UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 31, 2022
Petition for Grant of Review Filed
No.
22-0199/AF. U.S. v. Tarif R. Williams. CCA 40028.
Mandate Issued
No.
21-0360/AF. U.S. v. Brandon M. Horne. CCA 39717.
UNITED STATES COURT OF APPEALS FOR THE
ARMED FORCES
DAILY JOURNAL
Friday, May 27, 2022
Interlocutory Order
No.
22-0129/AR. U.S. v. Nicholas R. St. Jean. CCA 20190663. Appellant's motion to
examine sealed material is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 26, 2022
Petitions for Grant of Review Denied
No.
22-0101/AR. U.S. v. Nicholas A. Stewart. CCA 20190294.
No.
22-0109/AR. U.S. v. Trevar D. Tinsley. CCA 20200337.
Order Granting Petition for Review
No. 22-0123/AF. U.S. v. Travis D. Pullings. CCA 39948. 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.
IN ADDITION TO PRISON OFFICIALS, CAN THE DECISIONS OF MILITARY PERSONNEL
SATISFY THE "DELIBERATE INDIFFERENCE" ASPECT OF THE CRUEL AND UNUSUAL
PUNISHMENT TEST WHEN THEY REPEATEDLY SEND MILITARY INMATES TO A LOCAL CIVILIAN
CONFINEMENT CENTER WITH A HISTORY OF INHUMANE LIVING CONDITIONS FOR INMATES?
II.
ADDITIONALLY OR ALTERNATIVELY, DID APPELLANT SUFFER CRUEL AND UNUSUAL
PUNISHMENT FOR 247 DAYS AND NIGHTS AT LOWNDES COUNTY JAIL?
Briefs
will be filed under Rule 25.
Interlocutory Order
No.
22-0198/AR. U.S. v. Dylan T. Kelly. CCA 20210033. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 15, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 25, 2022
Petition for Grant of Review Filed
No.
22-0198/AR. U.S. v. Dylan T. Kelly. CCA 20210033.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 24, 2022
Petition for Grant of Review Denied
No.
22-0131/NA. U.S. v. Timothy Bork. CCA 202000191.
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 5, 2022.
No.
22-0196/NA. U.S. v. Isiah Anthony P. Causey. CCA 202000228. Appellant's motion
to extend time to file the supplement to the petition for grant of review is
granted to June 13, 2022.
Hearings
No.
21-0325/AR. U.S. v. Leeroy M. Sigrah. CCA 20190556.
No.
22-0105/AR. U.S. v. David J. Rudometkin. CCA
20180058.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
May 23, 2022
Petitions for Grant of Review Filed
No.
22-0196/NA. U.S. v. Isiah Anthony P. Causey. CCA 202000228.
No.
22-0197/AR. U.S. v. Charles E. Robinson III. CCA 20170536.
Petitions for Grant of Review Denied
No.
22-0147/AR. U.S. v. Lonnie J. Russell, Jr. CCA 20200719.
No.
22-0161/AF. U.S. v. Erik M. Beehler. CCA 39964.
No.
22-0168/AF. U.S. v. Cyle L. Davis. CCA S32648.
Order Granting Petition for Review
No. 22-0122/AF. U.S. v. Katelyn L. Day.
CCA 39962.
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
ATTEMPTED CONSPIRACY, "A CREATURE UNKNOWN TO FEDERAL LAW," IS A VIABLE OFFENSE
UNDER THE UCMJ.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
May 20, 2022
Interlocutory Orders
No.
22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248. Appellant's motion to
examine sealed material is granted.
No.
22-0129/AR. U.S. v. Nicholas R. St. Jean. CCA 20190663. Appellant's motion to
examine sealed material is granted.
No.
22-0194/MC. U.S. v. Brandon L. Grubb. CCA 202100156. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to June 9, 2022.
No.
22-0195/AR. U.S. v. Eric L. Wilson. CCA 20200584. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 9, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 19, 2022
Petitions for Grant of Review Filed
No.
22-0194/MC. U.S. v. Brandon L. Grubb. CCA 202100156.
No.
