UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
May 28, 2021
Petition for Grant of Review Filed
No.
21-0272/MC. U.S. v. Barnabas E. Pearson. CCA 201900314.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 27, 2021
Petitions for Grant of Review Filed
No.
21-0269/MC. U.S. v. Chad M. Whitehead. CCA 202000196.
No.
21-0270/AR. U.S. v. Alec J. Olson. CCA 20190267.
No.
21-0271/MC. U.S. v. Malcolm E. Speight. CCA 202000099.
Miscellaneous Docket - Summary
Disposition
No. 21-0254/AR. In re David J. Rudometkin. CCA 20180058. On consideration of the petition for
extraordinary relief in the nature of a writ of mandamus, it is ordered that
the petition is denied without prejudice to Petitioner's right to raise the
matters asserted during the course of normal appellate review.
Mandate Issued
No.
19-0384/AR. U.S. v. Michael J. Guinn. CCA 20170500.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 26, 2021
Petitions for Grant of Review Filed
No.
21-0267/AR. U.S. v. Mark W. Christensen. CCA 20190197.
No.
21-0268/AR. U.S. v. Fred L. Burgess, Jr. CCA 20200055.
Hearings
No.
20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325.
No.
21-0137/AF. U.S. v. Robert J. Hernandez. CCA 39606.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 25, 2021
Petitions for Grant of Review Filed
No.
21-0264/NA. U.S. v. Ray D. Braimer. CCA 201900271.
No.
21-0265/AR. U.S. v. Taylor R. McGough. CCA 20200637.
No.
21-0266/AF. U.S. v. Dylan A. Samudio. CCA S32620.
Petition for Grant of Review Denied
No.
21-0210/AF. U.S. v. Marqavius Greene. CCA 39731.
Interlocutory Orders
No.
21-0089/MC. U.S. v. Jonathan Quezada. CCA 201900115. Appellant's second motion
to extend time to file a brief and the joint appendix is granted to May 27,
2021.
No.
21-0258/AR. U.S. v. James L. Dongarra III. CCA 20200633. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to June 14, 2021.
No.
21-0261/MC. U.S. v. Derrick D. Berrian. CCA 201900310. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to June 14, 2021.
No.
21-0262/AF. U.S. v. Zachary W. Rothe. CCA 39817. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 14, 2021.
No.
21-0264/NA. U.S. v. Ray D. Braimer. CCA 201900271. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 14, 2021.
No.
21-0266/AF. U.S. v. Dylan A. Samudio. CCA S32620. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 14, 2021.
Hearings
No.
21-0085/AR. U.S. v. John T. Long. CCA 20150160.
No.
21-0111/AR. U.S. v. Jesse M. Thompson. CCA 20180519.
No.
21-0236/NA. U.S. v. Craig R. Becker. CCA 201900342.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
May 24, 2021
Petition for Grant of Review Filed
No.
21-0263/AR. U.S. v. Angel I. Spencer. CCA 20190762.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
May 21, 2021
Petition for Grant of Review Filed
No.
21-0262/AF. U.S. v. Zachary W. Rothe. CCA 39817.
Order Granting Petition for Review
No. 21-0236/NA. U.S. v. Craig R. Becker.
CCA 201900342.
On consideration of the petition for grant of review of the decision of the
United States Navy-Marine Corps Court of Criminal Appeals on appeal by the
United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. §
862 (2018), it is ordered that said petition is hereby granted on the following
issue:
WHETHER
THE LOWER COURT ERRED IN ITS ABUSE OF DISCRETION ANALYSIS BY FAILING TO GIVE
THE TRIAL JUDGE'S FINDINGS OF FACT DEFERENCE, SUBSTITUTING ITS OWN DISCRETION
FOR THE MILITARY JUDGE'S, AND ENGAGING IN FACT-FINDING BEYOND THE SCOPE OF
ARTICLE 62 REVIEW.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 20, 2021
Petitions for Grant of Review Filed
No.
21-0260/AR. U.S. v. Zachary L. Tillman. CCA 20200305.
No.
21-0261/MC. U.S. v. Derrick D. Berrian. CCA
201900310.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 19, 2021
Petitions for Grant of Review Filed
No.
21-0257/AR. U.S. v. Gary A. Hemmingsen. CCA 20180611.
No.
21-0258/AR. U.S. v. James L. Dongarra III. CCA
20200633.
No.
21-0259/AR. U.S. v. Courage Kamara, Jr. CCA 20200322.
