UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, May 31, 2023
Petitions for Grant of Review Filed
No.
23-0187/AR. U.S. v. Alexis Gonzalez. CCA 20220071.
No.
23-0188/AR. U.S. v. Tryvon M. Jones. CCA 20210503.
No.
23-0189/AF. U.S. v. Damien K. Welsh. CCA S32719.
Petitions for Grant of Review Denied
No.
23-0072/AF. U.S. v. Kevin Li. CCA S32632.
No.
23-0152/AF. U.S. v. Quincy A. Jones. CCA S32717.
Petition for Grant of Review - Summary
Disposition
No.
23-0137/AR. U.S. v. Justin A. Pickens. CCA 20220138. Appellee's motion to
dismiss the petition for grant of review is granted, and the petition for grant
of review is dismissed.
Order Granting Petition for Review
No.
23-0164/AF. U.S. v. George E. Lopez. CCA 40161. 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.
No
briefs will be filed under Rule 25.
Interlocutory Orders
No.
23-0120/AF. U.S. v. Calvin M. Cooper. CCA 40092. On consideration of the motion
filed by Attorney David L. Hall to appear pro hac vice, it is ordered that the
motion is granted.
No.
23-0183/MC. U.S. v. Tyler J. Leger. CCA 202100310. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 20, 2023.
No.
23-0184/AR. U.S. v. Shjon M. Kern. CCA 20210302. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 20, 2023.
No.
23-0185/NA. U.S. v. Brian J. Kuester. CCA 202100322. Appellant's motion to
extend time to file the supplement to the petition for grant of is granted
to June 20, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 30, 2023
Petitions for Grant of Review Filed
No.
23-0183/MC. U.S. v. Tyler J. Leger. CCA 202100310.
No.
23-0184/AR. U.S. v. Shjon M. Kern. CCA 20210302.
No.
23-0185/NA. U.S. v. Brian J. Kuester. CCA 202100322.
No.
23-0186/NA. U.S. v. Anthony E. Wilson. CCA 202200031.
Petitions for Grant of Review Denied
No.
23-0148/AF. U.S. v. Kevin E. Hernandez. CCA 40253.
No.
23-0154/NA. U.S. v. Erik D. Miller. CCA 202100273.
No.
23-0157/MC. U.S. v. Nikolus E. Schafferpugh. CCA 202200044.
No.
23-0158/AR. U.S. v. Chandler A. Wills. CCA 20220182.
Interlocutory Order
No.
23-0169/AR. U.S. v. Kristian R. Pfeffer. CCA 20210263. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to June 14, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, May 25, 2023
Petitions for Grant of Review Filed
No.
23-0181/AR. U.S. v. Zachary B. Craghead. CCA 20210205.
No.
23-0182/MC. U.S. v. Wyatt T. Weil. CCA 202200219.
Miscellaneous Docket - Filings
No.
23-0179/AR. Gene N. Williams, Appellant v. United States, Appellee. CCA
20130582. 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 in the nature of a writ of mandamus was filed under Rule
27(b) on this date.
No.
23-0180/AR. Gene N. Williams, Appellant v. United States, Appellee. CCA
20130582. 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 in the nature of a writ of error coram nobis was filed
under Rule 27(b) on this date.
Interlocutory Orders
No.
23-0149/AR. U.S. v. Cedric B. Matthews. CCA 20210340. Appellant's third motion
to extend time to file the supplement to the petition for grant of review is
granted, up to and including June 13, 2023, and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
23-0153/AR. U.S. v. Jason A. Lewis. CCA 20210434. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted, up to and including June 13, 2023, absent extraordinary circumstances,
no further extension of time will be granted in this case.
No.
23-0176/AR. U.S. v. Terry L. Montgomery. CCA 20210110. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to June 14, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, May 24, 2023
Petitions for Grant of Review Filed
No.
23-0177/AR. U.S. v. Brendan S. Goundry. CCA 20220218.
No.
23-0178/AR. U.S. v. Frankin J. Wickizer. CCA 20220176.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 23, 2023
Petitions for Grant of Review Denied
No.
23-0036/AR. U.S. v. Sebastian Ventura. CCA 20210049.
No.
23-0055/MC. U.S. v. Travonte D. Williams. CCA
202100094.
No.
23-0133/AF. U.S. v. Larry Kitchen, Jr. CCA 40155.
No.
23-0145/AR. U.S. v. Ronald S. Laird. CCA 20220188.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, May 22, 2023
Petition for Grant of Review Filed
No.
23-0176/AR. U.S. v. Terry L. Montgomery. CCA 20210110.
Interlocutory Orders
No.
23-0160/AR. U.S. v. Christian G. Alvarado. CCA 20210368. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to June 5, 2023.
No.
23-0174/AF. U.S. v. Brian W. Alton. CCA 40215. Appellant's motion to extend
time to file the supplement to the petition for grant of is granted to June 12,
2023.
Mandate Issued
No.
