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21-0133/AR is rescinded immediately and will not be assigned to any case in the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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