UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 29, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0246/AR. U.S. v. Ronnie L. Paasch. CCA 20200648.

No. 22-0247/NA. U.S. v. Anthony D. Stith. CCA 202100335.

 

Miscellaneous Docket - Summary Disposition

 

No. 22-0218/AR. Andrew J. Dial, Appellant v. United States, Appellee and Charles L. Pritchard, Colonel, Military Judge, Respondent. CCA 20220001. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 28, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0244/AF. U.S. v. Jesus Martinez. CCA 39903.

No. 22-0245/NA. U.S. v. Suzette A. Prado. CCA 202100303.

 

Petitions for Grant of Review Denied

 

No. 22-0216/AR. U.S. v. Steven A. Greene. CCA 20210077.

No. 22-0217/AR. U.S. v. Micheal C. Holder. CCA 20210314.

 

Notices

 

No. 22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Charles E. Erdmann to perform judicial duties in the above-referenced case, and that Senior Judge Erdmann has consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2018).

 

No. 22-0098/AF. U.S. v. Chase M. Thompson. CCA 40019. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Charles E. Erdmann to perform judicial duties in the above-referenced case, and that Senior Judge Erdmann has consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2018).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 26, 2022

 

Petition for Grant of Review Filed

 

No. 22-0243/AR. U.S. v. Robert J. Comingo. CCA 20190309.

 

Petitions for Grant of Review Denied

 

No. 22-0212/AF. U.S. v. Richard D. Collins. CCA 39296.

No. 22-0214/AR. U.S. v. Cornell S. Thompson. CCA 20210149.

 

Interlocutory Orders

 

No. 22-0105/AR. U.S. v. David J. Rudometkin. CCA 20180058. On consideration of the motion to supplement the record filed by Appellee in propria persona, it is ordered that counsel of record will file a statement explaining why the pleading was filed in propria persona within five days of the date of this order.

 

No. 22-0216/AR. U.S. v. Steven A. Greene. CCA 20210077. On consideration of the motion filed by Captain David D. Hamstra for leave to withdraw as appellate 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 motion is granted.

 

No. 22-0241/MC. U.S. v. Michael R. Pichardo. CCA 202100185. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 15, 2022.

 

No. 22-0242/NA. U.S. v. Keshawn M. Bocage. CCA 202000206. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 15, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 25, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0240/MC. U.S. v. Michael A. True. CCA 202100152.

No. 22-0241/MC. U.S. v. Michael R. Pichardo. CCA 202100185.

No. 22-0242/NA. U.S. v. Keshawn M. Bocage. CCA 202000206.

 

Petitions for Grant of Review Denied

 

No. 22-0176/AR. U.S. v. Richard L. Livingston. CCA 20190587.

No. 22-0194/MC. U.S. v. Brandon L. Grubb. CCA 202100156.

 

Orders Granting Petition for Review

 

No. 22-0193/AF. U.S. v. Anthony A. Anderson. CCA 39969. 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 APPELLANT WAS DEPRIVED OF HIS RIGHT TO A UNANIMOUS VERDICT AS GUARANTEED BY THE SIXTH AMENDMENT, THE FIFTH AMENDMENT'S DUE PROCESS CLAUSE, AND THE FIFTH AMENDMENT'S RIGHT TO EQUAL PROTECTION.

 

Briefs will be filed under Rule 25.

 

No. 22-0205/AF. U.S. v. Andrew Y. Veerathanongdech. CCA 40005. 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 MILITARY JUDGE'S FAILURE TO INSTRUCT THE PANEL THAT A GUILTY VERDICT MUST BE UNANIMOUS WAS HARMLESS BEYOND A REASONABLE DOUBT.

 

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 22, 2022

 

Petition for Grant of Review Filed

 

No. 22-0239/MC. U.S. v. Dereck E. Tabor. CCA 202100046.

 

Interlocutory Orders

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellee's motion to supplement the record is granted.

 

No. 22-0229/AR. Keith Ferreira, Appellant v. United States, Appellee and Charles L. Pritchard, Colonel, Military Judge, Respondent. CCA 20220034. Appellant's motion to stay court-martial proceedings is denied.

 

No. 22-0234/AR. U.S. v. Byunggu Kim. CCA 20200689. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 12, 2022.

 

No. 22-0235/AF. U.S. v. Nathaniel A. Jackson. CCA 40067. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 12, 2022.

 

No. 22-0239/MC. U.S. v. Dereck E. Tabor. CCA 202100046. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 12, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 21, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0235/AF. U.S. v. Nathaniel A. Jackson. CCA 40067.

No. 22-0236/AR. U.S. v. David L. Revelsvelez. CCA 20210494.

