UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 30, 2022

 

Petition for Grant of Review Filed

 

No. 23-0050/AR. U.S. v. Cory M. Garrett. CCA 20210298.

 

Petition for Grant of Review Denied

 

No. 22-0213/AR. U.S. v. Alexander R. Soto. CCA 20200387.

 

Interlocutory Orders

 

No. 22-0090/AF. U.S. v. Andrew P. Witt. CCA 36785. Appellee's motion to submit a second supplemental joint appendix is granted.

 

No. 23-0049/MC. U.S. v. Miguel A. Champion-Flores. CCA 202100088. Appellant's motion to extend time to file the supplement to the petition for the grant of review is granted to December 20, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 29, 2022

 

Petition for Grant of Review Filed

 

No. 23-0049/MC. U.S. v. Miguel A. Champion-Flores. CCA 202100088.

 

Petition for Grant of Review Denied

 

No. 23-0019/AF. U.S. v. Joshua P. Mock. CCA 40072.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, November 28, 2022

 

Petition for Grant of Review Filed

 

No. 23-0048/AR. U.S. v. Anthony A. Lilore. CCA 20210642.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 23, 2022

 

Petition for Grant of Review Filed

 

No. 23-0047/AR. U.S. v. Holden M. Modlin. CCA 20210554.

 

Interlocutory Orders

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to December 14, 2022.

 

No. 23-0001/AR. U.S. v. Cameron M. Mays. CCA 20200623. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted up to and including December 6, 2022, and, absent extraordinary circumstances, no further extensions of time will be granted in this case.

 

No. 23-0016/MC. U.S. v. Dexter K. Kunishige. CCA 201800110. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted up to and including December 7, 2022, and, absent extraordinary circumstances, no further extensions of time will be granted in this case.

 

No. 23-0022/AF. U.S. v. Michael J. Wermuth. CCA 39856. Appellant's motion to file the supplement to the petition for grant of review out of time, it now appears that that the supplement was timely filed, is denied as moot.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 22, 2022

 

Petitions for Grant of Review Filed

 

No. 23-0044/AR. U.S. v. Jeremy D. Davies. CCA 20210641.

No. 23-0045/AR. U.S. v. Ramone S. Williams. CCA 20220011.

No. 23-0046/AR. U.S. v. Kyran N. Hulitt. CCA 20210282.

 

Petitions for Grant of Review Denied

 

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

No. 22-0251/AF. U.S. v. Deontre M. White. CCA 39917.

No. 22-0275/AF. U.S. v. Nicholas J. Velasquez. CCA 40056.

No. 22-0291/MC. U.S. v. Jose A. Cabrera. CCA 202100085.

No. 23-0013/AF. U.S. v. Tymon C. Blow. CCA S32631.

No. 23-0014/AR. U.S. v. Esau J. Burke. CCA 20210609.

No. 23-0015/AF. U.S. v. Jelani A. Gale. CCA 40165.

No. 23-0017/AF. U.S. v. Nathaniel R. Heppermann. CCA 40065.

 

Appeal - Summary Disposition

 

No. 23-0037/AF. In re David H. Juillerat, Petitioner. CCA 34205. On consideration of the Docketing Notice issued on November 14, 2022, in the above-referenced case, it is noted that Petitioner's petition, although electronically sent to this Court, was addressed to the United States Air Force Court of Criminal Appeals.  Accordingly, it is ordered that the Docketing Notice issued November 14, 2022, is vacated, and the Clerk of the Court will forward this petition to the United States Air Force Court of Criminal Appeals as a matter under its cognizance.  

 

Interlocutory Order

 

No. 23-0026/AR. U.S. v. Sven M. Council. CCA 20190321. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to December 13, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, November 21, 2022

 

Petition for Grant of Review Filed

 

No. 23-0043/AF. U.S. v. Nicholas G. Howell. CCA 39949.

 

Interlocutory Orders

 

No. 23-0042/AF. U.S. v. Jackson J. McClenney. CCA S32712. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 12, 2022.

 

No. 23-0043/AF. U.S. v. Nicholas G. Howell. CCA 39949. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 12, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, November 18, 2022

 

Petition for Grant of Review Filed

 

No. 23-0042/AF. U.S. v. Jackson J. McClenney. CCA S32712.

 

Miscellaneous Docket - Summary Disposition

 

No. 22-0298/AF. Robert A. Condon, Appellant v. United States, Appellee. CCA 38765. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is denied.