Interlocutory Orders
No.
21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197.
Appellant's motion to extend time to file a brief and the joint appendix is granted
to July 13, 2021.
No.
21-0255/NA. U.S. v. Samuel D. Drinkert. CCA
201900275. Appellant's motion to extend time to file the supplement to the
petition for grant of review is granted to June 8, 2021.
No.
21-0256/NA. U.S. v. Andrew M. Garrett. CCA 202000028. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to June 8, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 18, 2021
Petitions for Grant of Review Filed
No.
21-0255/NA. U.S. v. Samuel D. Drinkert. CCA
201900275.
No.
21-0256/NA. U.S. v. Andrew M. Garrett. CCA 202000028.
Order Granting Petition for Review
No. 21-0219/AR. U.S. v. Conner B. Hiser. CCA 20190325. 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 MILITARY JUDGE ABUSED HER DISCRETION BY ACCEPTING APPELLANT'S GUILTY PLEA
TO A VIOLATION OF ARTICLE 117a, UCMJ, WHEN APPELLANT POSTED INTIMATE VIDEOS OF
A PERSON UNDER CIRCUMSTANCES WHERE THE PERSON WAS NOT READILY IDENTIFIABLE AND
THERE WAS NO REASONABLE CONNECTION TO THE MILITARY ENVIRONMENT.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
May 17, 2021
Petition for Grant of Review Denied
No.
21-0205/AF. U.S. v. Dylan S. Hale. CCA 39724.
Miscellaneous Docket - Filing
No.
21-0254/AR. IN re David J. Rudometkin. CCA 20180058.
Notice is given that a petition for extraordinary relief in the nature of a
writ of mandamus was filed under Rule 27(a) on this date.
Interlocutory Orders
No.
21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. On
consideration of the motion filed by Lieutenant Commander Chris Riedel 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.
21-0252/AF. U.S. v. Nicholas S. Babian. CCA S32593. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to June 7, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
May 14, 2021
Petition for Grant of Review Filed
No.
21-0253/AR. U.S. v. Nathen R. Elliott-Brown. CCA 20200332.
Order Granting Petition for Review
No. 21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. 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 LOWER COURT CREATE AN UNREASONABLY BROAD SCOPE OF THE
PSYCHOTHERAPIST-PATIENT PRIVILEGE BY AFFIRMING THE MILITARY JUDGE'S DENIAL OF
DISCOVERY, DENYING REMAND FOR IN CAMERA REVIEW, AND DENYING APPELLANT'S CLAIM
OF INEFFECTIVE ASSISTANCE OF COUNSEL?
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 13, 2021
Petitions for Grant of Review Filed
No.
21-0250/AR. U.S. v. Nathaniel J. Ashcroft. CCA 20200317.
No.
21-0251/AR. U.S. v. Jacob B. Weber. CCA 20190707.
No.
21-0252/AF. U.S. v. Nicholas S. Babian. CCA S32593.
Petitions for Grant of Review Denied
No.
21-0104/AR. U.S. v. Donovan D. Brooks. CCA 20180567.
No.
21-0188/AF. U.S. v. Blair V. Bauer. CCA 39732.
No.
21-0190/AF. U.S. v. Jordan L. Hickman. CCA 39811.
No.
21-0221/AR. U.S. v. Thomas M. Walker. CCA 20200210.
Interlocutory Orders
No.
21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043. Appellant's motion to
extend time to file a brief and the joint appendix is granted to June 23, 2021.
No.
21-0249/AF. U.S. v. Brian S. Arnold. CCA 39479. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 2, 2021.
No.
21-0251/AR. U.S. v. Jacob B. Weber. CCA 20190707. On consideration of the
motion filed by Major Catherine E. Godfrey 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.
20-0252/AF. U.S. v. Rodney M. Tyler. CCA 39572.
No.
20-0289/AR. U.S. v. Kevin M. Furth. CCA 20180191.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 12, 2021
Petitions for Grant of Review Filed
No.
21-0248/AR. U.S. v. Frank K. Hertel II. CCA 20200348.
No.
21-0249/AF. U.S. v. Brian S. Arnold. CCA 39479.
Miscellaneous Docket - Summary
Disposition
No. 21-0198/AF. Charles B. Justice,
Appellant v. United States, Appellee. CCA 2021-01. On consideration of
the writ-appeal petition, it is ordered that the petition is denied without
prejudice to raising the issue during the course of normal appellate review,
and the request for oral argument is denied as moot.