22-0195/AR. U.S. v. Eric L. Wilson. CCA 20200584.
Interlocutory Orders
No.
22-0129/AR. U.S. v. Nicholas R. St. Jean. CCA 20190663. Appellee's motion to
examine sealed material is granted.
No.
22-0193/AF. U.S. v. Anthony A. Anderson. CCA 39969. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to June 8, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 17, 2022
Petitions for Grant of Review Filed
No.
22-0191/AR. U.S. v. Charles A. Reynolds. CCA 20200473.
No.
22-0192/AF. U.S. v. Johnathan M. Fumega. CCA S32668.
No.
22-0193/AF. U.S. v. Anthony A. Anderson. CCA 39969.
Petitions for Grant of Review Denied
No.
22-0092/AR. U.S. v. Robert N. Patton. CCA 20200443.
No.
22-0099/AR. U.S. v. Daniel Gonzalez. CCA 20190850.
No.
22-0145/AR. U.S. v. Christopher R. Batissa. CCA 20200509.
No.
22-0150/AR. U.S. v. Patrick H. Hatfield, Jr. CCA 20200410.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
May 16, 2022
Petitions for Grant of Review Filed
No.
22-0189/AR. U.S. v. Giovanni A. Caban. CCA 20210214.
No.
22-0190/AF. U.S. v. Dejuan A. Jones. CCA 39950.
Interlocutory Orders
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781.
Appellee's motion to extend time to file a brief is granted to July 19, 2022.
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781.
Appellant's motion to file Volumes III and IV of the joint appendix under seal
is granted.
No.
22-0129/AR. U.S. v. Nicholas R. St. Jean. CCA 20190663. On consideration of the
motion filed by Major Thomas J. Travers 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.
22-0187/AR. U.S. v. Ahmad R. Alhadi. CCA 20190825.
Appellant's motion to extend time to file the supplement to the petition for
grant of is granted to June 6, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
May 13, 2022
Petitions for Grant of Review Filed
No.
22-0187/AR. U.S. v. Ahmad R. Alhadi. CCA 20190825.
No.
22-0188/AR. U.S. v. Darren M. Newcomb. CCA 20200604.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 12, 2022
Interlocutory Order
No.
22-0171/AF. U.S. v. Wendy A. Barnes. CCA 39834. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
May 31, 2022.
Mandate Issued
No.
21-0304/MC. U.S. v. Christopher J. Nelson. CCA 202000108.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 11, 2022
Petitions for Grant of Review Filed
No.
22-0184/AF. U.S. v. Robert A. Mardis. CCA 39980.
No.
22-0185/AR. U.S. v. Daniel J. Candelario. CCA
20210079.
No.
22-0186/AR. U.S. v. Amir J. Smith. CCA 20210287.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 10, 2022
Petition for Grant of Review Filed
No.
22-0183/AR. U.S. v. Oswaldo Isais. CCA 20210391.
Petitions for Grant of Review Denied
No.
22-0139/AR. U.S. v. Randall S. Hughes. CCA 20210152.
No.
22-0162/AR. U.S. v. Daniel E. Alegria. CCA 20210118.
No.
22-0164/AR. U.S. v. Joshua A. McCraw. CCA 20210255.
Interlocutory Orders
No.
22-0165/AF. U.S. v. Jonathan M. Martinez. CCA 39973. Appellant's motion to
submit matters pursuant to United States
v. Grostefon is granted.
No.
22-0182/AR. U.S. v. Antonio T. Moore. CCA 20140875. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to May 31, 2022.
Hearings
No.
21-0357/AF. U.S. v. Manuel Palacios Cueto. CCA 39815.
No.
22-0091/AF. U.S. v. Javon C. Richard. CCA 39918.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
May 6, 2022
Petitions for Grant of Review Filed
No.
22-0181/AR. U.S. v. Damian A. Martinez. CCA 20210132.
No.
22-0182/AR. U.S. v. Antonio T. Moore. CCA 20140875.
Petitions for Grant of Review Denied
No.
22-0140/AF. U.S. v. Jacob M. Huff. CCA 39845.
No.
