UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 31, 2023
Certificate for Review Filed
No.
23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134. Notice is hereby given
that a certificate for review of the decision of the United States Air Force
Court of Criminal Appeals was filed under Rule 22 on this date:
WHETHER
THE PRESIDENTIALY-ENUMERATED ARTICLE 134, UCMJ, OFFENSE OF INDECENT CONDUCT
PROVIDED APPELLEE WITH CONSTITUTIONALLY-REQUIRED FAIR
NOTICE THAT COMMITTING SEXUAL ACTS WITH A CHILD SEX DOLL WAS SUBJECT TO
CRIMINAL SANCTION.
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
the 1st day of May, 2023.
Orders Granting Petition for Review
No.
23-0075/AF. U.S. v. Antoine M. Tarnowski. CCA 40110. 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 issue:
WHETHER
APPELLANT WAS DEPRIVED OF HIS RIGHT TO A UNANIMOUS VERDICT WHEN THE MILITARY
JUDGE DENIED HIS MOTION TO INSTRUCT THE PANEL THAT A GUILTY VERDICT MUST BE
UNANIMOUS AND DISMISS IN THE ALTERNATIVE.
No
briefs will be filed under Rule 25.
No.
23-0080/AR. U.S. v. Anthony R. Ramirez. CCA 20210376. 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 issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION IN NOT ALLOWING THE DEFENSE TO INQUIRE
INTO RACIAL BIAS DURING VOIR DIRE.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
23-0123/AR. U.S. v. Steven A. Navarro. CCA 20210119. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to April 24, 2023.
No.
23-0133/AF. U.S. v. Larry Kitchen, Jr. CCA 40155. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to April 20, 2023.
Mandate Issued
No.
22-0259/AR. U.S. v. Erick Vargas. CCA 20220168.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 30,
2023
Petitions for Grant of Review Filed
No.
23-0131/AR. U.S. v. David M. Musgrove. CCA 20220181.
No.
23-0132/AR. U.S. v. Derek T. Witteman. CCA 20220254.
No.
23-0133/AF. U.S. v. Larry Kitchen, Jr. CCA 40155.
Interlocutory Order
No.
23-0120/AF. U.S. v. Calvin M. Cooper. CCA 40092. Appellant's motion to file
portions of the supplement to the petition for grant of review under seal is
hereby granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 29,
2023
Hearing
No.
23-0027/AF. U.S. v. James T. Cunningham. CCA 40093.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 28, 2023
Interlocutory Order
No.
23-0130/AR. U.S. v. Brendon D. Rubirivera. CCA
20200268. Appellant's motion to extend time to file the supplement to the
petition for grant of review is granted to April 17, 2023.
Hearing
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 27, 2023
Petition for Grant of Review Filed
No.
23-0130/AR. U.S. v. Brendon D. Rubirivera. CCA 20200268.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 24, 2023
Interlocutory Orders
No.
23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407. On consideration of the
petition for reconsideration of this Court's order issued March 1, 2023, and
Appellant's motion to suspend the Court's Rules to file additional matters
pursuant to United States v. Grostefon, 12
M.J. 431 (C.M.A 1982), out of time and to exceed page limitations, and the
motion for leave to supplement the record, it is ordered that the petition for
reconsideration is denied, the motion to suspend the Court's Rules to file additional
Grostefon matters out of time and to exceed
page limitations is denied, and the motion for leave to supplement the record
is denied as moot.
No.
23-0010/NA. U.S. v. Eric S. Gilmet. CCA 202200061. On
consideration of the motion filed by the National Institute of Military Justice
for leave to file an amicus curiae brief in support of Appellant, it is ordered
that the motion is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 22,
2023
Interlocutory Order
No.
23-0021/NA. U.S. v. Nixon Keago. CCA 202100008. Appellant's motion to extend
time to file a brief and the joint appendix is granted to April 5, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 21, 2023
Petition for Grant of Review Filed
No.
23-0128/AR. U.S. v. Andre C. Edwards, Jr. CCA 20210218.
Miscellaneous Docket - Filing
No.
23-0129/AF. David H. Juillerat, Appellant v. United
States. CCA 34205. Notice is given that a 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 prohibition was filed under Rule 27(b) on this date.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 20, 2023
Petition for Grant of Review Filed
No.
23-0127/MC. U.S. v. Daniel P. Harvey. CCA 202100309.
