UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 29, 2021

 

Petition for Grant of Review Filed

 

No. 21-0138/NA. U.S. v. Calvin Halfacre. CCA 201900210.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 28, 2021

 

Certificate for Review Filed

 

No. 21-0137/AF. United States, Appellant v. Robert J. Hernandez, Appellee. CCA 39606. Notice is given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

 

WHETHER APPELLEE WAIVED A CHALLENGE TO THE SEARCH AUTHORIZATION FOR HIS URINE ON THE BASIS OF KNOWING AND INTENTIONAL FALSITY OR RECKLESS DISREGARD FOR THE TRUTH.

 

WHETHER THE MILITARY JUDGE PROPERLY ADMITTED EVIDENCE OF APPELLEE'S URINALYSIS.

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 1st day of March, 2021.

 

Interlocutory Order

 

No. 21-0136/AF. U.S. v. Zhermie R. Toledo. CCA 39232. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 17, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 27, 2021

 

Petition for Grant of Review Filed

 

No. 21-0136/AF. U.S. v. Zhermie R. Toledo. CCA 39232.

 

Petitions for Grant of Review Denied

 

No. 20-0263/MC. U.S. v. Charles L. Davis. CCA 201800258.

No. 20-0357/AF. U.S. v. Barret D. Smith. CCA 39596.

No. 21-0011/AR. U.S. v. Anthony R. Clark II. CCA 20160304.

No. 21-0050/AF. U.S. v. Lawrence J.D. Bowman. CCA 39655.

No. 21-0081/AR. U.S. v. Brian W. Adams. CCA 20190684.

No. 21-0087/AR. U.S. v. Duggan F. Myron. CCA 20200017.

No. 21-0088/AF. U.S. v. Joshua A. Loomis. CCA 39891.

 

Appeal Summary Disposition

 

No. 21-0133/AF. U.S. v. Soren G. Gere. CCA 2020-06. On consideration of the petition for new trial accompanied by a motion to extend time to file a supplement to the petition for new trial, filed by counsel on January 25, 2021, which was docketed under Docket No. 21-0133/AF, and the order granting Appellant's motion to extend time to file the supplement to the petition for new trial issued on January 26, 2021, it is ordered that the order granting Appellant's motion is hereby vacated, and that Docket No. 21-0133/AR is rescinded immediately and will not be assigned to any case in the future.

 

Order Granting Petition for Review

 

No. 21-0066/AR. U.S. v. Alan D. Ross. CCA 20190537. On consideration of the motion to file a supplement exceeding the page and word limits and the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said motion is granted, and the petition is granted on the following assigned issue:

 

WHETHER THE ARMY COURT OF CRIMINAL APPEALS HAD JURISDICTION WHERE THE CONVENING AUTHORITY ELECTED TO TAKE NO ACTION ON THE SENTENCE FOR A SPECIFICATION ALLEGING THE COMMISSION OF AN OFFENSE BEFORE JANUARY 1, 2019.

 

No briefs will be filed under Rule 25.

 

Interlocutory Order

 

No. 21-0135/AF. U.S. v. D'Andre M. Johnson. CCA 39676. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 16, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 26, 2021

 

Petition for Grant of Review Filed

 

No. 21-0135/AF. U.S. v. D'Andre M. Johnson. CCA 39676.

 

Interlocutory Orders

 

No. 21-0099/NA. U.S. v. Kondali A. Kangha. CCA 201900202. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 2, 2021.

 

No. 21-0100/NA. U.S. v. Alejandro E. Ramos. CCA 202000021. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 9, 2021.

 

No. 21-0127/NA. U.S. v. Joseph L. Hunter. CCA 201900154. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 16, 2021.

 

No. 21-0129/NA. U.S. v. Kenneth Olaya. CCA 201900211. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 16, 2021.

 

No. 21-0132/AF. U.S. v. Soren G. Gere. CCA 39697. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 16, 2021.

 

No. 21-0133/AF. U.S. v. Soren G. Gere. CCA 2020-06. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 16, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 25, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0130/AF. U.S. v. Clayton W. Turner. CCA 39706.

