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).
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