Petitions for Grant of Review Denied
No.
23-0024/AR. U.S. v. Shayne C. Grindstaff. CCA
20200315.
No.
23-0039/AF. U.S. v. Joseph B. Carlile. CCA 40053.
No.
23-0058/AF. U.S. v. Won-Jun Kim. CCA 40057.
No.
23-0065/AF. U.S. v. Cory Ramirez. CCA S32538.
No.
23-0096/AR. U.S. v. Justin D. Munoz. CCA 20210338.
No.
23-0097/MC. U.S. v. Jose G. Gomezvillalobos. CCA
202100215.
Interlocutory Order
No.
23-0126/NA. U.S. v. Rill A. Thompson. CCA 202100205. Appellant's motion to
extend time to file the supplement to the petition for grant of review
is granted to April 10, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 17, 2023
Petition for Grant of Review Filed
No.
23-0126/NA. U.S. v. Rill A. Thompson. CCA 202100205.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 16,
2023
Petitions for Grant of Review Filed
No.
23-0124/AF. U.S. v. Deryk K. Roberts. CCA 40139.
No.
23-0125/AR. U.S. v. George E. Alsobrooks IV. CCA 20200598.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 14, 2023
Order Granting Petition for Review
No.
22-0227/AR. U.S. v. Darrick E. Johnson. CCA 20200382. 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 issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE DEFENSE MOTION FOR A
NON-STANDARD INSTRUCTION TO REQUIRE A UNANIMOUS VERDICT OF ANY FINDING OF
GUILTY.
No
briefs will be filed under Rule 25.
Interlocutory Orders
No.
23-0122/NA. U.S. v. James D. McNichol. CCA 202100237. Appellant's motion to
extend time to file the supplement to the petition for grant of is granted to
April 3, 2023.
No.
23-0123/AR. U.S. v. Steven A. Navarro. CCA 20210119. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to April 3, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 13, 2023
Petition for Grant of Review Filed
No.
23-0123/AR. U.S. v. Steven A. Navarro. CCA 20210119.
Mandate Issued
No.
22-0008/AF. U.S. v. Norbert A. King II. CCA 39583.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 10, 2023
Petitions for Grant of Review Filed
No.
23-0121/AR. U.S. v. Jacob P. Foster. CCA 20220183.
No.
23-0122/NA. U.S. v. James D. McNichol. CCA 202100237.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 9, 2023
Interlocutory Order
No.
23-0120/AF. U.S. v. Calvin M. Cooper. CCA 40092. 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 March 29, 2023.
Rules Changes
Upon
careful consideration of certain proposed changes to the Rules of Practice and
Procedure, United States Court of Appeals for the Armed Forces, which were
presented to and reviewed by the Rules Advisory Committee of the United States
Court of Appeals for the Armed Forces, and thereafter published in the Federal
Register for comment, it is ordered that effective March 9, 2023, Rules 3A,
13(b), 13A, 15(b), 19(a)(7)(B), 21(b), 21(f), 24(b), 27(b), 36, 37(b)(2),
38(a), 39(a), and the Guidelines for Electronic Filing of Pleadings are
promulgated as provided in the below (deletions appear with strikethrough and
changes appear in bold typeface).
Rule 3A - Senior Judges
(a) With the
Senior Judge's consent, and at the request of the Chief Judge, a Senior Judge
may perform judicial duties with the Court if an active Judge of the Court is
disabled or recused, himself or if there is a vacancy in an active judgeship on the
Court. For the periods of time when performing judicial duties with the Court,
a Senior Judge shall receive the same pay, per diem, and travel allowances as
an active Judge. The periods of performance of judicial duties shall be
certified by the Chief Judge and reported to the Court Executive Clerk of the Court who shall take appropriate steps so that the
Senior Judge is paid in accordance with Article 142(e)(2), Uniform Code of
Military Justice (UCMJ), 10 U.S.C. § 942(e)(2).
(b) In addition to the performance of judicial duties
with the Court, a Senior Judge may, at the request of the Chief Judge and with
the Senior Judge's consent, perform such other duties as the Chief Judge may
request or the Court may direct. Such other duties may include, but are not
limited to, service as a special master or as an adviser on Court operations,
administration, and rules; representation of the Court at conferences,
seminars, committee meetings, or other official or professional functions;
coordination of or assistance with conferences being conducted by the Court;
and assistance in the compilation of history or archives of the Court. A Senior
Judge shall may not receive pay for the performance of such other
duties with the Court but may be paid per diem and travel allowance to
reimburse expenses incurred by the Senior Judge while performing such duties.