No. 21-0131/AR. U.S. v. Logan P. Smith. CCA 20200253.

No. 21-0132/AF. U.S. v. Soren G. Gere. CCA 39697.

No. 21-0134/AR. U.S. v. Luis E. Ramirez. CCA 20190367.

 

Petition for New Trial Filed

 

No. 21-0133/AF. U.S. v. Soren G. Gere. CCA 2020-06. Notice is given that a petition for new trial was filed under Rule 29 on this date. Appellant will file a brief under Rule 29(c) in support of said petition on or before the 24th day of February, 2021.

 

Miscellaneous Docket - Summary Dispositions

 

No. 19-0363/AF. Humphrey Daniels III, Petitioner v. Carl Brobst, Commander, Commanding Officer, Naval Consolidated Brig Charleston, United States Navy, Respondent. CCA 39407. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus and declaratory judgment and the motions for an expedited decision and the motion to supplement the record, it is ordered that the motions are denied, and the petition for extraordinary relief is denied.

 

No. 19-0372/NA. Shannon L. Best, v. Caroline Horton, Colonel, United States Army, in her official capacity as Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas and United States, Appellees. CCA 201600134. On consideration of the writ-appeal petition in light of United States v. Briggs, 141 S. Ct. 467 (2020), it is ordered that said petition is denied.

 

No. 19-0438/AF. Richard D. Collins, Petitioner v. Matthew Donovan, Acting Secretary of the Air Force, Jeffrey A. Rockwell, Lieutenant General, United States Air Force Judge Advocate General, James A. Jacobson, Major General, United States Air Force, Commander, Air Force District of Washington, and United States, Respondents. CCA 39296. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that petition is denied.

 

Appeals Summary Dispositions

 

No. 16-0711/AF. U.S. v. Michael J.D. Briggs. CCA 38730. Upon remand from the Supreme Court of the United States, 141 S. Ct. 467 (2020), and on further consideration of the granted issues, 78 M.J. 106 (C.A.A.F. 2018), it is ordered that this Court's decision of February 22, 2019, 78 M.J. 289 (C.A.A.F. 2019), is vacated, and the decision of the United States Air Force Court of Criminal Appeals is affirmed.

 

No. 19-0052/AF. United States, Appellant v. Richard D. Collins, Appellee. CCA 39296. Upon remand from the Supreme Court of the United States, 141 S. Ct. 467 (2020), and on further consideration of the certified issues, 78 M.J. 190 (C.A.A.F. 2018), in light of United States v. Briggs, 141 S. Ct. 467 (2020), it is ordered that the Court's decisions of March 12, 2019, 78 M.J. 415 (C.A.A.F. 2019), and April 3, 2019, 79 M.J. 31 (C.A.A.F. 2019), are vacated, that the certified issues are moot, that the decision of the United States Air Force Court of Criminal Appeals, 78 M.J. 530 (A.F. Ct. Crim. App. 2018), is reversed, and the record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866 (2012). Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2012), shall apply.

 

No. 19-0345/AF. United States, Appellant v. Humphrey Daniels III, Appellee. CCA 39407. Upon remand from the Supreme Court of the United States, 141 S. Ct. 467 (2020), and on further consideration of the certified issue, 78 M.J. 190 (C.A.A.F. 2018), in light of United States v. Briggs, 141 S. Ct. 467 (2020), it is ordered that this Court's decision of July 22, 2019, 79 M.J. 199 (C.A.A.F. 2019), is vacated, and the certified issue is moot, that the decision of the United States Air Force Court of Criminal Appeals, No. ACM 39407, 2019 CCA LEXIS 261, 2019 WL 2560041 (A.F. Ct. Crim. App. Jun. 18, 2019)(unpublished)), is reversed as to Charge II and its Specification, and, the record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866 (2012). Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2012), shall apply.

 

Interlocutory Orders

 

No. 20-0195/AR. U.S. v. Jeremy N. Navarette. CCA 20160786. Appellant's second motion to extend time to file a brief is granted to January 28, 2021.