No. 22-0237/AF. U.S. v. Caleb A.C. Smith. CCA 40013.

No. 22-0238/AF. U.S. v. Jerard Simmons. CCA 39342.

 

Petition for Grant of Review Denied

 

No. 22-0206/AF. U.S. v. Evan L. Westcott. CCA 39936.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 20, 2022

 

Petition for Grant of Review Filed

 

No. 22-0234/AR. U.S. v. Byunggu Kim. CCA 20200689.

 

Interlocutory Order

 

No. 22-0233/AR. U.S. v. Margarito Miramontes. CCA 20200476. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 9, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 19, 2022

 

Petition for Grant of Review Filed

 

No. 22-0233/AR. U.S. v. Margarito Miramontes. CCA 20200476.

 

Petitions for Grant of Review Denied

 

No. 22-0134/AF. U.S. v. Frank M. Vargas. CCA 38991.

No. 22-0191/AR. U.S. v. Charles A. Reynolds. CCA 20200473.

No. 22-0201/AF. U.S. v. Mariano L. Jackson. CCA 39955.

 

Interlocutory Order

 

No. 22-0218/AR. Andrew J. Dial, Appellant v. United States, Appellee and Charles L. Pritchard, Colonel, Military Judges, Respondent. CCA 20220001. On consideration of the motion filed by the National Association of Criminal Defense Lawyers to file an amicus curiae brief in support of Appellant, it is ordered that the motion is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 18, 2022

 

Petition for Grant of Review Filed

 

No. 22-0232/NA. U.S. v. Jose Tejeda. CCA 202100176.

 

Petitions for Grant of Review Denied

 

No. 22-0198/AR. U.S. v. Dylan T. Kelly. CCA 20210033.

No. 22-0202/AR. U.S. v. Jose G. Robles. CCA 20210342.

No. 22-0210/NA. U.S. v. Jacob M. Taylor. CCA 202000263.

 

Interlocutory Orders

 

No. 22-0066/AR. U.S. v. Ethen D. Black. CCA 20210310. On consideration of the motion filed by Major Joseph A. Seaton, Jr. for leave to withdraw as appellate counsel, it is ordered that the motion is granted.

 

No. 22-0176/AR. U.S. v. Richard L. Livingston. CCA 20190587. On consideration of the motion filed by Major Joseph A. Seaton, Jr. for leave to withdraw as appellate 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. 22-0197/AR. U.S. v. Charles E. Robinson III. CCA 20170536. On consideration of the motion filed by Major Joseph A. Seaton, Jr. for leave to withdraw as appellate 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. 22-0223/AR. U.S. v. Sylvio A. Soler. CCA 20210017. On consideration of the motion filed by Major Joseph A. Seaton, Jr. for leave to withdraw as appellate 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. 22-0228/AR. U.S. v. Braton A. Hart. CCA 20210417. On consideration of the motion filed by Major Joseph A. Seaton, Jr. for leave to withdraw as appellate 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. 22-0231/NA. U.S. v. Jasan E. Williams. CCA 202100006. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 8, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 15, 2022

 

Petition for Grant of Review Filed

 

No. 22-0231/NA. U.S. v. Jasan E. Williams. CCA 202100006.

 

Interlocutory Order

 

No. 22-0137/AR. U.S. v. Matthew E. Davis. CCA 20200659. On consideration of the motion filed by Captain David D. Hamstra for leave to withdraw as appellate 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

Thursday, July 14, 2022

 

Petition for Grant of Review Filed

 

No. 22-0230/AR. U.S. v. Tristen D. Willey. CCA 20210631.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 13, 2022

 

Miscellaneous Docket - Filing

 

No. 22-0229/AR. Keith Ferreira, Appellant v. United States, Appellee and Charles L. Pritchard, Colonel, Military Judge, Respondent. CCA 20220034. 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 was filed under Rule 27(b) on this date.

 

Interlocutory Orders

 

No. 21-0325/AR. U.S. v. Leeroy M. Sigrah. CCA 20190556. On consideration of the motion filed by Captain David D. Hamstra for leave to withdraw as appellate 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. 22-0214/AR. U.S. v. Cornell S. Thompson. CCA 20210149. On consideration of the motion filed by Major Lauren M. Teel for leave to withdraw as appellate 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, July 12, 2022

 

Petitions for Grant of Review Denied

 

No. 22-0195/AR. U.S. v. Eric L. Wilson. CCA 20200584.

No. 22-0204/AR. U.S. v. Sergio A. Lopez. CCA 20200568.

No. 22-0207/AR. U.S. v. Anthony M. Glaude. CCA 20210565.

