UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, April 28, 2023
Petitions for Grant of Review Filed
No.
23-0160/AR. U.S. v. Christian G. Alvarado. CCA 20210368.
No.
23-0161/AR. U.S. v. Sergio Salcedo. CCA 20210280.
Interlocutory Orders
No.
23-0021/NA. U.S. v. Nixon Keago. CCA 202100008.
Appellee's motion to extend time to file a brief is granted
to May 25, 2023.
No.
23-0137/AR. U.S. v. Justin A. Pickens. CCA 20220138. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to May 15, 2023.
No.
23-0159/AF. U.S. v. Robert J. Hernandez. CCA 39606. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to May 18, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, April 27,
2023
Petition for Grant of Review Filed
No.
23-0159/AF. U.S. v. Robert J. Hernandez. CCA 39606.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, April 26,
2023
Petition for Grant of Review Filed
No.
23-0158/AR. U.S. v. Chandler A. Wills. CCA 20220182.
Petition for Grant of Review Denied
No.
23-0088/AR. U.S. v. Jacob B. Fuller. CCA 20200729.
Interlocutory Orders
No.
23-0146/AR. U.S. v. Erick Olivares. CCA 20210125. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to May 16, 2023.
No.
23-0147/NA. U.S. v. David M. Diaz. CCA 202100090. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to May 16, 2023.
No.
23-0149/AR. U.S. v. Cedric B. Matthews. CCA 20210340. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to May 16, 2023.
No.
23-0150/MC. U.S. v. Castanedamanzo. CCA 202100229.
Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to May 16, 2023.
No.
23-0151/AF. U.S. v. Justin M. Brissa. CCA 40206.
Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to May 16, 2023.
No.
23-0153/AR. U.S. v. Jason A. Lewis. CCA 20210434. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to May 16, 2023.
No.
23-0155/MC. U.S. v. Gunnar I. Naughton. CCA 202100285. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to May 16, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, April 25, 2023
Petitions for Grant of Review Filed
No.
23-0154/NA. U.S. v. Erik D. Miller. CCA 202100273.
No.
23-0155/MC. U.S. v. Gunnar I. Naughton. CCA 202100285.
No.
23-0156/AR. U.S. v. Antoni B. Frinkley. CCA 20210176.
No.
23-0157/MC. U.S. v. Nikolus E. Schaffer-Pugh. CCA
202200044.
Petitions for Grant of Review Denied
No.
23-0099/AF. U.S. v. Lonnie E. Sanders III. CCA S32714.
No.
23-0101/AF. U.S. v. Allan L. Brown. CCA 40066.
No.
23-0102/AR. U.S. v. Giovanni M. Maysonetdiaz. CCA
20210273.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, April 24, 2023
Petitions for Grant of Review Filed
No.
23-0148/AF. U.S. v. Kevin E. Hernandez. CCA 40253.
No.
23-0149/AR. U.S. v. Cedric B. Matthews. CCA 20210340.
No.
23-0150/MC. U.S. v. Castanedamanzo. CCA 202100229.
No.
23-0151/AF. U.S. v. Justin M. Brissa. CCA 40206.
No.
23-0152/AF. U.S. v. Quincy A. Jones. CCA S32717.
No.
23-0153/AR. U.S. v. Jason A. Lewis. CCA 20210434.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, April 21, 2023
Petitions for Grant of Review Filed
No.
23-0145/AR. U.S. v. Ronald S. Laird. CCA 20220188.
No.
23-0146/AR. U.S. v. Erick Olivares. CCA 20210125.
No.
23-0147/NA. U.S. v. David M. Diaz. CCA 202100090.
Petitions for Grant of Review Denied
No.
23-0083/AF. U.S. v. John K. Brassil-Kruger. CCA
40223.
No.
23-0094/AF. U.S. v. Javohn I. Journigan.
CCA S33716.
No.
23-0113/AF. U.S. v. Jesse J. Massey. CCA 40017.
No.
23-0118/AR. U.S. v. Jason D. Kopp. CCA 20220027.
No.
23-0119/AR. U.S. v. Zackary L. Hill. CCA 20220174.
Interlocutory Order
No.
23-0144/AF. U.S. v. Alexander J. Dunleavy. CCA S32724. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to May 11, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, April 20,
2023
Petitions for Grant of Review Filed
No.
23-0143/MC. U.S. v. Jerion A. Figuereo. CCA 202100048.
No.
23-0144/AF. U.S. v. Alexander J. Dunleavy. CCA S32724.
