UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 29, 2021

 

Petitions for Grant of Review Filed

 

No. 22-0022/AR. U.S. v. Gianni D. Delgado. CCA 20200570.

No. 22-0023/AR. U.S. v. Michael L. McClure. CCA 20190623.

No. 22-0024/MC. U.S. v. Adam K. Davis. CCA 202000073.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 28, 2021

 

Petitions for Grant of Review Filed

 

No. 22-0020/AR. U.S. v. Nihan G. Johnnie. CCA 20200490.

No. 22-0021/AF. U.S. v. David A. Tellor, Jr. CCA 39770.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 27, 2021

 

Interlocutory Orders

 

No. 21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. On consideration of the motions filed by Patient/Victim C.G. to file an amicus curiae brief, to intervene, and to present oral argument as amicus curiae, it is ordered that the motion to file an amicus curiae brief is granted, and the motions to intervene and to present oral argument as amicus curiae are denied.

 

No. 21-0312/NA. U.S. v. Wendell E. Mellette, Jr. CCA 201900305. Appellant's motion for leave to file a redacted brief and a brief under seal is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 26, 2021

 

Petition for Grant of Review Filed

 

No. 22-0019/AF. U.S. v. Ryan J. Michalec. CCA 39771.

 

Petitions for Grant of Review Denied

 

No. 21-0324/AR. U.S. v. David T. Burgin. CCA 20200204.

No. 21-0326/NA. U.S. v. Kenneth Olaya. CCA 201900211.

No. 21-0346/AR. U.S. v. Samuel W. Lester. CCA 20190345.

 

Petition for Grant of Review - Summary Disposition

 

No. 21-0318/AR. U.S. v. Sven M. Council. CCA 20190321. On consideration of Appellant's motion to exceed page 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 that said petition is granted on the following issue:

 

DID THE ARMY COURT OF CRIMINAL APPEALS ABUSE ITS DISCRETION WHEN IT DENIED APPELLANT'S MOTION FOR A STAY AND TO ORDER A SANITY BOARD PURSUANT TO R.C.M. 1203 AND 706?

 

The decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to The Judge Advocate General of the Army for remand to that court for proceedings in accordance with Rule for Courts-Martial (R.C.M.) 1203(e)(5). That court may first order affidavits from all appellate defense counsel concerning Appellant's mental capacity to cooperate with counsel in appellate proceedings, but in any event shall order an R.C.M. 706 inquiry into Appellant's mental capacity at trial and on appeal and his mental responsibility for his offenses. If there are further proceedings, Articles 66 and 67, Uniform Code of Military Justice, 10 U.S.C. 866, 867 (2018), respectively, shall apply.

 

Interlocutory Order

 

No. 21-0312/NA. U.S. v. Wendell E. Mellette, Jr. CCA 201900305. Appellant's motion to file the joint appendix under seal is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 25, 2021

 

Interlocutory Order

 

No. 21-0350/MC. U.S. v. Lascelles F. Chambers. CCA 201900341. Appellant's motion to submit matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 22, 2021

 

Interlocutory Orders

 

No. 21-0312/NA. U.S. v. Wendell E. Mellette, Jr. CCA 201900305. Appellant's second motion to extend time to file a brief is granted to November 1, 2021.

 

No. 22-0018/AF. U.S. v. Jamie L. Brown. CCA S39728. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 15, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 21, 2021

 

Petition for Grant of Review Filed

 

No. 22-0018/AF. U.S. v. Jamie L. Brown. CCA S39728.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 20, 2021

 

Petition for Grant of Review Denied

 

No. 21-0330/MC. U.S. v. Dylan R. Spykerman. CCA 202000043.

 

Interlocutory Order

 

No. 22-0016/AF. U.S. v. James S. Silvernail, Jr. CCA 39618. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 9, 2021

Hearings

 

No. 21-0089/MC. U.S. v. Jonathan Quezada. CCA 201900115.

No. 21-0149/NA. U.S. v. Paul E. Cooper. CCA 201500039.

No. 21-0150/NA. U.S. v. Paul E. Cooper. CCA 201500039.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 19, 2021

 

Petitions for Grant of Review Filed

 

No. 22-0016/AF. U.S. v. James S. Silvernail, Jr. CCA 39618.

No. 22-0017/AF. U.S. v. Jaquelin Mena. CCA S32643.

 

Petitions for Grant of Review Denied

 

No. 21-0322/AR. U.S. v. Payton K. Cork. CCA 20200418.

