UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 30, 2021
Interlocutory Order
No.
21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. On
consideration of the emergency motion filed by Patient/Victim C.G. to examine sealed
briefs and the joint appendix, it is ordered that the motion is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 29, 2021
Miscellaneous Docket - Summary
Disposition
No. 21-0319/AF. In re Damien G. Kawai. On consideration of
the 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), it is ordered that the petition is dismissed for lack of
jurisdiction.
Interlocutory Orders
No.
21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. On consideration of
Appellee's motion for leave to file an out of time motion to file a brief under
seal, and motion to file the brief under seal out of time, it is ordered that
the motions are granted.
No.
21-0335/NA. U.S. v. Davionshante E. Chism. CCA 202000037. Appellant's motion to
file portions of the supplement to the petition for grant of review under seal
is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 28, 2021
Petition for Grant of Review Filed
No.
21-0372/AR. U.S. v. Noah D. Tanski-Jett. CCA 20200438.
Petitions for Grant of Review Denied
No.
21-0311/AR. U.S. v. Duane W. Schwartz. CCA 20200412.
No.
21-0342/AR. U.S. v. Tyler D. Morgan. CCA 20200247.
No.
21-0343/AR. U.S. v. Michael J. Hale. CCA 20200468.
No.
21-0345/AR. U.S. v. Keyshawn T. Eller. CCA 20210085.
No.
21-0349/AR. U.S. v. Wendell W. Carpenter IV. CCA 20200397.
Interlocutory Order
No.
21-0369/NA. U.S. v. Jared T. Norton. CCA 202000046. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 18, 2021.
NOTICE
By order of the Chief Judge, the United States
Court of Appeals for the Armed Forces will be closed all day on Friday,
November 12, 2021. For purposes of computation of time and motions to enlarge
time under the Court's Rules of Practice and Procedure, November 12, 2021 will
be considered a day when the Court is closed.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 27, 2021
Petitions for Grant of Review Filed
No.
21-0369/NA. U.S. v. Jared T. Norton. CCA 202000046.
No.
21-0370/AR. U.S. v. Arturo J. Ruiz, Jr. CCA 20200243.
No.
21-0371/AR. U.S. v. Ariel Arocho. CCA 20200634.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 24, 2021
Petition for Grant of Review Filed
No.
21-0368/NA. U.S. v. William D. O'Bryan. CCA 202000035.
Petition for Grant of Review Denied
No.
21-0278/AR. U.S. v. Christopher P. Morris. CCA 20200066.
Interlocutory Order
No.
21-0368/NA. U.S. v. William D. O'Bryan. CCA 202000035. Appellan's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 14, 2021.
Mandate Issued
No.
20-0345/AR. U.S. v. Jacob L. Brubaker-Escobar. CCA 20190618.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 22, 2021
Interlocutory Order
No.
21-0278/AR. U.S. v. Christopher P. Morris. CCA 20200066. Appellant's motion to
file a second supplement to the petition for grant of review, and motion to
supplement the record are denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 21, 2021
Petition for Grant of Review Filed
No.
21-0367/AR. U.S. v. Lawrence D. Wallace. CCA 20210002.
Petitions for Grant of Review Denied
No.
21-0272/MC. U.S. v. Barnabas E. Pearson. CCA 201900314.
No.
21-0275/AR. U.S. v. Michael D. Johnson. CCA 20190386.
No.
21-0316/AR. U.S. v. Nicholas D. Hayes. CCA 20190834.
No.
21-0317/AR. U.S. v. Daniel B. Browning. CCA 20200084.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 20, 2021
Petitions for Grant of Review Filed
No.
21-0365/AF. U.S. v. James T. Daniel. CCA S32654.
No.
21-0366/AR. U.S. v. Matthew R. Robinson. CCA 20200712.
Interlocutory Orders
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's third motion to
extend time to file a brief is granted to November 19, 2021.
No.
21-0365/AF. U.S. v. James T. Daniel. CCA S32654. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
October 12, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 17, 2021
Petition for Grant of Review Filed
No.
21-0364/AR. U.S. v. Brandon J. Hoelle. CCA 20200519.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 16, 2021
Petitions for Grant of Review Denied
No. 21-0263/AR. U.S. v. Angel I. Spencer. CCA 20190762.
No. 21-0308/AR. U.S. v. Kahlil D. Hedrington.
CCA 20200420.
Interlocutory Order
No. 21-0235/AR. U.S. v. David C. Tate. CCA 20180477.
Appellee's motion to extend time to file a brief is granted to October 18,
2021.
NOTICE
In Re Rules Advisory
Committee: Pursuant to C.A.A.F. Rule 45, the following persons are hereby
appointed as members of the Rules Advisory Committee, effective October 1 2021,
for a term expiring on September 30, 2024:
Thomas
E. Booth, Esq.
Audrey
B. Critchley, Esq.
Dwight
H. Sullivan, Esq.
The following members,
whose terms expire on the dates indicated below, remain on the Rules Advisory
Committee:
To expire on September 30, 2022:
Professor Steven H. Goldblatt (Chair)
Ms. Carol K. Joyce,
Esq.
Ms. Michelle Lindo McCluer, Esq.
To expire on September
30, 2023:
William
A. DeCicco, Esq.
Matthew
G. Kaiser, Esq.
Rebecca
S. Snyder, Esq.
The Clerk of the Court is an ex
officio member of the Committee and serves as Reporter.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 15, 2021
Petition for Grant of Review Filed
No.
21-0363/AR. U.S. v. Cordell A. Rock. CCA 20190738.
Miscellaneous Docket - Summary
Disposition
No.
21-0328/AF. U.S. v. Mariano L. Jackson. CCA 39955. 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.
Interlocutory Orders
No.
