UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 28, 2023

Petitions for Grant of Review Filed

No. 23-0116/AR. U.S. v. Gloverstukes. CCA 20220597.

No. 23-0117/AR. U.S. v. Jonathan B. Wainionpa. CCA 20210436.

Miscellaneous Docket - Summary Disposition

No. 23-0073/AF. A.L., Appellant v. United States, Appellee, & Theodore J. Slusher, Captain, United States Air Force, Real Party in Interest CCA 2022-12. On consideration of the writ-appeal petition for review of the decision of the United States Air Force Court of Criminal Appeals on application for extraordinary relief in the nature of a writ of mandamus, it is ordered that the petition is hereby denied in part and granted in part; that Appellant's request for the trial counsel to destroy the medical records that he obtained from her military treatment facility is denied; and that Appellant's request for the military judge to conduct an in camera review of all her medical and Family Advocacy Program records in order to determine their relevancy and to adjudicate any claims of privilege is granted.

In issuing this order, the Court expresses no opinion on the legality of the means by which the Government obtained Petitioner's records.

Interlocutory Orders

No. 23-0061/CG. James D. Fink, Appellant v. Y.B., Aviation Maintenance Technician, Third Class, U.S. Coast Guard & United States, Appellees. CCA 001-23. On consideration of Appellant's motions for leave to file the writ-appeal petition under seal, for leave to file a reply under seal, for leave to file supplemental appendices under seal, and to file supplemental appendices, it is ordered that the motions are hereby granted.

No. 23-0061/CG. James D. Fink, Appellant v. Y.B., Aviation Maintenance Technician, Third Class, U.S. Coast Guard & United States, Appellees. CCA 001-23. On consideration of the Government's motion to file an answer to the writ-appeal under seal, it is ordered that the motion is hereby granted.

No. 23-0061/CG. James D. Fink, Appellant v. Y.B., Aviation Maintenance Technician, Third Class, U.S. Coast Guard & United States, Appellees. CCA 001-23. On consideration of the motion filed by Special Victims' Counsel for leave to file AMT3 Y.B.'s answer to the writ-appeal under seal, it is ordered that the motion is hereby granted.

No. 23-0116/AR. United States v. Kvien Gloverstukes. CCA 20220597. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 20, 2023.

No. 21-0312/NA. United States v. Wendell E. Mellette, Jr. CCA 201900305. On consideration of Patient/Victim S.S.'s renewed motion for a stay of proceedings pending a decision on her petition for a writ of certiorari filed in the United States Supreme Court, it is ordered that said motion is hereby dismissed for lack of jurisdiction.

No. 20-0359/NA. United States v. Salvador Jacinto. CCA 201800325. On consideration of Intervenor E.B.'s motion for a stay of proceedings pending the filing of her petition for writ of certiorari, it is ordered that said motion to stay is hereby dismissed for lack of jurisdiction.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 27, 2023

Miscellaneous Docket - Filing

No. 23-0115/AR. U.S. v. Nicholas A. Shaw. CCA 20230003. 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).

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 24, 2023

Order Granting Petition for Review

No. 23-0061/CG. James D. Fink v. Y.B. & U.S. CCA 001-23. On consideration of the writ-appeal petition for review of the decision of the United States Coast Guard Court of Criminal Appeals on application for extraordinary relief, it is ordered that said petition is hereby granted on the following issue:

WHETHER THIS COURT HAS JURISDICTION TO REVIEW A WRIT-APPEAL PETITION FILED BY AN ACCUSED TO REVIEW THE DECISION OF A COURT OF CRIMINAL APPEALS ON A PETITION FOR EXTRAORDINARY RELIEF FILED UNDER ARTICLE 6b, UCMJ.