No. 22-0208/AR. U.S. v. Matthew D. Horton. CCA 20210197.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 11, 2022

 

Petition for Grant of Review Filed

 

No. 22-0228/AR. U.S. v. Braton A. Hart. CCA 20210417.

 

Interlocutory Orders

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of Appellee's motion to extend time to file the supplement to the petition for grant of review, motion to exceed page limitations, and motion to file a brief under seal, it is ordered that motion to extend time to file the supplement to the petition for grant of review is granted to September 19, 2022, the motion to exceed page limitations is granted up to 250 pages, and the motion to file the brief under seal is granted.

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of the motion filed by Major Christian E. DeLuke for leave to withdraw as appellate counsel, it is ordered that the motion is granted.

 

No. 22-0221/MC. U.S. v. Rivelino P. Rivero. CCA 202100106. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 1, 2022.

 

No. 22-0226/AR. U.S. v. Nicholas J. Apgar. CCA 20200615. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 1, 2022.

 

No. 22-0227/AR. U.S. v. Darrick E. Johnson. CCA 20200382. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 1, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 8, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0222/AR. U.S. v. Austin T. Morgan. CCA 20210294.

No. 22-0223/AR. U.S. v. Sylvio A. Soler. CCA 20210017.

No. 22-0224/AR. U.S. v. Virico L. Nelson. CCA 20210423.

No. 22-0225/AR. U.S. v. Nikolas A. Campbell. CCA 20210502.

No. 22-0226/AR. U.S. v. Nicholas J. Apgar. CCA 20200615.

No. 22-0227/AR. U.S. v. Darrick E. Johnson. CCA 20200382.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 7, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0220/AR. U.S. v. Ezekiel Walker. CCA 20210325.

No. 22-0221/MC. U.S. v. Rivelino P. Rivero. CCA 202100106.

 

Petitions for Grant of Review Denied

 

No. 22-0169/AR. U.S. v. Austin C. Hamilton. CCA 20200347.

No. 22-0171/AF. U.S. v. Wendy A. Barnes. CCA 39834.

No. 22-0182/AR. U.S. v. Antonio T. Moore. CCA 20140875.

No. 22-0184/AF. U.S. v. Robert A. Mardis. CCA 39980.

No. 22-0199/AF. U.S. v. Tarif R. Williams. CCA 40028.

No. 22-0200/AF. U.S. v. Jovan-Tyree S. Lilly. CCA S32703.

 

Order Granting Petition for Review

 

No. 22-0090/AF. U.S. v. Andrew P. Witt. CCA 36785. 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:

 

DURING SENTENCING PROCEEDINGS THE TRIAL COUNSEL URGED THE PANEL MEMBERS TO CONSIDER HOW THE SENTENCE THEY IMPOSED WOULD REFLECT ON THEM PERSONALLY AND PROFESSIONALLY, AND SUGGESTED THAT THE MEMBERS WOULD BE RESPONSIBLE FOR ANY HARM APPELLANT COMMITTED IN THE FUTURE. DID THE TRIAL COUNSEL'S SENTENCING ARGUMENT CONSTITUTE PROSECUTORIAL MISCONDUCT THAT WARRANTS RELIEF?

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 22-0098/AF. U.S. v. Chase M. Thompson. CCA 40019. On consideration of the motion filed by Major Ryan S. Crnkovich for leave to withdraw as appellate 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. 22-0123/AF. U.S. v. Travis D. Pullings. CCA 39948. Appellant's motion to extend time to file a reply brief is granted.

 

No. 22-0165/AF. U.S. v. Jonathan M. Martinez. CCA 39973. On consideration of the motion filed by Major Ryan S. Crnkovich for leave to withdraw as appellate 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. 22-0184/AF. U.S. v. Robert A. Mardis. CCA 39980. On consideration of the motion filed by Major Ryan S. Crnkovich for leave to withdraw as appellate 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. 22-0201/AF. U.S. v. Mariano L. Jackson. CCA 39955. On consideration of the motion filed by Major Ryan S. Crnkovich for leave to withdraw as appellate 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

Wednesday, July 6, 2022

 

Interlocutory Order

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of Appellant's motion to unseal the sealed portion of the trial transcript, it is ordered that the motion is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 5, 2022

 

Interlocutory Orders

 

No. 22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248. Appellant's motion to extend time to file a brief and a joint appendix is granted to July 12, 2022.

 

No. 22-0143/AR. U.S. v. Hector L. Lopez, Jr. CCA 20200642. On consideration of the motion filed by Major Lauren M. Teel for leave to withdraw as appellate 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. 22-0219/AF. U.S. v. Gregory A. Halter, Jr. CCA S32666. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 25, 2022.



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