21-0149/NA. United States, Appellee/Cross-Appellant v. Paul E. Cooper,
Appellant/Cross-Appellee. CCA 201500039. Appellant/Cross-Appellee's motion to
extend time to file a reply brief is granted to September 27, 2021.
No.
21-0263/AR. U.S. v. Angel I. Spencer. CCA 20190762. Appellant's motions to
supplement the record and to file a second supplement to the petition for grant
of review are denied.
No.
21-0350/MC. U.S. v. Lascelles F. Chambers. CCA 201900341. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to September 23, 2021.
No.
21-0358/AF. U.S. v. Charles A. Wilson III. CCA 39387. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 5, 2021.
Petition for Reconsideration Denied
No.
21-0109/AR. U.S. v. Sergio A. Reyes-Lesmes. CCA 20180396. Appellant's petition
for reconsideration of this Court's order issued June 22, 2021 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 13, 2021
Petitions for Grant of Review Filed
No.
21-0359/AR. U.S. v. Mison J. Mickle. CCA 20200421.
No.
21-0360/AF. U.S. v. Brandon M. Horne. CCA 39717.
No.
21-0361/AR. U.S. v. Jose L. Crispin, Jr. CCA 20200563.
No.
21-0362/AR. U.S. v. Erick Allen. CCA 20200039.
Petitions for Grant of Review Denied
No.
21-0283/AR. U.S. v. Jermy E. Hardin. CCA 20200151.
No.
21-0313/AR. U.S. v. Andre J. Fowler, Jr. CCA 20190751.
Interlocutory Orders
No.
21-0324/AR. U.S. v. David T. Burgin. CCA 20200204. Appellant's third motion to
extend time to file the supplement to the petition for grant of review is
granted to September 22, 2021, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No.
21-0333/NA. U.S. v. Rene Trujillo. CCA 9100502. On consideration of the
writ-appeal petition and Appellant's motions to file the writ-appeal petition
out of time and to file the writ-appeal petition under seal, it is ordered that
the writ-appeal petition is denied, and the motions are denied as moot.
No.
21-0335/NA. U.S. v. Davionshante E. Chism. CCA 202000037. Appellant's second
motion to extend time to file the supplement to the petition for grant of review
is granted to September 28, 2021.
No.
21-0357/AF. U.S. v. Manuel Palacios Cueto. CCA 39815. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 4, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 10, 2021
Petition for Grant of Review Filed
No.
21-0358/AF. U.S. v. Charles A. Wilson III. CCA 39387.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 9, 2021
Petition for Grant of Review Filed
No.
21-0357/AF. U.S. v. Manuel Palacios Cueto. CCA 39815.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 8, 2021
Petitions for Grant of Review Denied
No.
21-0264/NA. U.S. v. Ray D. Braimer. CCA 201900271.
No.
21-0297/AF. U.S. v. Kristofer J. Cruspero. CCA S32595.
No.
21-0302/AR. U.S. v. Keenan R. Ducksworth. CCA 20190183.
No.
21-0309/AR. U.S. v. Andre B. Redding-Williams. CCA 20200444.
No.
21-0314/AF. U.S. v. Colby D. Sherwood. CCA S32667.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 7, 2021
Order Granting Petition for Review
No. 21-0312/NA. U.S. v. Wendell E.
Mellette, Jr. CCA 201900305. 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.
M.R.E. 513 EXTENDS THE PYSCHOTHERAPIST-PATIENT
PRIVILEGE TO A "CONFIDENTIAL COMMUNICATION" BETWEEN PATIENT AND PSYCHOTHERAPIST
OR ASSISTANT. DID THE LOWER COURT ERR BY CONCLUDING DIAGNOSES AND TREATMENT ARE
ALSO SUBJECT TO THE PRIVILEGE, INVOKING THE ABSURDITY DOCTRINE?
II.
DID THE NMCCA DEPART FROM SUPREME COURT AND CAAF PRECEDENT BY NOT REVIEWING THE
EVIDENCE AT ISSUE—DIAGNOSES AND TREATMENT, INCLUDING PRESCRIPTIONS—IN
CONCLUDING: (1) THE MENTAL HEALTH EVIDENCE WAS BOTH PREJUDICIAL AND
NON-PREJUDICIAL; AND (2) FAILURE TO PRODUCE IT WAS HARMLESS BEYOND A REASONABLE
DOUBT WHERE THE UNKNOWN EVIDENCE COULD HAVE NEGATED THE EVIDENCE THE NMCCA
CLAIMED TO BE "OVERWHELMING" EVIDENCE?
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
21-0304/MC. U.S. v. Christopher J. Nelson. CCA 202000108. Appellant's motion to
extend time to file a brief and the joint appendix is granted to November 1,
2021.
No.
21-0355/AF. U.S. v. Ngange D. Bah. CCA S32634. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
September 27, 2021.
No.
21-0356/AF. U.S. v. Catarino L. Lopez, Jr. CCA S32597. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to September 27, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 2, 2021
Petitions for Grant of Review Filed
No.
21-0355/AF. U.S. v. Ngange D. Bah. CCA S32634.
No.
21-0356/AF. U.S. v. Catarino L. Lopez, Jr. CCA
S32597.
Interlocutory Order
No.
21-0297/AF. U.S. v. Kristofer J. Cruspero. CCA
S32595. Appellant's motion for leave to attach is denied.
Mandate Issued
No.
20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 1, 2021
Petition for Grant of Review Filed
No.
21-0354/AF. U.S. v. Jamal X. Washington. CCA 39761.
Interlocutory Order
No.
21-0216/NA. U.S. v. Joseph R. Nelson. CCA 201900239. Appellant's motion to
extend time to file a brief and joint appendix is granted to October 12, 2021.
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