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.




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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