 

Interlocutory Orders

 

No. 23-0023/NA. U.S. v. Justin M. Gortzig. CCA 202100064. On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to December 2, 2022.

 

No. 23-0024/AR. U.S. v. Shayne C. Grindstaff. CCA 20200315. On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to December 5, 2022.

 

No. 23-0040/AF. U.S. v. Jonathon S. Solomon. CCA 39972. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to December 8, 2022.

 

No. 23-0041/AF. U.S. v. Ian J.B. Cadavona. CCA 40129. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to December 8, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, November 17, 2022

 

Petitions for Grant of Review Filed

 

No. 23-0040/AF. U.S. v. Jonathon S. Solomon. CCA 39972.

No. 23-0041/AF. U.S. v. Ian J.B. Cadavona. CCA 40129.

 

Interlocutory Order

 

No. 23-0021/NA. U.S. v. Nixon Keago. CCA 202100008. On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to December 6, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 16, 2022

 

Interlocutory Order

 

No. 23-0039/AF. U.S. v. Joseph B. Carlile. CCA 40053. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to December 6, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 15, 2022

 

Petitions for Grant of Review Filed

 

No. 23-0038/AR. U.S. v. Mitchell A. Bentley. CCA 20210181.

No. 23-0039/AF. U.S. v. Joseph B. Carlile. CCA 40053.

 

Petitions for Grant of Review Denied

 

No. 23-0008/AR. U.S. v. Kaleb N. Prysock. CCA 20220210.

No. 23-0009/AR. U.S. v. Edward P. Cepe. CCA 20220075.

No. 23-0011/AR. U.S. v. Hunter G. Matthews. CCA 20210461.

 

Interlocutory Order

 

No. 22-0299/AF. Steven M. Chapman v. United States. CCA 35564. On consideration of the writ-appeal petition and Appellant's motion to extend time to file a response to Appellee's answer to the writ-appeal, it is ordered that Appellant's motion to extend time to file a response to Appellee's answer to the writ-appeal is denied; and that the writ-appeal petition is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, November 14, 2022

 

Petitions for Grant of Review Filed

 

No. 23-0035/MC. U.S. v. Jordy J. Delafuente. CCA 202100080.

No. 23-0036/AR. U.S. v. Sebastian Ventura. CCA 20210049.

 

Miscellaneous Docket - Filing

 

No. 23-0037/AF. In re David H. Juillerat, Petitioner. CCA 34205. Notice is given that a petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on this date.

 

Interlocutory Orders

 

No. 23-0001/AR. U.S. v. Cameron M. Mays. CCA 20200623. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 29, 2022.

 

No. 23-0032/AF. U.S. v. Tucker L. Binegar. CCA S32625. Appellant's motion to extend time to file the supplement to the petition for grant of is granted to December 5, 2022.

 

No. 23-0033/CG. U.S. v. Cory A. Armitage. CCA 1478. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 5, 2022.

 

No. 23-0034/AF. U.S. v. Seth M. Nix. CCA S32696. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 5, 2022.

 

No. 23-0036/AR. U.S. v. Sebastian Ventura. CCA 20210049. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 5, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, November 10, 2022

 

Petitions for Grant of Review Filed

 

No. 23-0032/AF. U.S. v. Tucker L. Binegar. CCA S32625.

No. 23-0033/CG. U.S. v. Cory A. Armitage. CCA 1478.

No. 23-0034/AF. U.S. v. Seth M. Nix. CCA S32696.

 

Order Granting Petition for Review

 

No. 22-0279/MC. U.S. v. Ethan R. Shields. CCA 202100061. 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:

 

WHERE THE SEARCH AUTHORIZATION ONLY SOUGHT MATERIALS FROM ONE DATE, BUT THE GOVERNMENT LOOKED AT IMAGES IRRESPECTIVE OF THAT DATE, DID THE MILITARY JUDGE ABUSE HIS DISCRETION BY FINDING THE SEARCH DID NOT VIOLATE THE FOURTH AMENDMENT?

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 9, 2022

 

Interlocutory Orders

 

No. 23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. On consideration of Appellant's third motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to November 23, 2022; and, absent extraordinary circumstances, no further extensions of time will be granted in this case.

 

No. 23-0016/MC. U.S. v. Dexter K. Kunishige. CCA 201800110. On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted to November 28, 2022.

 

Hearing

 

No. 22-0129/AR. U.S. v. Nicholas R. St. Jean. CCA 20190663.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 8, 2022

 

Petitions for Grant of Review Filed

 

No. 23-0030/AR. U.S. v. Exavier L. Jackson. CCA 20220020.