No. 21-0338/AR. U.S. v. Shane M. Kriete. CCA 20200500.

 

Appeal Summary Disposition

 

No. 21-0059/MC. U.S. v. Bradley M. Metz. CCA 201900089. On further consideration of the granted issue, 81 M.J. 148 (C.A.A.F. 2021), the briefs of the parties, and oral argument, we answer the issue in the affirmative. Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside, and the record of trial is returned to the Judge Advocate General of the Navy for remand to that court to conduct the three-pronged approach of Brown v. Illinois, 422 U.S. 590 (1975) in examining the effects of an unlawful apprehension upon a subsequent search. See United States v. Conklin, 63 M.J. 333, 338 (C.A.A.F. 2006); United States v. Khamsouk, 57 M.J. 282, 290-91 (C.A.A.F. 2002). On remand, the Court of Criminal Appeals may order affidavits or a factfinding hearing, if necessary. See United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967). Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2018), shall apply.

 

Interlocutory Orders

 

No. 21-0368/NA. U.S. v. William D. O'Bryan. CCA 202000035. 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. 22-0001/NA. U.S. v. Marvin J. Masa. CCA 201800314. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 9, 2021.

 

No. 22-0015/AR. U.S. v. Michael J. Guinn. CCA 20170500. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 8, 2021.

 

Hearings

 

No. 21-0086/AR. U.S. v. Ronald C. Givens. CCA 20190132.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 18, 2021

 

Petitions for Grant of Review Filed

 

No. 22-0014/AF. U.S. v. Michael S. Butler. CCA 39802.

No. 22-0015/AR. U.S. v. Michael J. Guinn. CCA 20170500.

 

Interlocutory Orders

 

No. 21-0219/AR. U.S. v. Conner B. Hiser. CCA 20190325. Appellee's motion to examine sealed material is granted.

 

No. 22-0014/AF. U.S. v. Michael S. Butler. CCA 39802. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 8, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 15, 2021

 

Petitions for Grant of Review Denied

 

No. 21-0339/AF. U.S. v. Khalil R. Norman. CCA S32608.

No. 21-0340/MC. U.S. v. Mitchell R. Nobis. CCA 202100010.

No. 21-0351/AR. U.S. v. Devon S. Ross. CCA 20200286.

 

Interlocutory Order

 

No. 22-0013/NA. U.S. v. Micole A. Daugherty. CCA 202000133. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 3, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 14, 2021

 

Petitions for Grant of Review Filed

 

No. 22-0012/AF. U.S. v. Justin J. Bailey. CCA 39935.

No. 22-0013/NA. U.S. v. Micole A. Daugherty. CCA 202000133.

 

Petition for Grant of Review Denied

 

No. 21-0321/AR. U.S. v. Levi M. Alton. CCA 20190199.

 

Interlocutory Order

 

No. 21-0369/NA. U.S. v. Jared T. Norton. CCA 202000046. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 2, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 13, 2021

 

Petitions for Grant of Review Filed

 

No. 22-0010/NA. U.S. v. Cameron M. Gattis. CCA 202000252.

No. 22-0011/NA. U.S. v. Justin J. Sullivan. CCA 202100124.

 

Petitions for Grant of Review Denied

 

No. 21-0292/MC. U.S. v. Mason R. Terwilliger. CCA 201900292.

No. 21-0323/NA. U.S. v. Chevaux Dawkins. CCA 201800057.

No. 21-0329/AR. U.S. v. Jacob A. Strickland. CCA 20200167.

No. 21-0332/AF. U.S. v. Nicholas D. Walker. CCA 39745.

 

Interlocutory Orders

 

No. 22-0007/AF. U.S. v. Jordan R. Muller. CCA 39323. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 2, 2021.

 

No. 22-0008/AF. U.S. v. Norbert A. King II. CCA 39583. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 2, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 12, 2021

 

Petitions for Grant of Review Filed

 

No. 22-0007/AF. U.S. v. Jordan R. Muller. CCA 39323.

No. 22-0008/AF. U.S. v. Norbert A. King II. CCA 39583.

 

Miscellaneous Docket - Filing

 

No. 22-0009/AR. AV2, Appellant v. John H. Cook, Colonel, U.S. Army, Appellee and Clinton Murray, Master Sergeant, U.S. Army, Real Party in Interest. CCA 20210409. Notice is given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief in the nature of writ of mandamus was filed under Rule 27(b) on this date.