(c) Whether in the performance of judicial duties or
other duties, a Senior Judge shall be provided such administrative and
secretarial assistance, office space, and access to the courthouse, other
public buildings, court files, and related information, as the Chief Judge
considers appropriate for the performance of those duties by the Senior Judge.
(d) (c) The title of Senior
Judge may not be used in any way for personal gain or in connection with any
business activity, advertisement, or solicitation of funds.However, the title of a Senior Judge may be referred to
in any professionalbiography or
listing and may be used in connection with any judicial or other duties that
the Chief Judge requests the Senior Judge to perform.
(e) (d) No Senior Judge of the Court may engage in the practice
of law in connection with any matter that involves an investigation or trial
for any matter arising under the UCMJ or appellate review of any court-martial
proceeding by a Courtof Criminal
Appeals, the United States Court of Appeals for the Armed Forces, or the
Supreme Court of the United States.
(f) (e) These rules shall apply to
"senior judges" as defined by Article 142(e)(1), UCMJ, 10 USC § 942(e)(1), and
are promulgated pursuant to Article 142(e)(5), UCMJ, 10 USC § 942(e)(5).
Rule 13(b) –
Qualifications to Practice:
(b)
It shall be a requisite to the admission of attorneys to the Bar of this Court
that they be a member in good
standing of
the Bar of a federal court or of the highest court of a State, the
District of Columbia, Territory, Commonwealth, or Possession of the
United States and that their private and professional character shall
appear to be good.
Rule 13A – Student
Practice Rule
(c) Supervising
Attorney Requirements. A supervising attorney must:
(1) be an
attorney of record in the case;
(2) be a
member in good standing of the Bar of this Court;
(3) have
been admitted to practice for a minimum of 2 years and have appeared and
argued in at least 1 case before this Court or appeared and
argued in at least 3 cases before state or federal appellate courts;
(4) approve in writing the appearance by the
law student and agree to supervise the student;
(5)(4) not supervise more
than 5 students at any one time;
(6)(5) appear with the student in any oral
presentations before this Court;
(7)(6) read, approve, and sign all documents filed with
this Court;
(8)(7) assume personal
professional responsibility for the student's work in matters before this
Court;
(8) be
responsible to supplement the oral or written work of the student as necessary
to ensure proper representation of the client;
(9) guide and assist the student
in preparation to the extent necessary or appropriate under the circumstances;
(9)(10) be available to
consult with the client, if
applicable; and
(10)(11) neither ask for nor
receive any compensation or remuneration of any kind from the person on whose
behalf the services are rendered.
(d) Authorization and
Certification.
(1) The party on whose behalf the
student appears must consent to the representation by that student in writing.
(2) The supervising attorney must
indicate in writing approval of the appearance by the law student and consent
to supervise the student.
(3) The law student must be
certified by the dean of the student's law school as being of good character
and competent legal ability.
(2)(4) Before commencing
student representation in any case under this rule, the prospective supervising attorney shall must file a motion for
leave to allow student representation in such case. The motion should put
forth must affirm that the provisions of this
rule have been met and that,
in the prospective counsel's view, the case is an
appropriate one for student representation. The written consent, approval, and
certification referred to above shall be attached to the motion. A copy of
the motion shall be served on opposing counsel, but no No answer will be allowed
except with leave of the Court. Once these documents are filed, the Court will
decide, using its discretion on a case-by-case basis, whether to allow the
student representation.
(e) Activities. Upon
fulfilling the requirements of this rule, the student may enter an appearance
in a case and:
(1) assist in the preparation of
briefs and other documents to be filed in this Court, but such briefs or
documents must also be signed by the supervising attorney; and
(2) participate in oral argument,
but only in the presence of the supervising attorney; and.
(3) take part in other
activities in connection with the case, subject to the direction of the
supervising attorney.
(f) Termination. The
dean's certification of the student:
(1) shall remain in effect,
unless sooner withdrawn, until the publication of the results of the first bar
examination taken by such student following the student's graduation. For any
student who passes that examination, the certification shall continue in effect
until the date the student is admitted to the bar;
(2) may be withdrawn by the
Court at any time; and
(3) may be withdrawn by the dean
at any time.
