UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 28, 2022

 

Petitions for Grant of Review Denied

 

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

No. 22-0074/AF. U.S. v. Kyle B. E. Budde. CCA 39990.

No. 22-0081/NA. U.S. v. Jayke T. Bickford. CCA 202000250.

No. 22-0083/AF. U.S. v. Holden T. Webb. CCA 39904.

 

Miscellaneous Docket - Filing

 

No. 22-0120/NA. U.S v. Decker B. Jordan. CCA 201100621. Notice is given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for extraordinary relief, together with a motion to file the writ-appeal petition out of time were filed under Rule 27(b) on this date. Further action on the petition shall be held in abeyance pending the Court's final action on the motion.

 

Interlocutory Order

 

No. 21-0360/AF. U.S. v. Brandon M. Horne. CCA 39717. On consideration of the motion filed by Protect Our Defenders for leave to file an amicus curiae brief out of time, it is ordered that the motion is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 25, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0116/AR. U.S. v. Lazaro S. Juarez. CCA 20200632.

No. 22-0117/AR. U.S. v. Nathan W. Neuwirth. CCA 20200664.

No. 22-0118/AF. U.S. v. Godric A. Ramirez. CCA 2021-05.

No. 22-0119/AR. U.S. v. Patrick A. Kenneh. CCA 20210383.

 

Interlocutory Order

 

No. 22-0106/NA. U.S. v. Ignacio Delgado. CCA 201900065. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to March 14, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 24, 2022

 

Order Granting Petition for Review

 

No. 22-0091/AF. U.S. v. Javon C. Richard. CCA 39918. 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 EVIDENCE OF PREJUDICE TO GOOD ORDER AND DISCIPLINE FOR THE ARTICLE 134, UCMJ, OFFENSES WAS LEGALLY SUFFICIENT.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 23, 2022

 

Petitions for Grant of Review Denied

 

No. 21-0335/NA. U.S. v. Davionshante E. Chism. CCA 202000037.

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

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

No. 22-0045/AR. U.S. v. Alexander L. Haugabook. CCA 20190679.

No. 22-0073/AR. U.S. v. Erik Arenasbecerra. CCA 20200466.

No. 22-0095/MC. U.S. v. Joshua J. Macko. CCA 202000159.

 

Order Granting Petition for Review

 

No. 21-0325/AR. U.S. v. Leeroy M. Sigrah. CCA 20190556. 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'S DENIAL OF APPELLANT'S R.C.M. 914 MOTIONS MATERIALLY PREJUDICED APPELLANT'S SUBSTANTIAL RIGHTS.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 18, 2022

 

Interlocutory Order

 

No. 22-0115/AF. U.S. v. Xavius F. R. Camps. CCA 39892. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 10, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 17, 2022

 

Petition for Grant of Review Filed

 

No. 22-0115/AF. U.S. v. Xavius F. R. Camps. CCA 39892.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 16, 2022

 

Petition for Grant of Review Filed

 

No. 22-0114/AR. U.S. v. Tony D. Collins. CCA 20210318.

 

Petition for Grant of Review Denied

 

No. 22-0026/AR. U.S. v. Robert L. Barnett. CCA 20190709.

 

Interlocutory Orders

 

No. 22-0052/AR. U.S. v. Samuel B. Badders. CCA 20200735. Appellant's motion to postpone oral arguments granted, the Hearing Notice issued February 9, 2022, setting the above mentioned case for oral argument is vacated, and that oral argument for the above-mentioned case will be rescheduled for a later date specified by the Court.

 

No. 22-0113/AR. U.S. v. Dale E. Long. CCA 20190257. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 8, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 15, 2022

 

Petition for Grant of Review Filed

 

No. 22-0113/AR. U.S. v. Dale E. Long. CCA 20190257.

 

Petitions for Grant of Review Denied

 

No. 22-0071/AF. U.S. v. Rodger L. Shelton, Jr. CCA S32670.

No. 22-0080/AF. U.S. v. Craig P. Gardner. CCA 39929.

 

Interlocutory Orders

 

No. 22-0026/AR. U.S. v. Robert L. Barnett. CCA 20190709. Appellant's motion to attach is granted as it pertains to Defense Appellate Exhibits E and F, and denied as it pertains to the remaining exhibits.

 

No. 22-0070/AF. In Re Jose A. Cossio, Jr. On consideration of Petitioner's motion for leave to file a petition for reconsideration out of time, the petition for reconsideration, motion for leave to file a motion to supplement the petition for reconsideration and motion to supplement the petition for reconsideration, it is ordered that the motions are denied, and the petition for reconsideration is dismissed as untimely.

 

No. 22-0111/AF. U.S. v. Adam M. Rodela. CCA 20080. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 7, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 14, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0110/AR. U.S. v. Cody W. Wood. CCA 20210050.

No. 22-0111/AF. U.S. v. Adam M. Rodela. CCA 20080.

No. 22-0112/AR. U.S. v. Matthew J. Newberry. CCA 20210303.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 11, 2022

 

Petition for Grant of Review Filed

 

No. 22-0109/AR. U.S. v. Trevar D. Tinsley. CCA 20200337.

 

Order Granting Petition for Review

 

No. 22-0066/AR. U.S. v. Ethen D. Black. CCA 20210310. On consideration of the petition for grant of review of the decision of the United States Army 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 granted on the following issue:

 

WHETHER THE ARMY COURT ERRED IN ITS ABUSE OF DISCRETION ANALYSIS BY (1) CREATING A NOVEL TEST FOR COMMON AUTHORITY, (2) FAILING TO GIVE DEFERENCE TO THE MILITARY JUDGE'S FINDINGS, (3) COMPARING A MODERN CELL PHONE TO A TRADITIONAL "CONTAINER," AND (4) FINDING ERROR BASED ON A DIFFERENCE OF OPINION.

