UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 30, 2021
Interlocutory Orders
No.
21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197.
Appellant's third motion to extend time to file a brief and the joint appendix
is granted to August 4, 2021, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No.
21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197.
Appellant's motion to seal Military Rules of Evidence 513 matters is granted,
and the Acting Clerk of Court seal pages 27-42 and A.E. X-XII, XV-XVI, and XXI
of the record of trial.
No.
21-0312/NA. U.S. v. Wendell E. Mellette, Jr. CCA 201900305. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to August 10, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 29, 2021
Petitions for Grant of Review - Summary
Dispositions
No. 21-0293/NA. U.S. v. Michael T.
Lamore. CCA 201900315. On consideration of Appellant's 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 and that the
decision of the United States Navy-Marine Corps Court of Criminal Appeals is
affirmed.*
*
The Acting Clerk of the Court is ordered to seal pages 242-76 and 288-90 and AE
XXIII, AE XXIV, and AE XLI of the record of trial (Military Rule of Evidence
412 matters).
No. 21-0306/AR. U.S. v. James M. Madden.
CCA 20200205.
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 hereby granted and the decision of the United States Army Court of
Criminal Appeals is affirmed.*
*
It is directed that the Statement of Trial Results Findings Worksheet be
corrected by substituting the word "groin" for the word "buttocks" in
Specification 1 of Charge II and substituting the word "buttocks" for the word
"groin" in Specification 2 of Charge II.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 28, 2021
Petition for Grant of Review Filed
No.
21-0321/AR. U.S. v. Levi M. Alton. CCA 20190199.
Interlocutory Order
No.
21-0321/AR. U.S. v. Levi M. Alton. CCA 20190199. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
August 17, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 27, 2021
Petitions for Grant of Review Denied
No.
21-0223/AF. U.S. v. Brian A. Batson. CCA 39637.
No.
21-0274/AF. U.S. v. Laurent A. Laguitan. CCA 39707.
No.
21-0276/AR. U.S. v. Romon L. Hammond. CCA 20200168.
No.
21-0300/NA. U.S. v. Anthony J. Fryer. CCA 201900324.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 26, 2021
Interlocutory Order
No.
21-0320/AR. U.S. v. Javanta M. RaspberryBennett.
CCA 20200043. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to August 16, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 22, 2021
Petition for Grant of Review Filed
No.
21-0320/AR. U.S. v. Javanta M. RaspberryBennett.
CCA 20200043.
Petitions for Grant of Review Denied
No.
21-0255/NA. U.S. v. Samuel D. Drinkert. CCA
201900275.
No.
21-0269/MC. U.S. v. Chad M. Whitehead. CCA 202000196.
No.
21-0290/AR. U.S. v. Albert N. Yeboah. CCA 20200529.
No.
21-0291/AR. U.S. v. Luis L. Ballesteros. CCA 20200319.
No.
21-0294/AR. U.S. v. Jesse E. Spyker. CCA 20200483.
No.
21-0295/AR. U.S. v. Joshua R. Pruett. CCA 20180368.
Interlocutory Order
No.
21-0280/AR. U.S. v. Mark J. Meneses. CCA 20190636.
Appellee's motion to file a 10-day letter out of time is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 20, 2021
Interlocutory Order
No.
21-0302/AR. U.S. v. Keenan R. Ducksworth. CCA 20190183. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to August 3, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
July 19, 2021
Petition for Grant of Review Filed
No.
21-0318/AR. U.S. v. Sven M. Council. CCA 20190321.
Miscellaneous Docket - Filing
No.
21-0319/AF. In re Damien G. Kawai. Notice is given that a petition for
extraordinary relief in the nature of a motion for compassionate release and
reduction in sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) was filed under C.A.A.F. Rule 27(a) on this date.
Interlocutory Orders
No.