(f)(g) Exceptions.
(1) This rule does not apply to
an appearance or an oral argument by a law student on behalf of an amicus
curiae. See Rule 26.
(1)(2) Nothing in this rule
shall preclude the Government or any agency, firm, or organization from
compensating a law student for services rendered under such rule.
(2)(3) The Court retains the
authority, on good cause shown, to establish exceptions to these procedures in
any case. See Rule 33.
(h) Time for Filing. An
amicus brief submitted under this Rule is not subject to the time limitation in
Rule 26, but such brief shall be filed no less than 14 days before the
scheduled date of oral argument. Both the appellant and the appellee may file a
reply to such brief within 7 days of the filing thereof, subject to the
limitations specified in Rule 24 (b) and (c).
Rule 15(b) – Disbarment
and Disciplinary Actions
(b)
Attorneys must report
suspension, disbarment, or final disciplinary action in the bars of other
courts to the Bar of this Court within 30 days following said action. Whenever a member of the Bar
of this Court has been disbarred or suspended from practice in any court of
record, the Court will must
enter an order temporarily suspending that member from practice before this
Court and affording the member an opportunity to show cause, within 30 days,
why a disbarment order should not be entered. Upon response, or if no response
is timely filed, the Court will enter an appropriate order.
Rule 19(a)(7)(B) – Time
Limits
(B) Other Appeals. Where a petition has been
granted in all other appeal cases, to include cases returned by mandate from the United States Supreme
Court, and briefs have been ordered, the Clerk of Court will issue a
briefing order within 30 days to provide the appropriate timing and sequence of
filings an
appellant's brief shall be filed in accordance with Rule 24 no later than 30
days after the date of the order granting the petition. An appellee's answer
shall be filed no later than 30 days after the filing of an appellant's brief.
A reply may be filed by the appellant no later than 10 days after the filing of
the appellee's answer.
Rule 21(b) – Supplement
to Petition for Grant of Review
(b)
The supplement to the petition shall be filed in accordance with the applicable
time limit set forth in Rule 19(a)(5)(A) or (B) and shall include an
Appendix containing a copy of the decision of the Court of Criminal Appeals,
unpublished opinions cited in the brief, relevant extracts of rules and
regulations, and shall conform to the provisions of Rules 24(b), 35A,
and 37. Unless authorized by Order of the Court or by motion of a party granted
by the Court, the supplement and any answer thereto may contain no more than
not exceed 9,000 words or 900 lines of
text is also acceptable. Any reply to the answer shall may not exceed 10 pages,
except that a reply containing 4,000 4,500 words or 400 lines of text is also acceptable. The
supplement shall contain:
Rule 21(f) – Supplement
to Petition for Grant of Review
(f)
An appellant or counsel for an appellant may move to withdraw a his petition at
any time by filing a motion pursuant to Rule 30. Such a motion shall must substantially
comply with the requirements of Rule for Courts-Martial 1110, and be
accompanied by a written request for withdrawal that includes the following:
Rule
24(b) – Form, Content, and Page Type-Volume Limitations
(b) Page Type-Volume limitations.
Unless otherwise authorized by order of the court or by
motion of a party granted by the Court (see Rule 30), or by Rule 24(c), the page type-volume limitations for
briefs filed with the Court, not including appendices shall be as follows:
(1) Briefs of the
appellants/petitioners shall not exceed 30 pages;
(2) Answers of the
appellees/respondents shall not exceed 30 pages;
(3) Replies of the
appellants/petitioners shall not exceed 15 pages
(1) A brief of the
appellants/petitioners and an answer of the appellees/respondents may not
exceed 14,000 words.
(2) A
reply may not exceed more than half of the words (7,000) specified in Rule
24(b)(1).
(3) Headings,
footnotes, and quotations count toward the word limitation. The index, table of
cases, statutes, and
other authorities, the appendix
and any certificates of counsel do not count toward the limitation.
(c) Type-Volume
Limitations.
(1) A brief of the
appellants/petitioners and an answer of the appellees/respondents is acceptable
if: it contains no more than 14,000 words; or it contains no more than 1,300
lines of text.
(2) A reply is acceptable if it
contains no more than half of the type-volume specified in Rule 24(c)(1).