Petitions for Grant of Review Denied
No.
23-0047/AR. U.S. v. Holden M. Modlin. CCA 20210554.
No.
23-0087/AR. U.S. v. Dylan B. Oerman. CCA 20210355.
No.
23-0100/NA. U.S. v. Jose A. Martinez. CCA 202100206.
No.
23-0109/NA. U.S. v. Jordan A. Jones. CCA 202100129.
Interlocutory Order
No.
23-0142/AF. U.S. v. Mark A. Peterson. CCA 40220. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
May 10, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, April 19,
2023
Petitions for Grant of Review Filed
No.
23-0141/AF. U.S. v. Michael E. Novelli. CCA 40103.
No.
23-0142/AF. U.S. v. Mark A. Peterson. CCA 40220.
Petitions for Grant of Review Denied
No.
23-0023/NA. U.S. v. Justin M. Gortzig. CCA 202100064.
No.
23-0103/AF. U.S. v. Nigel G. Berry. CCA 40170.
No.
23-0110/AF. U.S. v. Michael G. Reimers. CCA 40141.
Interlocutory Order
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to May 9, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, April 18, 2023
Petition for Grant of Review Filed
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091.
Petitions for Grant of Review Denied
No.
23-0076/AF. U.S. v. Lucio Salamanca. CCA S32695.
No.
23-0124/AF. U.S. v. Deryk K. Roberts. CCA 40139.
Hearings
No.
23-0001/AR. U.S. v. Cameron M. Mays. CCA 20200623.
No.
23-0010/NA. U.S. v. Eric S. Gilmet. CCA 202200061.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, April 17, 2023
Interlocutory Orders
No.
23-0138/AR. U.S. v. Elan-Ray A. Anglin. CCA 20210583. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to May 8, 2023.
No.
23-0139/NA. U.S. v. Thomas H. Martin. CCA 202100089. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to May 8, 2023.
Mandates Issued
No.
22-0211/AF. U.S. v. Liam C. Lattin. CCA 39859.
No.
22-0254/AR. U.S. v. Andrew D. Steele. CCA 20170303.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, April 14, 2023
Petition for Grant of Review Filed
No.
23-0139/NA. U.S. v. Thomas H. Martin. CCA 202100089.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, April 13,
2023
Petition for Grant of Review Filed
No.
23-0138/AR. U.S. v. Elan-Ray A. Anglin. CCA 20210583.
Petition for Grant of Review Denied
No.
23-0116/AR. U.S. v. Gloverstukes. CCA 20220597.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, April 12,
2023
Petition for Grant of Review Denied
No.
23-0026/AR. U.S. v. Sven M. Council. CCA 20190321.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, April 11, 2023
Petition for Grant of Review Filed
No.
23-0137/AR. U.S. v. Justin A. Pickens. CCA 20220138.
Petitions for Grant of Review Denied
No.
23-0054/MC. U.S. v. Colton N. Evans. CCA 202100002.
No.
23-0108/AR. U.S. v. Robert S. Brugh. CCA 20210097.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, April 10, 2023
Interlocutory Orders
No.
23-0126/NA. U.S. v. Rill A. Thompson. CCA 202100205. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to April 20, 2023.
No.
23-0135/AR. U.S. v. Ulises E. Leon. CCA 20210270. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted
to May 1, 2023.
Mandate Issued
No.
22-0170/AF. U.S. v. William C. McAlhaney. CCA 39979.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, April 7, 2023
Petition for Grant of Review Filed
No.
23-0136/AR. U.S. v. Patrick L. Cumbie. CCA 20220419.
Mandate Issued
No.
22-0276/AF. U.S. v. Mellodee L. Behunin.
CCA S32684.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, April 6, 2023
Petition for Grant of Review Denied
No.
23-0052/MC. U.S. v. Daryl G. Lyle. CCA 202100100.
Order Granting Petition for Review
No.
23-0084/AF. U.S. v. Joshua D. McCameron. CCA 40089. 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 issue:
WHETHER
APPELLANT WAS DEPRIVED OF DUE PROCESS INSOFAR AS HE WAS DEPRIVED OF HIS RIGHT
TO A UNANIMOUS VERDICT.
No
briefs will be filed under Rule 25.
Interlocutory Order
No.
23-0084/AF. U.S. v. Joshua D. McCameron. CCA 40089. On consideration of
Appellant's motion to attach and in light of United States v. Cole, No.
