UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, October 31,
2022
Petition for Grant of Review Denied
No.
22-0261/AR. U.S. v. Austin M. Roe. CCA 20200144.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, October 28,
2022
Petitions for Grant of Review Filed
No.
23-0021/NA. U.S. v. Nixon Keago. CCA 202100008.
No.
23-0022/AF. U.S. v. Michael J. Wermuth. CCA 39856.
No.
23-0023/NA. U.S. v. Justin M. Gortzig. CCA 202100064.
No.
23-0024/AR. U.S. v. Shayne C. Grindstaff. CCA
20200315.
Petitions for Grant of Review Denied
No.
22-0222/AR. U.S. v. Austin T. Morgan. CCA 20210294.
No.
22-0297/AR. U.S. v. Denzel J. Isales. CCA 20210109.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, October 27,
2022
Interlocutory Orders
No.
22-0211/AF. U.S. v. Liam C. Lattin. CCA 39859. Appellee's motion to file a
supplemental joint appendix is granted.
No.
23-0005/CG. U.S. v. Solomon R. Flores. CCA 1474. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to November 16, 2022.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, October 26,
2022
Petition for Grant of Review Filed
No.
23-0019/AF. U.S. v. Joshua P. Mock. CCA 40072.
Miscellaneous Docket - Filing
No.
23-0020/AR. Alexander Loya, Appellant v. United
States, Appellee. CCA 20220468. 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.
Hearings
No.
22-0008/AF. U.S. v. Norbert A. King II. CCA 39583.
No.
22-0100/AF. U.S. v. Sean W. Harrington. CCA 39825.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 25,
2022
Petitions for Grant of Review Denied
No.
22-0260/MC. U.S. v. Troy R. Tribble. CCA 202100073.
No.
22-0285/AR. U.S. v. Josiah E. Johnson. CCA 20210513.
No.
22-0292/NA. U.S. v. James R. Piersol. CCA 202200028.
Interlocutory Orders
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of
Appellant's motion to supplement the record and motion to file a supplemental
joint appendix, it is ordered that the motions are granted.
No.
23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407. 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 16,
2022.
Hearings
No.
22-0122/AF. U.S. v. Katelyn L. Day. CCA 39962.
No.
22-0193/AF. U.S. v. Anthony A. Anderson. CCA 39969.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday, October 24,
2022
Petition for Grant of Review Denied
No.
22-0290/AF. U.S. v. Lucero Pacheco. CCA S32697.
Interlocutory Orders
No.
22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248. On further
consideration of the petition for grant of review, the briefs filed by the parties,
and oral argument, it is ordered that said petition is granted on the following
specified issues:
I. IN UNITED STATES v. CRAWFORD, 15
C.M.A. 31, 35 C.M.R. 3 (1964), THIS COURT HELD THAT IN THE COURSE OF PANEL
SELECTION A RACE CONSCIOUS PROCESS IS PERMISSIBLE FOR THE PURPOSE OF INCLUSION.
HOW DOES THE CRAWFORD DECISION AFFECT THE ANALYSIS OF THIS CASE UNDER AVERY
v. GEORGIA, 345 U.S. 559 (1953)?
II. IN LIGHT OF APPELLANT'S STATEMENT AT ORAL
ARGUMENT THAT RACE IS AN IMPROPER CONSIDERATION IN DETAILING PANEL MEMBEMEMBERS,
SHOULD COURT OVERRULE UNITED STATES v. CRAWFORD, 15 C.M.A. 31, 35 C.M.R.
3 (1964)?
Briefs
on these specified issues will be filed by Appellant and Appellee within 14 days
of the date of this order. Absent extraordinary circumstances, no extensions of
time will be granted.
No.
23-0001/AR. U.S. v. Cameron M. Mays. CCA 20200623. 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 November 14, 2022.
No.
23-0016/MC. U.S. v. Dexter K. Kunishige. CCA 201800110. 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 November 14, 2022.
No.
23-0018/NA. U.S. v. Brett M. Lizotte. CCA 202100346. 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 November 14, 2022.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, October 21,
2022
Petitions for Grant of Review Filed
No.
23-0016/MC. U.S. v. Dexter K. Kunishige. CCA
201800110.
No.
23-0017/AF. U.S. v. Nathaniel R. Heppermann. CCA
40065.
No.
23-0018/NA. U.S. v. Brett M. Lizotte. CCA 202100346.