22-0234/AR. U.S. v. Byunggu Kim. CCA 20200689.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, May 19, 2023
Petitions for Grant of Review Filed
No.
23-0174/AF. U.S. v. Brian W. Alton. CCA 40215.
No.
23-0175/AR. U.S. v. Austin C. Waldrop. CCA 20220002.
Interlocutory Order
No.
23-0161/AR. U.S. v. Sergio Salcedo. CCA 20210280. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is granted
to June 6, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, May 18, 2023
Interlocutory Orders
No.
23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134. Appellant's motion to submit
pages 172 and 173 of the Joint Appendix under seal is denied.
No.
23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711. Appellant's motion to exceed
the supplement word count is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 16, 2023
Petition for Grant of Review Filed
No.
23-0173/AR. U.S. v. Tyanah A. Morris. CCA 20210624.
Petition for Grant of Review Denied
No.
23-0098/AR. U.S. v. Hayden R. Elder. CCA 20210330.
Interlocutory Orders
No.
23-0139/NA. U.S. v. Thomas H. Martin. CCA 202100089. Appellant's third motion
to extend time to file the supplement to the petition for grant of review is
granted, up to and including May 17, 2023, and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. Appellant's third motion
to extend time to file the supplement to the petition for grant of review is granted,
up to and including May 18, 2023, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No.
23-0147/NA. U.S. v. David M. Diaz. CCA 202100090. Appellant's second motion to
extend time to file the supplement to the petition for
grant of review is granted to May 18, 2023.
No.
23-0170/AF. U.S. v. Jaime R. Rodriguez. CCA 38519. Appellant's motion to extend
time to file the supplement to the petition for grant
of review is granted to June 5, 2023.
Mandate Issued
No.
22-0279/MC. U.S. v. Ethan R. Shields. CCA 202100061.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, May 15, 2023
Petition for Grant of Review Filed
No.
23-0172/AR. U.S. v. Shawn S. Campbell. CCA 20210575.
Interlocutory Orders
No.
23-0149/AR. U.S. v. Cedric B. Matthews. CCA 20210340. Appellant's second motion
to extend time to file the supplement to the petition
for grant of review is granted to May 30, 2023.
No.
23-0153/AR. U.S. v. Jason A. Lewis. CCA 20210434. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is granted
to May 30, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, May 12, 2023
Petitions for Grant of Review Filed
No.
23-0170/AF. U.S. v. Jaime R. Rodriguez. CCA 38519.
No.
23-0171/AR. U.S. v. Marcellus O. McGlothlin. CCA 20220472.
Interlocutory Orders
No.
23-0130/AR. U.S. v. Brendon D. Rubirivera. CCA
20200268. Appellant's motion to file the supplement to the petition for grant
of review out of time is granted.
No.
23-0150/MC. U.S. v. Castanedamanzo. CCA 202100229. Appellant's
second motion to extend time to file the supplement to
the petition for grant of review is granted to May 31, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 9, 2023
Petitions for Grant of Review Denied
No.
23-0128/AR. U.S. v. Andre C. Edwards, Jr. CCA 20210218.
No.
23-0132/AR. U.S. v. Derek T. Witteman. CCA 20220254.
No.
23-0136/AR. U.S. v. Patrick L. Cumbie. CCA 20220419.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, May 8, 2023
Petition for Grant of Review Denied
No.
23-0105/NA. U.S. v. Kevin L. Johnson. CCA 202100183.
Appeal — Summary Disposition
No.
22-0280/AF. U.S. v. D'Andre M. Johnson. CCA 39676. On consideration of
the petition for grant of review of the decision of the United States Air Force
Court of Criminal Appeals, and in the light of United States v. Pullings,
__ M.J. __ (C.A.A.F. 2023), it is ordered that the granted issue is answered in
the negative, and the decision of the United States Air Force Court of Criminal
Appeals is therefore affirmed.
* HARDY, Judge
(concurring in the judgment): For the reasons set forth in my separate opinion
in United States v. Pulling, __ M.J. __ (C.A.A.F. 2023) (Hardy, J.,
concurring in the judgment), I concur in the judgment.
Interlocutory Orders
No.
23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134. Appellee's motion to dismiss
the certificate of review for lack of jurisdiction for failure to comply with
Article 67(a)(2), UCMJ, and motion to dismiss the certificate of review for
lack of jurisdiction for failure to certify a matter of law are hereby denied.
No.
23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134. Appellant's motion to
supplement the record is hereby denied.
No.
23-0139/NA. U.S. v. Thomas H. Martin. CCA 202100089. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
hereby granted to May 15, 2023.
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
hereby granted to May 16, 2023.
No.
23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
hereby granted to May 30, 2023.
No.
23-0166/AF. U.S. v. Christian A. Rodriguez. CCA 40218. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
hereby granted to May 30, 2023.
No.
23-0167/AF. U.S. v. Garret W. Souders. CCA 40145. Appellant's motion to extend
time to file the supplement to the petition for grant of review is hereby
granted to May 30, 2023.