 

No. 21-0011/AR. U.S. v. Anthony R. Clark II. CCA 20160304. On consideration of the motion filed by Captain Paul T. Shirk 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. 21-0017/AR. U.S. v. Clovis H. Castro. CCA 20190408. On consideration of the motion filed by Captain Paul T. Shirk 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. 21-0042/AR. U.S. v. Danny L. McPherson. CCA 20180214. On consideration of the motion filed by Captain Paul T. Shirk 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 motion is granted.

 

No. 21-0069/AF. U.S. v. Jerard Simmons. CCA 39342. Appellant's motion to file a corrected supplement to the petition for grant of review is granted.

 

No. 21-0072/AR. U.S. v. Corey D. Haggard. CCA 20190131. On consideration of the motion filed by Captain Paul T. Shirk 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. 21-0098/AR. U.S. v. Andre J. Felton. CCA 20190214. On consideration of the motion filed by Captain Paul T. Shirk 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. 21-0101/MC. U.S. v. Bradley M. Metz. CCA 201900214. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to January 26, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 15, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0127/NA. U.S. v. Joseph L. Hunter. CCA 201900154.

No. 21-0128/AR. U.S. v. Daniel W. Wolfe. CCA 20200209.

No. 21-0129/NA. U.S. v. Kenneth Olaya. CCA 201900211.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 14, 2021

 

Petition for Grant of Review Filed

 

No. 21-0126/AF. U.S. v. James A. Aumont. CCA 39673.

 

Petition for Grant of Review - Summary Disposition

 

No. 21-0070/MC. U.S. v. Tomas Rocha, Jr. CCA 201900078. 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, and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.*

 

* It is noted that the decision of the Court of Criminal Appeals and the Report of Result of Trial incorrectly state that Appellant was convicted of two specifications of sexual assault. Appellant was actually convicted of two specifications of abusive sexual contact under Article 120, Uniform Code of Military Justice, 10 U.S.C. 920 (2012 & Supp. IV 2017).

 

Order Granting Petition for Review

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. 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 issues:

 

I. A MILITARY JUDGE MAY GRANT A CONTINUANCE FOR REASONABLE CAUSE AS OFTEN AS MAY APPEAR JUST. DID THE MILITARY JUDGE ABUSE HIS DISCRETION BY DENYING APPELLANT'S FIRST CONTINUANCE REQUEST AFTER THE GOVERNMENT DISCLOSED ONLY DAYS BEFORE TRIAL THE COMPLAINING WITNESS LIKELY SUFFERED FROM A PSYCHOTIC CONDITION?

 

II. THE FIFTH AND SIXTH AMENDMENTS GUARANTEE AN ACCUSED THE RIGHT TO A MEANINGFUL OPPORTUNITY TO PRESENT A COMPLETE DEFENSE. DID THE MILITARY JUDGE ABUSE HIS DISCRETION BY DENYING THE DEFENSE MOTION FOR IN CAMERA REVIEW OF THE COMPLAINING WITNESS'S MENTAL HEALTH RECORDS?

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 13, 2021

 

Interlocutory Orders

 

No. 21-0124/AR. U.S. v. Michael A. Horner. CCA 20190249. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 2, 2021.

 

No. 21-0125/AF. U.S. v. Grabel P.M. Guerrero. CCA 39716. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 2, 2021.

 

Hearings

 

No. 20-0206/CG. U.S. v. Justin D. Steen. CCA 1464.

No. 20-0289/AR. U.S. v. Kevin M. Furth. CCA 20180191.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 12, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0124/AR. U.S. v. Michael A. Horner. CCA 20190249.

No. 21-0125/AF. U.S. v. Grabel P.M. Guerrero. CCA 39716.

 

Petitions for Grant of Review Denied

 

No. 20-0315/AR. U.S. v. Terrace L. Solomon. CCA 20160456.

No. 21-0007/AR. U.S.V. Malik A. Smith. CCA 20190563.