Within 10 days, each Appellee shall file a brief addressing the arguments in Appellant's writ-appeal petition that Article 67(a)(3), UCMJ, provides this Court jurisdiction, and that the amendment of Article 67(c), UCMJ, in the National Defense Authorization Act of 2017 requires this Court to reconsider its holding in Randolph v. HV, 76 M.J. 27 (C.A.A.F. 2017). Appellant may file an answer no later than 5 days after the filing of the Appellees' briefs.

The Court reserves judgment on whether it will grant review of the other assigned issues in the writ-appeal petition.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 23, 2023

Petition for Grant of Review Filed

No. 23-0114/AR. U.S. v. Nelson O. Rodriguez. CCA 20210213.

Order Granting Petition for Review

No. 23-0021/NA. U.S. v. Nixon Keago. CCA 202100008. 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 hereby granted on the following issue:

DID THE MILITARY JUDGE ERR BY DENYING THREE ACTUAL AND IMPLIED BIAS CHALLENGES FOR CAUSE AGAINST THREE MEMBERS?

Briefs will be filed under Rule 25.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 22, 2023

Order Granting Petition for Review

No. 23-0010/NA. U.S. v. Eric S. Gilmet. CCA 202200061. 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 issue:

WHETHER THE MILITARY JUDGE ERRED WHEN HE FOUND THE GOVERNMENT FAILED TO PROVE THAT UNLAWFUL COMMAND INFLUENCE (1) WOULD NOT AFFECT THE PROCEEDINGS BEYOND A REASONABLE DOUBT, AND (2) HAS NOT PLACED AN INTOLERABLE STRAIN ON THE PUBLIC'S PERCEPTION OF THE MILITARY JUSTICE SYSTEM.

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

Interlocutory Orders

No. 23-0010/NA. U.S. v. Eric S. Gilmet. CCA 202200061. On consideration of the motion filed by the United States Army and Air Force Defense Appellate Divisions for leave to file an amicus brief, it is ordered that the motion is hereby granted.

No. 23-0100/NA. U.S. v. Jose A. Martinez. CCA 202100206. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to March 3, 2023.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 21, 2023

Petition for Grant of Review Filed

No. 23-0113/AF. U.S. v. Jesse J. Massey. CCA 40017.

Hearings

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

No. 22-0282/AR. U.S. v. Ashraf S. Warda. CCA 20200644.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 16, 2023

Mandate Issued

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

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 15, 2023

Petitions for Grant of Review Denied

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

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

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

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

Petitions for Reconsideration Denied

No. 22-0253/AF. U.S. v. Deric W. Prescott. CCA 2022-03. Appellant's petition for reconsideration of this Court's order issued November 8, 2022, is denied.

No. 22-0256/AF. U.S. v. Deric W. Prescott. CCA 39931. Appellant's petition for reconsideration of this Court's order issued November 8, 2022, is denied.

No. 23-0020/AR. Alexander Loya, Appellant v. United States, Appellee. CCA 20220468. Appellant's petition for reconsideration of this Court's order issued December 9, 2022, is denied.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 14, 2023

Petitions for Grant of Review Filed

No. 23-0111/AR. U.S. v. Wyatt A. Conrady. CCA 20220184.

No. 23-0112/AR. U.S. v. Jeremiah R. Pierce. CCA 20220337.

Petitions for Grant of Review Denied

No. 22-0278/NA. U.S. v. Dashawn Q. Nichol. CCA 201800286.

No. 22-0288/NA. U.S. v. Yusef R. Ali. CCA 202100261.

No. 22-0293/NA. U.S. v. Jason S. Doyle. CCA 201900190R.

No. 22-0295/NA. U.S. v. Joshua B. Spears. CCA 202100034.

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

No. 23-0074/AR. U.S. v. Patrick W. Deless. CCA 20220317.

Interlocutory Orders

No. 23-0092/AR. U.S. v. Mariano Cerrud. CCA 20210185. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 27, 2023.

No. 23-0109/NA. U.S. v. Jordan A. Jones. CCA 202100129. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 6, 2023.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 13, 2023

Petition for Grant of Review Filed