ACM 40189, 2023 CCA LEXIS 118, 2023 WL 2365322 (A.F. Ct. Crim. App. Mar. 6,
2023), it ordered that the motion is hereby denied as moot.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, April 5,
2023
Petition for Grant of Review Filed
No.
23-0135/AR. U.S. v. Ulises E. Leon. CCA 20210270.
Interlocutory Orders
No.
23-0115/AR. Nicholas A. Shaw, Appellant v. United States, Appellee and The
Honorable Christine E. Wormuth, Secretary of the Army, Major General Joseph P.
McGee, Commanding General, 101st Airborne Division, Lieutenant
Colonel Sasha N. Rutizer, Military Judge, Respondents. CCA 20230003. On
consideration of the motions filed by the Navy-Marine Corps Appellate Defense
Division for leave to file an amicus brief in support of defense, for an
extension of time to file an amicus brief, and to withdraw the motion for leave
to file an Amicus brief in support of defense, it is ordered that the motion to
withdraw the motion to file an Amicus brief in support of defense is granted,
and the motions to file an amicus brief in support of defense, and for an
extension of time to file an amicus brief are denied as moot.
No.
23-0115/AR. Nicholas A. Shaw, Appellant v. United States, Appellee and The
Honorable Christine E. Wormuth, Secretary of the Army, Major General Joseph P.
McGee, Commanding General, 101st Airborne Division, Lieutenant
Colonel Sasha N. Rutizer, Military Judge, Respondents. CCA 20230003. On
consideration of the writ-appeal petition and Appellant's motions to exceed
size limitations and for a stay of proceedings, it is ordered that the
writ-appeal petition is denied, and the motions to exceed size limitations and
for a stay of proceedings are denied.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, April 4, 2023
Petitions for Grant of Review Denied
No.
23-0045/AR. U.S. v. Ramone S. Williams. CCA 20220011.
No.
23-0063/AR. U.S. v. Kevin S. Miles. CCA 20210227.
No.
23-0078/AR. U.S. v. Sun T. Xiong. CCA 20210579.
No.
23-0089/AR. U.S. v. Mark A. Polizzi. CCA 20210613.
No.
23-0091/AR. U.S. v. Utumea F. Galu.
CCA 20220015.
No.
23-0093/AF. U.S. v. Jeremy T. Todd. CCA S32701.
No.
23-0095/AR. U.S. v. David J. Kremer. CCA 20210431.
No.
23-0111/AR. U.S. v. Wyatt A. Conrady. CCA 20220184.
No.
23-0112/AR. U.S. v. Jeremiah R. Pierce. CCA 20220337.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, April 3, 2023
Interlocutory Order
No. 23-0104/AF. M.W., Appellant v. United
States, Appellee and Marshall R. Robinson, Staff Sergeant, United States Air
Force, Real Party In Interest. CCA 2022-15. On
consideration of Appellant's filing, which is styled as a "writ-appeal petition
or petition for extraordinary relief" for review of the decision of the United
States Air Force Court of Criminal Appeals, Appellant's motion to attach, and a
motion to file a brief of amici curiae in support of Appellant/Petitioner, it is ordered that
the motion to attach is denied, and the motion to file a brief of amici curiae
is granted.
Within 10 days of the
date of this order, Appellant shall file a brief addressing the
following four issues concerning this Court's jurisdiction to review a
writ-appeal that is
filed by a "victim of an
offense" (as that term is used in Article 6b, UCMJ, 10 U.S.C. § 806b) and that
seeks review of a decision of a Court of Criminal Appeals on a
writ of mandamus:
(a) whether Article 67, UCMJ, 10 U.S.C. §
867grants this Court jurisdiction to review such a writ-appeal;
(b) whether Article 6b(e)(3), UCMJ, grants
this Court jurisdiction to review such a writ-appeal (as opposed to only
requiring that this Court give priority to writ-appeals for which Article 67,
UCMJ, or some other statute provides this Court jurisdiction);
(c)
whether any other statute provides this Court jurisdiction to review such a
writ-appeal; and
(d)
whether subsequent amendments to the UCMJ require
this Court to reconsider its holding in E.V. v. United States, 75
M.J. 331 (C.A.A.F. 2016), that this Court does not have jurisdiction to review
such a writ-appeal.
The Appellee and Real
Party In Interest each may file an answer no later
than 5 days after the filing of Appellant's brief.
The Court reserves judgment on whether it will grant, deny, or
dismiss Appellant's filing.
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