20-0345/AR. U.S. v. Jacob L. Brubaker-Escobar. CCA 20190618. Upon consideration
of Appellant's and Appellee's joint motion to file out-of-time a petition for
reconsideration and the parties' joint motion to withdraw the mandate for this
Court's opinion of June 4, 2021, citing for the first time a statute directly
relevant to the granted issue, it is ordered that the motion to file a petition
for reconsideration out-of-time is granted, that the petition for
reconsideration is granted, that the mandate issued on June 22, 2021, United States v. Brubaker-Escobar, 81
M.J. __ (C.A.A.F. June 4, 2021), is recalled and the judgment is vacated, and that
no additional filings are authorized. Further action on the case shall be held
in abeyance pending a new decision issued by the Court.
No.
21-0317/AR. U.S. v. Daniel B. Browning. CCA 20200084. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to August 9, 2021.
No.
21-0318/AR. U.S. v. Sven M. Council. CCA 20190321. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
August 9, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 15, 2021
Petitions for Grant of Review Filed
No.
21-0316/AR. U.S. v. Nicholas D. Hayes. CCA 20190834.
No.
21-0317/AR. U.S. v. Daniel B. Browning. CCA 20200084.
Petitions for Grant of Review Denied
No.
21-0185/AF. U.S. v. Corey J. Campbell. CCA 38875.
No.
21-0232/MC. U.S. v. Findley C. K. Schultz. CCA 202000040.
No.
21-0261/MC. U.S. v. Derrick D. Berrian. CCA
201900310.
No.
21-0268/AR. U.S. v. Fred L. Burgess, Jr. CCA 20200055.
No.
21-0273/AR. U.S. v. Robert C. McKee. CCA 20190680.
No.
21-0281/AF. U.S. v. Michael J. Lewis. CCA S32614.
No.
21-0282/AR. U.S. v. Lavon C. Blaylock. CCA 20200395.
Order Granting Petition for Review
No. 21-0245/AF. U.S. v. Isaiah L.
Edwards. CCA 39696.
On consideration of the petition for grant of review of the decision of the
United States Air Force Court of Criminal Appeals, it is ordered that said
petition is granted on the following issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY ALLOWING THE VICTIM TO PRESENT AS
AN IMPACT STATEMENT A VIDEO—PRODUCED BY THE TRIAL COUNSEL—THAT INCLUDED PHOTOS
AND BACKGROUND MUSIC.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 14, 2021
Petitions for Grant of Review Filed
No.
21-0313/AR. U.S. v. Andre J. Fowler, Jr. CCA 20190751.
No.
21-0314/AF. U.S. v. Colby D. Sherwood. CCA S32667.
No.
21-0315/AR. U.S. v. Juan J. Perez. CCA 20190826.
Miscellaneous Docket - Summary
Disposition
No. 21-0287/AF. U.S. v. Ralph J. Hyppolite II. CCA 2021-02. On consideration of the writ-appeal
petition, it is ordered that the petition is dismissed for lack of
jurisdiction.
Interlocutory Orders
No.
21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043. Appellee's motion to
extend time to file a brief is granted to August 13, 2021.
No.
21-0312/NA. U.S. v. Wendell E. Mellette, Jr. CCA 201900305. Appellant's motion
to extend time to file the supplement to the petition for grant of review is granted
to August 3, 2021.
No.
21-0314/AF. U.S. v. Colby D. Sherwood. CCA S32667. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
August 3, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 13, 2021
Petitions for Grant of Review Filed
No.
21-0309/AR. U.S. v. Andre B. Redding-Williams. CCA 20200444.
No.
21-0310/AR. U.S. v. Christopher D. Brown. CCA 20200488.
No.
21-0311/AR. U.S. v. Duane W. Schwartz. CCA 20200412.
No.
21-0312/NA. U.S. v. Wendell E. Mellette, Jr. CCA 201900305.
Interlocutory Order
No.
21-0247/AR. U.S. v. Elias Medina. CCA 20190628. On consideration of the motion
filed by Major Jodie L. Grimm 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
Monday,
July 12, 2021
Petition for Grant of Review Filed
No.
21-0308/AR. U.S. v. Kahlil D. Hedrington. CCA
20200420.