Interlocutory Orders
No.
20-0195/AR. U.S. v. Jeremy N. Navarette. CCA
20160786. On consideration of the motion filed by Major Catherine E. Godfrey
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.
20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of the
motion filed by Protect Our Defenders to present oral argument as amicus curiae, it is ordered that the
motion is denied.
No.
21-0104/AR. U.S. v. Donovan D. Brooks. CCA 20180567. On consideration of the
motion filed by Major Catherine E. Godfrey 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.
21-0137/AF. United States, Appellant v. Robert J. Hernandez, Appellee. CCA
39606. Appellant's motion to correct errata is granted.
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781.
Appellant's motion to extend time to file a brief is granted to July 23, 2021.
No.
21-0194/NA. U.S. v. Jayson W. Grant. CCA 201900212. Appellant's motion for
leave to file matters pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is
granted.
No.
21-0204/AR. U.S. v. Kevin S. Arce. CCA 20190518. On consideration of the motion
filed by Major Catherine E. Godfrey 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
Tuesday,
May 11, 2021
Petition for Grant of Review Filed
No.
21-0247/AR. U.S. v. Elias Medina. CCA 20190628.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
May 10, 2021
Petition for Grant of Review Filed
No.
21-0246/AR. U.S. v. Stephen S. Lee. CCA 20180001. Notice is given that a
petition for grant of review of the decision of the United States Army Court of
Criminal Appeals was filed personally by the Appellant under Rule 20 on this
date. Appellate defense counsel will file a supplement to said petition under
Rule 21 on or before the 1st day of June, 2021.
Interlocutory Order
No.
21-0245/AF. U.S. v. Isaiah L. Edwards. CCA 39696. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 1, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
May 7, 2021
Petitions for Grant of Review Filed
No.
21-0244/AR. U.S. v. Jorge E. Trigueros. CCA 20200401.
No.
21-0245/AF. U.S. v. Isaiah L. Edwards. CCA 39696.
Interlocutory Order
No. 21-0243/AF. U.S. v. Derrick O. Williams. CCA 39746. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 27, 2021.
Mandate Issued
No.
20-0221/MC. U.S. v. Thomas E. Mader III. CCA
201800276.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 6, 2021
Petition for Grant of Review Filed
No.
21-0243/AF. U.S. v. Derrick O. Williams. CCA 39746.
Petitions for Grant of Review Denied
No.
21-0072/AR. U.S. v. Corey D. Haggard. CCA 20190131.
No.
21-0121/AF. U.S. v. Marshall B. Ker. CCA 39715.
No.
21-0127/NA. U.S. v. Joseph L. Hunter. CCA 201900154.
No.
21-0181/AR. U.S. v. Justin c. Gaines. CCA 20190153.
No.
21-0192/AF. U.S. v. Clarence L. Jones III. CCA 39766.
No.
21-0208/AR. U.S. v. Tyler A. Jansen. CCA 20200414.
No.
21-0211/AR. U.S. v. Brandin J. Byers. CCA 20200097.
No.
21-0212/AR. U.S. v. Rashad S. Rickards. CCA 20190229.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 5, 2021
Petitions for Grant of Review Filed
No.
21-0240/AR. U.S. v. Matthew J. Lewandowski. CCA 20190714.
No.
21-0241/AR. U.S. v. Glenn S. Smith, Jr. CCA 20200229.
No.
21-0242/AR. U.S. v. Demetrius J. Slaughter. CCA 20200110.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 4, 2021
Miscellaneous Docket - Summary
Disposition
No.
21-0187/AF. In re Evan L. Wescott. CCA 39936. On consideration of the petition
for extraordinary relief in the nature of a writ of prohibition or, in the
alternative, a writ of mandamus, it is ordered that the petition is denied.
Order Granting Petition for Review
No.
21-0201/AR. U.S. v. Adrian L. Ingram, Jr. CCA 20190610. 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.
Interlocutory Orders
No.
21-0150/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 reply brief is granted to May 15, 2021.
No.
21-0222/NA. United States, Appellant v. Chase T. Miller, Appellee. CCA
201900234. Appellant's motion to extend time to file a brief and joint appendix
is granted to June 11, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
May 3, 2021
Interlocutory Orders
No.
20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellant's motion to
extend time to file a reply brief is granted to May 5, 2021.
No.
21-0218/MC. U.S. v. Noah F. Martin-Moore. CCA 201900250. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to May 17, 2021.
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