 

Pursuant to C.A.A.F. R. 19(a)(7)(A), no further pleadings will be filed.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 10, 2022

 

Petition for Grant of Review Filed

 

No. 22-0108/AR. U.S. v. Zachary T. Hagene. CCA 20210101.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 8, 2022

 

Petitions for Grant of Review Denied

 

No. 22-0043/MC. U.S. v. Adam M. Jacks. CCA 202000098.

No. 22-0057/AR. U.S. v. Harrison B. Poe. CCA 20200357.

No. 22-0060/AF. U.S. v. Theodore W. Barnaby. CCA 39866.

No. 22-0062/AR. U.S. v. Channing L. Strickland. CCA 20190622.

 

Interlocutory Orders

 

No. 22-0106/NA. U.S. v. Ignacio Delgado. CCA 201900065. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 28, 2022.

 

No. 22-0107/AF. U.S. v. William H. Marable. CCA 39954. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 28, 2022.

 

Hearings

 

No. 21-0304/MC. U.S. v. Christopher J. Nelson. CCA 202000108.

No. 21-0312/NA. U.S. v. Wendell E. Mellette, Jr. CCA 201900305.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 7, 2022

 

Orders Granting Petition for Review

 

No. 21-0357/AF. U.S. v. Manuel Palacios Cueto. CCA 39815. 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 issues:

 

I. WHETHER TRIAL DEFENSE COUNSEL WERE INEFFECTIVE.

 

II. WHETHER TRIAL COUNSEL COMMITTED PROSECUTORIAL MISCONDUCT WHEN THEY STATED THAT THEY REPRESENTED "THE PURSUIT OF JUSTICE" AND ARGUED JUSTICE WOULD ONLY BE SERVED IF APPELLANT WAS CONVICTED AND ADJUDGED A SUFFICIENT PUNISHMENT.

 

Briefs will be filed under Rule 25.

 

No. 22-0052/AR. U.S. v. Samuel B. Badders. CCA 20200735. On consideration of the petition for grant of review of the decision of the United States Army 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 granted on the following issue:

 

WHETHER THE ARMY COURT HAD JURISDICTION OVER THIS GOVERNMENT APPEAL OF THE MILITARY JUDGE'S POST-TRIAL ORDER GRANTING A MISTRIAL.

 

Pursuant to C.A.A.F. R. 19(a)(7)(A), no further pleadings will be filed.

 

Interlocutory Order

 

No. 21-0360/AF. U.S. v. Brandon M. Horne. CCA 39717. Appellant's motion for leave to file motion for appropriate relief, which this Court construes as a motion to reschedule oral argument is granted, the Hearing Notice issued January 10, 2022, setting the above-mentioned case for oral argument is vacated, and that oral argument for the above-mentioned case will be rescheduled for a later date specified by the Court.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 4, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0106/NA. U.S. v. Ignacio Delgado. CCA 201900065.

No. 22-0107/AF. U.S. v. William H. Marable. CCA 39954.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 3, 2022

 

Certificate for Review Filed

 

No. 22-0105/AR. United States, Appellant v. David J. Rudometkin, Appellee. CCA 20180058. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

 

WHETHER THE ARMY COURT ERRED BY NOT PROPERLY CONSIDERING THE MILITARY JUDGE'S POST-TRIAL 39(a) PROCEEDINGS RELATING TO APPELLANT'S REQUEST FOR MISTRIAL.

 

WHETHER THE MILITARY JUDGE CLEARLY ABUSED HIS DISCRETION WHEN HE DID NOT GRANT A MISTRIAL AND FOUND THAT RELIEF WAS NOT WARRANTED UNDER LILJEBERG v. HEALTH SERVICES ACQUISITION CORP., 486 U.S. 847 (1988).

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 7th of March, 2022.

 

Interlocutory Orders

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of Appellant's motion to file a motion under seal and the sealed motion to remand, it is ordered that the motion to file a motion under seal is granted, and the sealed motion to remand is denied.

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's fifth motion to extend time to file a brief is granted to March 21, 2022, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 21-0360/AF. U.S. v. Brandon M. Horne. CCA 39717. Appellee's motion to correct errors in the brief is granted.

 

No. 22-0090/AF. U.S. v. Andrew P. Witt. CCA 36785. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 28, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 2, 2022

 

Petitions for Grant of Review Denied

 

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

No. 22-0058/AF. U.S. v. James H. Kennedy IV. CCA S32660.

No. 22-0072/AR. U.S. v. Jose A. Perez. CCA 20200544.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 1, 2022

 

Petition for Grant of Review Filed

 

No. 22-0104/NA. U.S. v. Victor M. Green. CCA 202100032.

 

Interlocutory Orders

 

No. 21-0341/AF. U.S. v. Daniel A. Bench. CCA 39797. Appellee's motion to file a supplemental joint appendix is granted.

 

No. 22-0066/AR. U.S. v. Ethen D. Black. CCA 20210310. Appellee's motion for leave to file an answer to the supplement to the petition for grant of review in excess of the size limit is denied. Appellee will file an answer to the supplement to the petition for grant of review that complies with Rule 21(b) on or before February 7, 2022.

 

No. 22-0102/AF. U.S. v. Jamie Parra. CCA S32653. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 22, 2022.

 

Petition for Reconsideration Denied

 

No. 22-0018/AF. U.S. v. Jamie L. Brown. CCA S39728. Appellant's petition for reconsideration of the Court's order issued January 5, 2022 is denied.



Home Page |  Opinions & Digest  |  Daily Journal  |  Scheduled Hearings  |  Search Site