCA 20200418. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 24, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 3, 2021

 

Petition for Grant of Review Filed

 

No. 21-0322/AR. U.S. v. Payton K. Cork. CCA 20200418.

 

Petitions for Grant of Review Denied

 

No. 21-0172/MC. U.S. v. Timothy A. Irvin. CCA 201900174.

No. 21-0230/AR. U.S. v. Jason M. Sartori. CCA 20190052.

No. 21-0271/MC. U.S. v. Malcolm E. Speight. CCA 202000099.

No. 21-0280/AR. U.S. v. Mark J. Meneses. CCA 20190636.

No. 21-0284/AF. U.S. v. Ryne M. Seeto. CCA 39247.

No. 21-0303/AF. U.S. v. Cody W. Stefanek. CCA 39895.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 2, 2021

 

Notice

 

In Re Court Vacancy. Article 142 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. 942 (2018), authorizes the appointment of five judges to serve on the Court. One of the positions is vacant. Unless the Court issues a notice that a senior judge or an Article III judge will perform judicial duties, the four judges in active service will perform the functions of the Court. See Articles 142 and 144, UCMJ, 10 U.S.C. 942, 944, and C.A.A.F. Rule 6(a).



Home Page |  Opinions & Digest  |  Daily Journal  |  Scheduled Hearings  |  Search Site