No. 21-0034/MC. U.S. v. William J. Scott. CCA 201900076.

No. 21-0036/AR. U.S. v. Brandon J. Audia. CCA 20190739.

No. 21-0046/AF. U.S. v. William N. King. CCA 39654.

No. 21-0054/AF. U.S. v. William T. Fierro. CCA 39193.

No. 21-0077/AR. U.S. v. Torrian D. Ollie. CCA 20200074.

No. 21-0079/AR. U.S. v. Lawrence T. Bostic. CCA 20200234.

 

Miscellaneous Docket - Summary Disposition

 

No. 21-0056/AR. Charles G. Willenbring, Appellant v. Secretary of the Army, Ryan D. Mitchell, et al., United States Army, Appellee and United States, Real Party in Interest. CCA 20200430. On consideration of the writ-appeal petition, it is ordered that the petition is denied.

 

Interlocutory Orders

 

No. 21-0076/MC. U.S. v. James A. Hale III. CCA 201600015. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted to February 5, 2021.

 

No. 21-0119/AR. U.S. v. Martin Jimenez-Contreras. CCA 20190030. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 1, 2021.

 

No. 21-0121/AF. U.S. v. Marshall B. Ker. CCA 39715. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 1, 2021.

 

Hearings

 

No. 20-0221/MC. U.S. v. Thomas E. Mader III. CCA 201800276.

No. 20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 11, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0121/AF. U.S. v. Marshall B. Ker. CCA 39715.

No. 21-0122/AR. U.S. v. Corey J. Aguilar. CCA 20190611.

No. 21-0123/AR. U.S. v. Romel D. Gilmore. CCA 20200228.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 8, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0118/AR. U.S. v. Jkyre B. Swoll. CCA 20190756.

No. 21-0119/AR. U.S. v. Martin Jimenez-Contreras. CCA 20190030.

No. 21-0120/AR. U.S. v. Michael P. Whiteeyes. CCA 20190221.

 

Order Granting Petition for Review

 

No. 21-0078/AR. U.S. v. Montana J. Miller. CCA 20190597. 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.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 7, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0116/AR. U.S. v. Steven W. Sims. CCA 20200138.

No. 21-0117/AR. U.S. v. Shane W. Schlak. CCA 20200211.

 

Petitions for Grant of Review Denied

 

No. 20-0363/AF. U.S. v. Richard A. Wolcott. CCA 39639.

No. 20-0373/AR. U.S. v. Mychal E. Garcia. CCA 20180146.

No. 21-0049/AF. U.S. v. David E. MacDonald. CCA 39549.

No. 21-0071/AR. U.S. v. Austin D. Roberts. CCA 20200310.

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.

 

Petition for Grant of Review - Summary Disposition

 

No. 21-0107/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's motion to dismiss the pro se petition for grant of review without prejudice is granted.

 

Interlocutory Orders

 

No. 21-0072/AR. U.S. v. Corey D. Haggard. CCA 20190131. Appellant's motion to examine sealed material is granted.

 

No. 21-0114/AF. U.S. v. Cameron D. Sundstrum. CCA 39713. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 28, 2021.

 

No. 21-0115/AF. U. S. v. Malik K. Crump. CCA 39628. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 28, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 6, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0114/AF. U.S. v. Cameron D. Sundstrum. CCA 39713.

No. 21-0115/AF. U. S. v. Malik K. Crump. CCA 39628.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 5, 2021

 

Petitions for Grant of Review Filed

 

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

No. 21-0112/AR. U.S. v. Bryan T. Carter. CCA 20200048.

No. 21-0113/AR. U.S. v. Brandon J. Kosiek. CCA 20200148.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 4, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0109/AR. U.S. v. Sergio A. Reyes-Lesmes. CCA 20180396.

No. 21-0110/AR. U.S. v. Primitivo F. Delgado. CCA 20190230.

 

Interlocutory Order

 

No. 21-0109/AR. U.S. v. Sergio A. Reyes-Lesmes. CCA 20180396. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 25, 2021.



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