No. 23-0031/AR. U.S. v. Mercedes Manning. CCA 20220173.

 

Petitions for Grant of Review Denied

 

No. 22-0253/AF. U.S. v. Deric W. Prescott. CCA 2022-03.

No. 22-0256/AF. U.S. v. Deric W. Prescott. CCA 39931.

No. 22-0287/AR. U.S. v. Randy P. French. CCA 20200145.

No. 23-0002/AR. U.S. v. Erion T. Hogan. CCA 20220013.

 

Interlocutory Order

 

No. 22-0296/AR. U.S. v. Joseph D. Kjos. CCA 20210489. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals and Appellant's motion to file the supplement to the petition out of time, it is ordered that the motion is denied, and the petition for grant of review is denied.

 

Hearings

 

No. 22-0123/AF. U.S. v. Travis D. Pullings. CCA 39948.

No. 22-0170/AF. U.S. v. William C. McAlhaney. CCA 39979.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, November 7, 2022

 

Order Granting Petition for Review

 

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

 

I. WHETHER A GUILTY PLEA TO AN OFFENSE WAIVES A CHALLENGE THAT THE CONDUCT IS NOT A COGNIZABLE OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

 

II. WHETHER, IN THIS CASE, INTERNET SEARCH QUERIES FOR "DRUGGED SLEEP" AND "RAPE SLEEP" ARE INDECENT CONDUCT; IN THE ALTERNATIVE, WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY FAILING TO ABIDE BY THE HEIGHTENED PLEA INQUIRY REQUIREMENTS UNDER UNITED STATES v. HARTMAN, 69 M.J. 467 (C.A.A.F. 2011).

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 23-0012/MC. E.C.E., Appellant v. United States, Appellee and Kyle A. Shelby, Real Party In Interest. CCA 202200213. On consideration of the motions filed by the Real Party In Interest for leave to file out of time a motion to extend time to file a response and to extend time to file an answer to the writ-appeal, it is ordered that the motions are granted, and the answer to the writ-appeal will be filed on or before November 10, 2022.

 

No. 23-0012/MC. E.C.E., Appellant v. United States, Appellee and Kyle A. Shelby, Real Party In Interest. CCA 202200213. On consideration of Appellee's motions for leave to file out of time a motion to extend time to file a response and to extend time to file an answer to the writ-appeal, it is ordered that the motions are granted, and the answer to the writ-appeal will be filed on or before November 10, 2022.

 

No. 23-0026/AR. U.S. v. Sven M. Council. CCA 20190321. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 28, 2022.

 

No. 23-0027/AF. U.S. v. James T. Cunningham. CCA 40093. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 28, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, November 4, 2022

 

Petitions for Grant of Review Filed

 

No. 23-0026/AR. U.S. v. Sven M. Council. CCA 20190321.

No. 23-0027/AF. U.S. v. James T. Cunningham. CCA 40093.

No. 23-0029/AR. U.S. v. Andre X. Tate. CCA 20200590.

 

Petitions for Grant of Review Denied

 

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

No. 22-0281/AR. U.S. v. Chance K.J. Harris. CCA 20210133.

 

Miscellaneous Docket - Filing

 

No. 23-0028/AR. U.S. v. Andre X. Tate. CCA 20200470. Notice is hereby given that a writ-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.

 

Order Granting Petition for Review

 

No. 22-0277/NA. U.S. v. Adam M. Pyron. CCA 201900296R. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps 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 hereby granted on the following issues:

 

I. WHETHER THE LOWER COURT EXCEEDED THE SCOPE OF REVIEW UNDER ARTICLE 62, UCMJ, AND DEPARTED FROM THIS COURT'S PRECEDENT SET IN UNITED STATES v. VANGELISTI BY ATTACHING MATERIALS TO THE RECORD THAT WERE NOT PROFFERED AT TRIAL AND USING THEM TO APPELLANT'S DETRIMENT.

 

II. WHETHER THE MILITARY JUDGE CORRECTLY CONCLUDED APPELLANT'S TESTIMONY FROM HIS FIRST COURT-MARTIAL WAS INADMISSIBLE WHERE THE GOVERNMENT FAILED TO PROVE APPELLANT TESTIFIED FOR REASONS UNRELATED TO HIS BIASED MEMBERS PANEL.

