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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