Petitions for Grant of Review Denied
No.
21-0252/AF. U.S. v. Nicholas S. Babian. CCA S32593.
No.
21-0257/AR. U.S. v. Gary A. Hemmingsen. CCA 20180611.
Interlocutory Orders
No.
20-0358/AR. U.S. v. Carlos Muniz, Jr. CCA 20200092. On consideration of the
motion filed by Captain Roman W. Griffith 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.
21-0134/AR. U.S. v. Luis E. Ramirez. CCA 20190367. On consideration of the
motion filed by Captain Roman W. Griffith 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.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On
consideration of the motion filed by Captain Roman W. Griffith for leave to
withdraw as appellate defense counsel, it is ordered that the motion is
granted.
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's
second motion to extend time to file a brief is granted to September 21, 2021.
No.
21-0201/AR. U.S. v. Adrian L. Ingram, Jr. CCA 20190610. On consideration of the
motion filed by Captain Roman W. Griffith 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.
21-0222/NA. U.S. v. Chase T. Miller. CCA 201900234. Appellee's motion to extend
time to file a brief is granted to August 20, 2021.
No.
21-0292/MC. U.S. v. Mason R. Terwilliger. CCA
201900292. Appellant's second motion to extend time to file the supplement to
the petition for grant of review is granted to July 26, 2021.
No.
21-0301/AR. U.S. v. Brian K. Hollenbeck. CCA 20170237. On consideration of the
motion filed by Captain Roman W. Griffith 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.
Mandates Issued
No.
20-0217/NA. U.S. v. Stephen A. Begani. CCA 201800082.
No.
20-0327/NA. U.S. v. Stephen A. Begani. CCA 201800082.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 8, 2021
Interlocutory Orders
No.
21-0219/AR. U.S. v. Conner B. Hiser. CCA 20190325.
Appellant's motion to extend time to file a reply brief is granted to July 27,
2021.
No.
21-0306/AR. U.S. v. James M. Madden. CCA 20200205. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
July 28, 2021.
No.
21-0307/AF. U.S. v. Daniel G. Helpingstine. CCA
39886. Appellant's motion to extend time to file the supplement to the petition
for grant of review is granted to July 28, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
July 7, 2021
Petition for Grant of Review Filed
No.
21-0307/AF. U.S. v. Daniel G. Helpingstine. CCA 39886.
Petitions for Grant of Review Denied
No.
21-0189/AR. U.S. v. Joshua J. Williams. CCA 20190753.
No.
21-0204/AR. U.S. v. Kevin S. Arce. CCA 20190518.
No.
21-0206/AF. U.S. v. Anthony W. Harris, Jr. CCA 39640.
No.
21-0244/AR. U.S. v. Jorge E. Trigueros. CCA 20200401.
No.
21-0250/AR. U.S. v. Nathaniel J. Ashcroft. CCA 20200317.
No.
21-0260/AR. U.S. v. Zachary L. Tillman. CCA 20200305.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
July 6, 2021
Petition for Grant of Review Filed
No.
21-0306/AR. U.S. v. James M. Madden. CCA 20200205.
Miscellaneous Docket - Summary
Disposition
No. 21-0296/AR. In re Erik D. Jenkins. On consideration of
the petition for extraordinary relief in the nature of writ of mandamus, it is
ordered that the petition is denied.
Interlocutory Orders
No.
21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. Appellant's second motion to
extend time to file a brief and the joint appendix is granted to July 28, 2021.
No.
21-0304/MC. U.S. v. Christopher J. Nelson. CCA 202000108. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to July 26, 2021.
No.
21-0305/AF. U.S. v. Abrom Smith IV. CCA 39816. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
July 26, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
July 2, 2021
Petition for Grant of Review Filed
No.
21-0305/AF. U.S. v. Abrom Smith IV. CCA 39816.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
July 1, 2021
Mandate Issued
No.
20-0206/CG. U.S. v. Justin D. Steen. CCA 1464.
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