No.
23-0168/AF. U.S. v. Matthew D. Schauer. CCA 40203. Appellant's motion to extend
time to file the supplement to the petition for grant of review is hereby
granted to May 30, 2023.
No.
23-0169/AR. U.S. v. Kristian R. Pfeffer. CCA 20210263. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
hereby granted to May 30, 2023.
Mandate Issued
No.
23-0061/CG. James D. Fink v. Y.B. & U.S. CCA 001-23.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, May 5, 2023
Petition for Grant of Review Filed
No.
23-0169/AR. U.S. v. Kristian R. Pfeffer. CCA 20210263.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, May 4, 2023
Petition for Grant of Review Filed
No.
23-0168/AF. U.S. v. Matthew D. Schauer. CCA 40203.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, May 3, 2023
Petitions for Grant of Review Filed
No.
23-0166/AF. U.S. v. Christian A. Rodriguez. CCA 40218.
No.
23-0167/AF. U.S. v. Garret W. Souders. CCA 40145.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 2, 2023
Petitions for Grant of Review Denied
No.
23-0049/MC. U.S. v. Miguel A. Champion-Flores. CCA 202100088.
No.
23-0068/AR. U.S. v. Jonathan L. Roebuck. CCA 20220021.
No.
23-0131/AR. U.S. v. David M. Musgrove. CCA 20220181.
Petition for Grant of Review - Summary
Disposition
No.
23-0126/NA. U.S. v. Rill A. Thompson. CCA 202100205. On consideration of
the petition for grant of review of the decision of the United States
Navy-Marine Corps Court of Criminal Appeals, we note that the general
court-martial adjudged a sentence consisting of confinement for 21 years and a
dishonorable discharge and that the convening authority approved that sentence.
However,
the lower court first stated the following: "Sentence in the Entry of Judgment:
reduction to E-1, confinement for 21 years, forfeiture of all pay and
allowances, and a dishonorable discharge," and then later affirmed the
sentence. United States v. Thompson, No. 202100205, slip op. at 1 (N-M.
Ct. Crim. App. Jan. 18, 2023). Actually, the Entry of Judgment stated that
"[t]he Convening Authority approved the sentence of 21 years confinement and a
dishonorable discharge." Rill A. Thompson Entry of Judgment of July 16, 2021 at
2.
Accordingly,
it is ordered that said petition is granted on the following specified issue:
WHETHER
THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY
PURPORTING TO AFFIRM A "REDUCTION TO E-1" AND "FORFEITURE OF ALL PAY AND
ALLOWANCES" WHERE NO SUCH PUNISHMENTS WERE ADJUDGED AT THE COURT-MARTIAL.
The
decision of the lower court is affirmed as to findings and to only so much of
the sentence as provides for confinement for 21 years and a dishonorable discharge.
Order Granting Petition for Review
No.
23-0090/AR. U.S. v. Samuel H. Zimmer. CCA 20200671. 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
A UNANIMOUS GUILTY VERDICT IS A FUNDAMENTAL RIGHT GUARANTEED TO SERVICE MEMBERS
THROUGH THE FIFTH AND SIXTH AMENDMENTS AND PURSUANT TO CURRENT CASE LAW.
No
briefs will be filed under Rule 25.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, May 1, 2023
Petitions for Grant of Review Filed
No.
23-0162/AF. U.S. v. Kristopher D. Cole. CCA 40189.
No.
23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711.
No.
23-0164/AF. U.S. v. George E. Lopez. CCA 40161.
No.
23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089.
Order Granting Petition for Review
No.
23-0066/AF. U.S. v. Alexander L. Driskill. CCA 39889. 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:
IN
APPELLANT'S FIRST COURT-MARTIAL, THE MILITARY JUDGE DISMISSED THE CHARGE OF
WRONGFUL POSSESSION OF OBSCENE CARTOONS AFTER CLOSING ARGUMENTS. DID THE
GOVERNMENT'S REPROSECUTION OF APPELLANT FOR THE SAME OFFENSE VIOLATE THE FIFTH
AMENDMENT AND ARTICLE 44'S PROHIBITIONS AGAINST DOUBLE JEOPARDY?
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
23-0160/AR. U.S. v. Christian G. Alvarado. CCA 20210368. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to May 22, 2023.
No.
23-0161/AR. U.S. v. Sergio Salcedo. CCA 20210280. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
May 22, 2023.
No.
23-0162/AF. U.S. v. Kristopher D. Cole. CCA 40189. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
May 22, 2023.
No.
23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
May 22, 2023.
No.
23-0164/AF. U.S. v. George E. Lopez. CCA 40161. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
May 22, 2023.
Mandate Issued
No.
22-0123/AF. U.S. v. Travis D. Pullings. CCA 39948.
Home Page |
Opinions & Digest
| Daily
Journal | Scheduled
Hearings | Search
Site