Orders Granting Petition for Review
No.
22-0237/AF. U.S. v. Caleb A.C. Smith. CCA 40013. 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
THE MILITARY JUDGE ERRED IN ADMITTING TEXT MESSAGES AND TESTIMONY AS AN EXCITED
UTTERANCE RELATED TO THE ALLEGED VICTIM'S BELIEF THAT SHE WAS RAPED WHERE SHE
HAD NO MEMORY OF THE EVENTS IN QUESTION.
II. WHETHER THE EVIDENCE WAS LEGALLY INSUFFICIENT
BECAUSE THE ALLEGED VICTIM WAS CAPABLE OF CONSENTING AND WHERE, EVEN IF SHE WAS
NOT CAPABLE OF CONSENTING, APPELLANT REASONABLY BELIEVED THAT SHE DID CONSENT.
Briefs
will be filed under Rule 25.
No.
22-0259/AR. U.S. v. Erick Vargas. CCA 20220168. 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 REQUIRING THE
MILITARY JUDGE TO CRAFT THE LEAST-DRASTIC REMEDY TO CURE THE DISCOVERY
VIOLATION.
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, October 20,
2022
Petition for Grant of Review Denied
No.
22-0286/AR. U.S. v. Juan C. Chavez, Jr. CCA 20210100.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 19, 2022
Petitions for Grant of Review Filed
No.
23-0014/AR. U.S. Esau J. Burke. CCA 20210609.
No.
23-0015/AF. U.S. v. Jelani A. Gale. CCA 40165.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 18, 2022
Petition for Grant of Review Filed
No.
23-0013/AF. U.S. v. Tymon C. Blow. CCA S32631.
Petitions for Grant of Review Denied
No.
22-0250/AF. U.S. v. Perrion K. Burnett. CCA 39999.
No.
22-0270/MC. U.S. v. Malik C. Bunton. CCA 202100001.
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 noted that the
Court of Criminal Appeals affirmed some findings of guilt and set aside other
findings of guilt and the sentence and authorized a rehearing. Under Article
67(c), Uniform Code of Military Justice, 10 U.S.C. § 867(c) (2018), this Court
has jurisdiction to consider the petition. However, given the possibility of a
rehearing, the petition is not ripe for review at this time. Accordingly, it is
ordered that the petition for grant of review is denied without prejudice to
Appellant's right to raise the matter asserted during the normal course of
appellate review.
No.
22-0274/AR. U.S. v. Noah M. Hoefs. CCA 20200558.
Interlocutory Order
No.
22-0283/NA. U.S. v. Chase T. Miller. CCA 201900234. On consideration of
Appellant's motion to withdraw the petition for grant of review, it is ordered that
the motion is granted, and the petition for grant of review is withdrawn.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
October 17, 2022
Petitions for Grant of Review Denied
No.
22-0264/AF. U.S. v. Nicholas F. Emas. CCA 40020.
No.
22-0266/AF. U.S. v. Mamadou S. Mar. CCA 39708.
Miscellaneous Docket - Filing
No.
23-0012/MC. U.S. v. Kyle A. Shelby. CCA 202200213. 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 was filed under Rule 27(b) on this date.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 14, 2022
Petition for Grant of Review Filed
No.
23-0011/AR. U.S. v. Hunter G. Matthews. CCA 20210461.
Interlocutory Order
No.
23-0010/NA. U.S. v. Eric S. Gilmet. CCA 202200061.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to November 3, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 13, 2022
Petitions for Grant of Review Filed
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.
23-0010/NA. U.S. v. Eric S. Gilmet. CCA 202200061.
Interlocutory Orders
No.
22-0293/NA. U.S. v. Jason S. Doyle. CCA 201900190R. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to November 4, 2022.
No.
22-0294/MC. U.S. v. Eric N. Vance. CCA 202100024. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to November 7, 2022.
No.
23-0007/AF. U.S. v. Dante J. Torello. CCA S32691.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to November 7, 2022.
Hearing
No. 22-0098/AF. U.S. v. Chase M. Thompson. CCA 40019.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 12, 2022
Petition for Grant of Review Filed
No.
23-0007/AF. U.S. v. Dante J. Torello. CCA S32691.
Interlocutory Order
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's motion to
extend time to file the supplement to the petition for grant of is granted to
November 1, 2022.
Hearing
No.
22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 11, 2022
Petition for Grant of Review Filed
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582.
