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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