(3) Headings, footnotes, and
quotations count toward the word and line limitations. The index, table of
cases, statutes, and other authorities, the appendix and any certificates of
counsel do not count toward the limitation
(c)(d) Certificate of
Compliance. A brief submitted under Rule 24(cb) must include a certificate stating that the number of words in the brief the brief complies with
the type-volume limitation and Rule 37. The person preparing the certificate may
rely on the word or line count of the word-processing system used to
prepare the brief. The certificate must state either: (i) the number of
words in the brief; or (ii) the number of lines in the brief.
(d)(e) Form of
Certificate of Compliance. CERTIFICATE OF COMPLIANCE WITH RULE 24(db)
***This brief complies with the type-volume limitation of
Rule 24(b) because: [The principal brief may not exceed 14,000 words or
1,300 lines; a reply or amicus brief may not exceed 7,000 words or 650 lines] This
brief contains [state the number of] words, or This brief contains [state
the number of] lines of text.
***
(e)(f) Joint Appendix. The appellant or petitioner shall be responsible for
filing eight copies of a joint appendix, which shall be a separate document
filed contemporaneously with the brief.
***
(2) Format. The joint appendix will be produced
on 8.5 by 11 inch white paper, be bound in a manner that is secure and does not
obscure the text, and will permit the contents to lie reasonably flat when
open. The cover must be white and contain the caption of the case and docket
number. The cover shall be followed by a table of contents. Pages in the joint
appendix shall be sequentially numbered in a manner that does not obscure any
page numbers reflected in the record of trial. If the joint appendix consists
of less than 100 pages, it may be reproduced by single-sided or double-sided
copying. If it consists of 100 pages or more, the joint appendix shall use
double-sided copying. Audio
and video recordings may be filed electronically or produced on a CD or DVD. See
the Guidelines for Electronic Filing of Pleadings § 1(e). Classified
material or matters under seal that are to be included in a joint appendix
shall be submitted in a separate volume, clearly designated as containing
classified or sealed material. Classified material will be handled in
accordance with Rule 12.
Rule 27(b) – Petition
for Extraordinary Relief, Writ-Appeal Petition, Answer, and Reply
(b)
Writ-Appeal.
(1) Writ-Appeal
Petition, Answer, and Reply. A writ-appeal petition for review of a decision by
a Court of Criminal Appeals acting on a petition for extraordinary relief shall
be filed by an appellant, together with any available record, including the
items specified in subsection (a)(2)(C), within the time prescribed by Rule
19(e), . The petition
must shall
conform in length to Rule 24(b), shall be accompanied by proof of service on
the appellee in accordance with Rule 39, and shall contain the information
required by subsection (a)(2)(B). The appellee shall may file an answer no later
than 10 days after the filing of the writ-appeal petition. A reply may be filed
by the appellant no later than 5 days after the filing of the appellee's
answer. See Rules 28(b)(2) and (c)(2). Upon the filing of pleadings
by the parties, the Court may grant or deny the writ-appeal petition or take
such other action as the circumstances may require.
(2) Priority Writ-Appeal for Article 6b(e) Writs. To the extent
practicable, review of any decision of the Courts of Criminal Appeals on a
petition for mandamus, pursuant to Article 6b(e)(3)(C), UCMJ, 10 USC §
806b(e)(3)(C), will have priority over all other proceedings before this Court.
Rule 36 – Filing of
Pleadings
(b)
Filing in Person. If a pleading or other paper is filed in person, such filing shall consist of delivery pursuant
to Rule 9(e) to a member of the Clerk's office during normal business
hours. See Rule 9(e).
***
(f) Pro Se Filings. A pro se filing is a
filing that is made by a person on his or her own behalf and that is not signed
by at least one counsel who is participating in the case. See Rule 38(a). Pro se filings must include a statement indicating
whether the filer is currently represented by designated military or other
counsel. A person who is represented by counsel may make a pro se filing only
if leave to file is granted by the Court for good cause shown. To establish
good cause, a person who is represented by a counsel who has entered a notice
of appearance must explain why representation by that counsel is inadequate.
The Court and its employees cannot give legal help or advice to any person. A
person making a pro se filing must follow all the Court's Rules of Practice and
Procedure.
Rule 37(b)(2) –
Printing, Copying, and Style Requirements
(2)
Except for electronically filed pleadings and audio and video recordings, an original
and 7 legible copies of all pleadings or other papers documents relative to a
case shall be filed. See Rule 35A concerning documents which contain
classified information.