22-0141/AF. U.S. v. Patrick A. Caffrey. CCA 39879.
No.
22-0156/AR. U.S. v. Brandon A. Smith. CCA 20210410.
No.
22-0157/AR. U.S. v. Joshua A. Howard. CCA 20210091.
No.
22-0158/AR. U.S. v. Morris C. Comia. CCA 20210135.
No.
22-0159/AF. U.S. v. Dalyn P. Lowe. CCA S32707.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
May 5, 2022
Petitions for Grant of Review Filed
No.
22-0178/AR. U.S. v. Alfonso A. Espinoza. CCA 20210059.
No.
22-0179/AR. U.S. v. Tommy M. Blanchard. CCA 20210283.
No.
22-0180/AR. U.S. v. Nathaniel W. Potter. CCA 20210350.
Order Granting Petition for Review
No. 22-0129/AR. U.S. v. Nicholas R. St.
Jean. CCA 20190663.
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 MILTIARY JUDGE ERRED BY EXCLUDING EVIDENCE UNDER MIL. R. EVID. 412 AND BY
PREVENTING THE DEFENSE FROM PRESENTING EVIDENCE OF PARTICIPATION AND CONSENT
DURING THE RES GESTAE OF THE CHARGED SEXUAL ASSAULT.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
May 4, 2022
Petition for Grant of Review Filed
No.
22-0177/AR. U.S. v. Derrick L. Hurts. CCA 20210244.
Interlocutory Order
No.
22-0105/AR. U.S. v. David J. Rudometkin. CCA 20180058.
On consideration of the motions file by the National Institute of Military
Justice for leave to file an amicus curiae brief and for leave to participate
in oral argument, it is ordered that the motion for leave to file an
amicus curiae brief is granted, and the motion for leave to participate in oral
argument is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
May 3, 2022
Petitions for Grant of Review Denied
No.
22-0033/AR. U.S. v. Matthew K. Snyder. CCA 20200123.
No.
22-0076/AR. U.S. v. Chad J. Smith. CCA 20200652.
No.
22-0089/AR. U.S. v. Jaime E. Izquierdogranda. CCA
20210103.
No.
22-0152/AR. U.S. v. Ian M. Mendez. CCA 20200726.
No.
22-0153/AR. U.S. v. Edward D. Reed. CCA 20210063.
No.
22-0154/AF. U.S. v. Brandon M. Leach. CCA 39805.
No.
22-0155/AR. U.S. v. Noe A. Retana. CCA 20210156.
Order Granting Petition for Review
No. 22-0065/NA. U.S. v. Willie C. Jeter.
CCA 201700248.
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 issue:
DID
THE CONVENING AUTHORITY VIOLATE APPELLANT'S EQUAL PROTECTION RIGHTS, OVER
DEFENSE OBJECTION, WHEN HE CONVENED AN ALL-WHITE PANEL USING A RACIALLY
NONNEUTRAL MEMBER SELECTION PROCESS AND PROVIDED NO EXPLANATION FOR THE
MONOCHROMATIC RESULT BEYOND A NAKED AFFIRMATION OF GOOD FAITH IN SPITE OF A
DEFENSE OBJECTION?
Briefs
will be filed under Rule 25.
Interlocutory Order
No.
22-0176/AR. U.S. v. Richard L. Livingston. CCA 20190587. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to May 23, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
May 2, 2022
Petitions for Grant of Review Filed
No.
22-0175/AF. U.S. v. Vanessa R. Rivas. CCA 40059.
No.
22-0176/AR. U.S. v. Richard L. Livingston. CCA 20190587.
Mandate Issued
No.
21-0245/AF. U.S. v. Isaiah L. Edwards. CCA 39696.
Notices
No.
22-0105/AR. U.S. v. David J. Rudometkin. CCA 20190556.
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 Andrew S. Effron to
perform judicial duties in the above-referenced case, and that Senior Judge Effron
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.
22-0325/AR. U.S. v. Leeroy M. Sigrah. CCA 20180058. 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 Andrew S. Effron to perform
judicial duties in the above-referenced case, and that Senior Judge Effron 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).
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