 

Miscellaneous Docket - Summary Disposition

 

No. 21-0336/AF. In re David H. Juillerat. CCA 34205. On consideration of the petition for extraordinary relief in the nature of writ of error coram nobis, habeas corpus, mandamus, and request for clarification, it is ordered that the petition is denied.

 

Appeals - Summary Dispositions

 

No. 20-0358/AR. U.S. v. Carlos Muniz, Jr. CCA 20200092. On consideration of Appellant's petition for reconsideration and on further consideration of the granted issue, 80 M.J. 401 (C.A.A.F. 2020), we conclude that because Appellant was found guilty of at least one offense that occurred prior to January 1, 2019, the convening authority erred in taking "no action" on the sentence. However, because the charges were referred in this case after January 1, 2019, this error was procedural, and the United States Army Court of Criminal Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. Sept. 7, 2021). Having reviewed the record of trial, we determine that the procedural error did not materially prejudice a substantial right. Accordingly, it is ordered that the petition for reconsideration is granted, that the Order in this case of June 29, 201 is vacated, and the judgment of the United States Army Court of Criminal Appeals is affirmed.

 

No. 21-0040/AR. U.S. v. Leshan Jones. CCA 20190254. On further consideration of the granted issue, 80 M.J. 458 (C.A.A.F. 2020), we conclude that because Appellant was found guilty of at least one offense that occurred prior to January 1, 2019, the convening authority erred in taking "no action" on the sentence. However, because the charges were referred in this case after January 1, 2019, this error was procedural, and the United States Army Court of Criminal Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __, (C.A.A.F. Sept. 7, 2021). Having reviewed the record of trial, we determine that the procedural error did not materially prejudice a substantial right. Accordingly, it is ordered that the judgment of the United States Army Court of Criminal Appeals is affirmed.

 

No. 21-0078/AR. U.S. v. Montana J. Miller. CCA 20190597. On consideration of Appellant's motion to file the petition for reconsideration out of time, the petition for reconsideration and on further consideration of the granted issue (81 M.J. 50 (C.A.A.F. 2021)), we conclude that because Appellant was found guilty of at least one offense that occurred prior to January 1, 2019, the convening authority erred in taking "no action" on the sentence. However, because the charges were referred in this case after January 1, 2019, this error was procedural, and the United States Army Court of Criminal Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. Sept. 7, 2021). Having reviewed the record of trial, we determine that the procedural error did not materially prejudice a substantial right. Accordingly, 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 Order in this case of June 29, 2021 is vacated, and the judgment of the United States Army Court of Criminal Appeals is affirmed.

 

No. 21-0126/AF. U.S. v. James A. Aumont. CCA 39673. On further consideration of the granted issue, 81 M.J. 158 (C.A.A.F. 2021), we conclude that because Appellant was found guilty of at least one offense that occurred prior to January 1, 2019, the convening authority erred in taking "no action" on the sentence. However, because the charges were referred in this case after January 1, 2019, this error was procedural, and the United States Air Force Court of Criminal Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. Sept. 7, 2021). In light of this Court's recent decision in Brubaker-Escobar, we deem it appropriate to remand this case to the Court of Criminal Appeals so that the lower court may directly address the issue of whether the procedural error materially prejudiced a substantial right of Appellant. Accordingly, it is ordered that the record of trial is returned to The Judge Advocate General of the Air Force for remand to the United States Air Force Court of Criminal Appeals for a determination of whether the procedural error materially prejudiced a substantial right of Appellant.

 

No. 21-0134/AR. U.S. v. Luis E. Ramirez. CCA 20190367. On consideration of Appellant's petition for reconsideration and on further consideration of the granted issue, 81 M.J. 239 (C.A.A.F. 2021), we conclude that because Appellant was found guilty of at least one offense that occurred prior to January 1, 2019, the convening authority erred in taking "no action" on the sentence. However, because the charges were referred in this case after January 1, 2019, this error was procedural, and the United States Army Court of Criminal Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. Sept. 7, 2021). Having reviewed the record of trial, we determine that the procedural error did not materially prejudice a substantial right. Accordingly, it is ordered that the petition for reconsideration is granted, that the Order in this case of June 29, 2021 is vacated and the judgment of the United States Army Court of Criminal Appeals is affirmed.