Petitions for Grant of Review Denied
No.
22-0265/AF. U.S. v. James M. Aumont. CCA 39673.
No.
22-0273/AR. U.S. v. Cody B. Saylor. CCA 20210477.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 7, 2022
Petition for Grant of Review Filed
No.
23-0005/CG. U.S. v. Solomon R. Flores. CCA 1474.
Interlocutory Orders
No.
23-0003/AF. U.S. v. Terry J. Taylor II. CCA 40086. Appellant's motion to extend
time to file the supplement to the petition for grant of is granted to
October 27, 2022.
No.
23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 27, 2022.
No.
23-0005/CG. U.S. v. Solomon R. Flores. CCA 1474. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
October 27, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 6, 2022
Petitions for Grant of Review Filed
No.
23-0002/AR. U.S. v. Erion T. Hogan. CCA 20220013.
No.
23-0003/AF. U.S. v. Terry J. Taylor II. CCA 40086.
No.
23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407.
Petition for Grant of Review Denied
No.
22-0262/AR. U.S. v. Austin S. Meeks. CCA 20210654.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 5, 2022
Petition for Grant of Review Denied
No.
22-0268/AF. U.S. v. Cion T. Monge.
CCA 39781.
Interlocutory Orders
No.
22-0193/AF. U.S. v. Anthony A. Anderson. CCA 39969. On consideration of the
motion filed by Protect Our Defenders for leave to file an amicus curiae brief
in support of Appellee, it is ordered that the motion is granted.
No.
22-0260/MC. U.S. v. Troy R. Tribble. CCA 202100073. On consideration of Appellant's
motion to supplement the record, motion to file an amended motion to supplement
the record and amended motion to supplement the record, it is ordered that the
motion to file an amended motion to supplement the record and amended motion to
supplement the record are granted and that the motion to supplement the record
is denied as moot.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 4, 2022
Petition for Grant of Review Filed
No.
23-0001/AR. U.S. v. Cameron M. Mays. CCA 20200623.
Petition for Grant of Review Denied
No.
22-0272/AR. U.S. v. Denzel C. Cooper. CCA 20200614.
Order Granting Petition for Review
No. 22-0258/AR. U.S. v. Roberto Aikanoff, Jr. CCA 20200423. 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
APPELLANT WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO A UNANIMOUS VERDICT.
No
briefs will be filed under Rule 25.
Petition for Reconsideration Denied
No.
22-0196/NA. U.S. v. Isiah Anthony P. Causey. CCA 202000228. Appellant's petition
for reconsideration of this Court's order issued August 26, 2022, is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
October 3, 2022
Petitions for Grant of Review Denied
No.
22-0239/MC. U.S. v. Dereck E. Tabor. CCA 202100046.
No.
22-0242/NA. U.S. v. Keshawn M. Bocage. CCA 202000206.
Order Granting Petition for Review
No. 22-0249/CG. U.S. v. Fernando M.
Brown. CCA 001-69-21.
On consideration of the petition for grant of review of the decision of the
United States Coast Guard Court of Criminal Appeals, it is ordered that said
petition is hereby granted on the following issue:
ARE
APPELLANT'S CONVICTIONS UNDER ARTICLE 91 LEGALLY INSUFFICENT WHERE THERE IS AN
ABSENCE OF EVIDENCE THAT THE CHARGED CONDUCT OCCURRED IN THE SIGHT, HEARING, OR
PRESENCE OF THE ALLEGED VICTIMS WHILE THEY WERE IN THE EXECUTION OF THEIR
OFFICE?
Briefs
will be file under Rule 25.
Interlocutory Orders
No.
22-0105/AR. U.S. v. David J. Rudometkin. CCA
20180058. On consideration of Appellee's petition for reconsideration of this
Court's decision, United States v. Rudometkin, __ M.J. __ (C.A.A.F. Aug. 15, 2022),
Appellee's motion for leave to attach Defense Appellate Exhibits B and C that
was incorporated in his petition for reconsideration, and Appellee's motion to
supplement the petition for reconsideration with Defense Appellate Exhibit D,
all of which were filed in propria persona,
it is ordered that within five days of the date of this order, counsel of
record will file a statement explaining why the pleadings were filed in propria persona.
No.
22-0284/AR. U.S. v. Brian C. Docilet. CCA 20200358. Appellant's
second motion to extend time to file the supplement to the petition for grant
of review is granted to October 21, 2022.
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