 

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

 

Interlocutory Order

 

No. 23-0025/AF. U.S. v. Jared J. Baird. CCA 40050. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review, it is ordered the motion is granted to November 28, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, November 3, 2022

 

Petition for Grant of Review Filed

 

No. 23-0025/AF. U.S. v. Jared J. Baird. CCA 40050.

 

Interlocutory Order

 

No. 22-0293/NA. U.S. v. Jason S. Doyle. CCA 201900190R. On consideration of Appellant's third motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted up to and including November 14, 2022; and that, absent extraordinary circumstances, no further extension of time will be granted in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 2, 2022

 

Petition for Grant of Review Denied

 

No. 22-0289/AF. U.S. v. Craig M. Geier. CCA S32679.

 

Orders Granting Petition for Review

 

No. 22-0254/AR. U.S. v. Andrew D. Steele. CCA 20170303. 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 hereby granted on the following issue:

 

WHETHER THE ARMY COURT IMPROPERLY APPLIED A FEDERAL HABEAS STANDARD THAT IS INCONSISTENT WITH ARTICLE 66, UCMJ, IN FINDING THAT APPELLANT FORFEITED REVIEW OF HIS CLAIM.

 

Briefs will be filed under Rule 25.

 

No. 22-0276/AF. U.S. v. Mellodee L. Behunin. CCA S32684. 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 hereby granted on the following issues:

 

I. APPELLANT AND CM FACED SEPARATE COURTS-MARTIAL FOR, INTER ALIA, JOINT USE OF CONTROLLED SUBSTANCES. UNLIKE APPELLANT, CM RECEIVED NO CONFINEMENT OR PUNITIVE DISCHARGE FOR ESSENTIALLY THE SAME MISCONDUCT. DID THE AIR FORCE COURT MISAPPLY UNITED STATES v. LACY, 50 M.J. 286 (C.A.A.F. 1999) WHEN IT HELD THAT CM'S AND APPELLANT'S CASES WERE NOT CLOSELY-RELATED CASES WHOSE SENTENCES REQUIRED COMPARISON?

 

II. WHETHER EXTRA-RECORD RESULTS OF OTHER COURTS-MARTIAL THAT WERE NOT PART OF THE RECORD OF TRIAL BEFORE APPELLANT'S CASE WAS DOCKETED AT THE CCA MAY BE CONSIDERED DURING ITS ARTICLE 66, UCMJ, REVIEW.

 

Briefs will be filed under Rule 25.

 

No. 22-0282/AR. U.S. v. Ashraf S. Warda. CCA 20200644. 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 hereby granted on the following issues:

 

I. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE MOTION TO DISMISS OR ABATE THE PROCEEDINGS WHERE THE UNAVAILABLE EVIDENCE WAS OF SUCH CENTRAL IMPORTANCE THAT IT WAS ESSENTIAL TO A FAIR TRIAL, THERE WAS NO ADEQUATE SUBSTITUTE FOR THE UNAVAILABLE EVIDENCE, THE UNAVAILABLE EVIDENCE WAS NOT APPELLANT'S FAULT, AND THE MILITARY JUDGE VARIED FROM THE PRESCRIBED REMEDY UNDER RCM 703(f)(2).

 

II. 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 on Issue I only.

 

Interlocutory Order

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of Appellant's motion to extend time to file a reply brief, it is ordered that the motion is granted to November 29, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 1, 2022

 

Interlocutory Orders

 

No. 22-0249/CG. U.S. v. Fernando M. Brown. CCA 001-69-21. Appellant's motion to extend time to file a brief and the joint appendix is granted to November 16, 2022.

 

No. 23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 16, 2022.

 

No. 23-0021/NA. U.S. v. Nixon Keago. CCA 202100008. Appellant's motion to extend time to file the supplement to the petition for grant of review, is granted to November 21, 2022.

 

No. 23-0022/AF. U.S. v. Michael J. Wermuth. CCA 39856. Appellant' motion to extend time to file the supplement to the petition for grant of review is granted to November 21, 2022.

 

No. 23-0023/NA. U.S. v. Justin M. Gortzig. CCA 202100064. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 21, 2022.

 

No. 23-0024/AR. U.S. v. Shayne C. Grindstaff. CCA 20200315. Appellant's motion to extend time to file the supplement to the petition for grant of is granted to November 21, 2022.

 

Court Closure

 

By order of the Chief Judge, the United States Court of Appeals for the Armed Forces will be closed all day on Friday, November 25, 2022. For purposes of computation of time and motions to enlarge time under the Court's Rules of Practice and Procedure, November 25, 2022, will be considered a day when the Court is officially closed.



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