 

No. 21-0201/AR. U.S. v. Adrian L. Ingram, Jr. CCA 20190610. On consideration of Appellant's petition for reconsideration and on further consideration of the granted issue, 81 M.J. ___ (C.A.A.F. May 4, 2021), we conclude that because Appellant was found guilty of at least one offense that occurred prior to January 1, 2019, the convening authority erred in taking "no action" on the sentence. However, because the charges were referred in this case after January 1, 2019, this error was procedural, and the United States Army Court of Criminal Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. Sept. 7, 2021). Having reviewed the record of trial, we determine that the procedural error did not materially prejudice a substantial right. Accordingly, it is ordered that the petition for reconsideration is granted, that the Order in this case of June 29, 2021 is vacated, and the judgment of the United States Army Court of Criminal Appeals is affirmed.

 

No. 21-0234/AR. U.S. v. Logan T. Kyle. CCA 20190372. On further consideration of the granted issue, 81 M.J. ___ (C.A.A.F. June 4, 2021), we conclude that because Appellant was found guilty of at least one offense that occurred prior to January 1, 2019, the convening authority erred in taking "no action" on the sentence. However, because the charges were referred in this case after January 1, 2019, this error was procedural, and the United States Army Court of Criminal Appeals had jurisdiction to review Appellant's case. See United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. Sept. 7, 2021). Having reviewed the record of trial, we determine that the procedural error did not materially prejudice a substantial right. Accordingly, it is ordered that the judgment of the United States Army Court of Criminal Appeals is affirmed.

 

Interlocutory Orders

 

No. 22-0005/AR. U.S. v. Derrick J. Thornton. CCA 20200404. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 1, 2021.

 

No. 22-0006/AF. U.S. v. Danber S. Albarda. CCA 39734. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 1, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 8, 2021

 

Petition for Grant of Review Filed

 

No. 22-0006/AF. U.S. v. Danber S. Albarda. CCA 39734.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 6, 2021

 

Petitions for Grant of Review Filed

 

No. 22-0004/AR. U.S. v. Jacob A. Quintana. CCA 20200515.

No. 22-0005/AR. U.S. v. Derrick J. Thornton. CCA 20200404.

 

Hearings

 

No. 21-0059/MC. U.S. v. Bradley M. Metz. CCA 201900089.

No. 21-0069/AF. U.S. v. Jerard Simmons. CCA 39342.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 5, 2021

 

Petition for Grant of Review Filed

 

No. 22-0003/AR. U.S. v. Justin M. Smith. CCA 20200680.

 

Petition for Grant of Review Denied

 

No. 21-0320/AR. U.S. v. Javanta M. RaspberryBennett. CCA 20200043.

 

Hearings

 

No. 21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043.

No. 21-0052/NA. U.S. v. Virginia S. Moratalla. CCA 201900073.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 4, 2021

 

Petition for Grant of Review Filed

 

No. 22-0002/AR. U.S. v. Michael S. Cotham. CCA 20210023.

 

Petitions for Grant of Review Denied

 

No. 21-0310/AR. U.S. v. Christopher D. Brown. CCA 20200488.

No. 21-0347/AR. U.S. v. Christopher S. Stevick. CCA 20200577.

 

Interlocutory Orders

 

No. 21-0205/AF. U.S. v. Dylan S. Hale. CCA 39724. Appellant's motion to suspend the Court's Rules is denied.

 

No. 21-0216/NA. U.S. v. Joseph R. Nelson. CCA 201900239. Appellant's second motion to extend time to file a brief and the joint appendix is granted, but only up to and including October 18, 2021, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 21-0312/NA. U.S. v. Wendell E. Mellette, Jr. CCA 201900305. Appellant's motion to extend time to file a brief is granted to October 28, 2021.

 

No. 22-0001/NA. U.S. v. Marvin J. Masa. CCA 201800314. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 25, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 1, 2021

 

Petition for Grant of Review Filed

 

No. 22-0001/NA. U.S. v. Marvin J. Masa. CCA 201800314.

 

Interlocutory Order

 

No. 21-0354/AF. U.S. v. Jamal X. Washington. CCA 39761. On consideration of Appellant's petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, and Appellee's motion to dismiss the petition, it is noted that the Court of Criminal Appeals affirmed some findings of guilt and set aside other findings of guilt and the sentence and authorized a rehearing. Under Article 67(c), Uniform Code of Military Justice, 10 U.S.C. 867(c) (2018), this Court has jurisdiction to consider the petition. However, given the possibility of a rehearing, the petition is not ripe for review at this time. Accordingly, it is ordered that the petition for grant of review is denied without prejudice to Appellant's right to raise the matters asserted during the normal course of appellate review, and the motion to dismiss is denied as moot.

 

Mandate Issued

 

No. 21-0236/NA. U.S. v. Craig R. Becker. CCA 201900342.



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