Rule 38(a) – Signatures
(a)
General. Except for documents filed pro se in propria persona and those
provided for in subsection (b), all original pleadings or other papers filed in
a case will bear the signature of at least one counsel who is a member of this
Court's Bar and who is participating in the case. The name, address, telephone
number, Court Bar number, and rank, if any, of the person signing, together with
the capacity in which such counsel signs the paper, will be included. This
signature will constitute a certificate that the statements made in the
pleading or paper are true and correct to the best of the counsel's knowledge,
information, or belief, and that the pleading or paper is filed in good faith
and not for the purpose of unnecessary delay. A counsel who signs a pleading
"for" some other counsel whose name is typed under such signature must, in
addition, affix their own signature in a separate signature block with their
own name, address, telephone number, Court Bar number, and rank, if any, typed
thereunder. An electronic filing shall contain the digital signature of the
attorney of record.
Rule 39(a) – Service of
Pleadings
(a)
In General. At or before the filing of any pleading or other paper relative to
a case in the Clerk's office, a copy thereof shall be served on all
counsel of record, including amicus curiae counsel, in person, by mail, by
third-party commercial carrier, or by electronic means if the party being
served consents. See
Rule 16(b). When a party is not represented by counsel, service shall be
made on such party in person, by mail, or by third-party commercial carrier.
When reasonable, considering such factors as the immediacy of the relief
sought, distance, and cost, service must be at least as expeditious as the
manner used to file the pleading or other paper with the Court. See Rule 36.
Guidelines for
Electronic Filing of Pleadings
e.
The Joint Appendix to the brief,
to include copies, will
be filed in paper form only with the required number of paper copies rather
than electronically. Audio
and video recordings are exempt from this paper requirement for the Joint
Appendix to the brief.
If the appellant or petitioner files the brief electronically, the Joint
Appendix will be filed on the same day the brief is filed electronically.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 7, 2023
Petition for Grant of Review Filed
No.
23-0120/AF. U.S. v. Calvin M. Cooper. CCA 40092.
Petition for Grant of Review Denied
No.
23-0016/MC. U.S. v. Dexter K. Kunishige. CCA
201800110.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 6, 2023
Petitions for Grant of Review Filed
No.
23-0118/AR. U.S. v. Jason D. Kopp. CCA 20220027.
No.
23-0119/AR. U.S. v. Zackary L. Hill. CCA 20220174.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 3, 2023
Interlocutory Order
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of the joint
motion to unseal select sealed portions of the record of trial referenced in
the briefs, the corresponding portions of the Joint Appendix, and the briefs,
it is ordered that the motion is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 2, 2023
Petitions for Grant of Review Denied
No.
23-0022/AF. U.S. v. Michael J. Wermuth. CCA 39856.
No.
23-0034/AF. U.S. v. Seth M. Nix. CCA S32696.
No.
23-0040/AF. U.S. v. Jonathon S. Solomon. CCA 39972.
No.
23-0046/AR. U.S. v. Kyran N. Hulitt.
CCA 20210282.
No.
23-0059/AF. U.S. v. John C. Zapata. CCA 40048.
No.
23-0064/AF. U.S. v. John L. Tolano. CCA 40196.
No.
23-0071/MC. U.S. v. Joseph W. Dudley, Jr. CCA 202200161.
No.
23-0077/AF. U.S. v. Daesha R. Heard. CCA 40159.
No.
23-0079/AF. U.S. v. Kevin M. Rosales Gomez. CCA S32713.
Order Granting Petition for Review
No.
23-0053/AR. U.S. v. Jose A. MunozGarcia. CCA 20200550. 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.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 1,
2023
Miscellaneous Docket - Summary
Disposition
No.
23-0086/AF. Jamal X. Washington v. U.S. CCA 2022-14. On consideration of
the writ-appeal petition, it is ordered that the writ-appeal is denied.
Orders Granting Petition for Review
No.
23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407. 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
THE MILITARY JUDGE ABUSED HER DISCRETION IN ALLOWING THE VICTIM TO DELIVER HER
UNSWORN VICTIM STATEMENT IN A QUESTION-AND-ANSWER FORMAT.
No
briefs will be filed under Rule 25.
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. 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 ABUSED ITS DISCRETION IN REASSESSING APPELLANT'S SENTENCE.
Briefs
will be filed under Rule 25.
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