UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 31,
2023
Petitions for Grant of Review Denied
No.
23-0226/AR. U.S. v. Dashawna D. Robinson. CCA 20220043.
No.
23-0254/AR. U.S. v. Joseph L. Cook. CCA 20220153.
Interlocutory Orders
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's motion for a
second enlargement of time to file a petition for reconsideration, is granted
to November 30, 2023.
No.
23-0085/AF. U.S. v. Jonel H. Guihama. CCA 40039. Appellant's motion to extend
time to file a reply brief is granted to November 9, 2023.
No.
23-0233/NA. In re B.M., Appellant v. United States, Appellee and Donnie R.
Bailey, Real Party In Interest. CCA 202300050. On consideration of the motion
filed by the Special Victims' Counsel for leave to file a reply brief under
seal, it is ordered that the motion is granted.
No.
24-0021/AR. U.S. v. Phillip A. Floyd. CCA 20220258. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to November 20, 2023.
No.
24-0024/AR. U.S. v. Julius N. Batts. CCA 20210559. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
November 20, 2023.
No.
24-0025/AR. U.S. v. Luis A. MoralesSanchez. CCA 20210286. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to November 20, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, October 30,
2023
Petitions for Grant of Review Filed
No.
24-0020/MC. U.S. v. Justin T. Ellard. CCA 202200051.
No.
24-0021/AR. U.S. v. Phillip A. Floyd. CCA 20220258.
No.
24-0022/AR. U.S. v. Kealan L. McElroy. CCA 20220461.
No.
24-0023/AR. U.S. v. Ashton K. Glenn. CCA 20220060.
No.
24-0024/AR. U.S. v. Julius N. Batts. CCA 20210559.
No.
24-0025/AR. U.S. v. Luis A. MoralesSanchez. CCA 20210286.
Interlocutory Orders
No.
24-0008/AR. U.S. v. Shawn M. Marrin. CCA 20210531. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to November 20, 2023.
No.
24-0020/MC. U.S. v. Justin T. Ellard. CCA 202200051. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to November 20, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, October 27,
2023
Miscellaneous Docket - Filing
No.
24-0019/AF. Jose A. Cossio, Jr., Appellant v. The United States and the Air
Force Court of Criminal Appeals, Appellees. CCA 2023-09. 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 error coram nobis was filed under Rule 27(b) on this date.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, October 26,
2023
Interlocutory Order
No.
23-0223/AF. U.S. v. Jeremy J. Stradtmann. CCA 40237.
Appellant's motion to extend time to file a reply
brief is granted to October 30, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, October 25,
2023
Petition for Grant of Review Filed
No.
24-0018/AF. U.S. v. Domingo J. Cabuhat, Jr. CCA 40191.
Hearings
No.
23-0066/AF. U.S. v. Alexander L. Driskill. CCA 39889.
No.
23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 24,
2023
Petitions for Grant of Review Denied
No.
23-0237/AR. U.S. v. Tyler K. McKnight. CCA 20220165.
No.
23-0248/AR. U.S. v. Damariyae T. Pope. CCA 20210501.
Miscellaneous Docket - Summary
Disposition
No.
23-0258/AR. Rene D. Alfaro, Petitioner v. Judges of the United States Army
Court of Criminal Appeals, Respondent. CCA 2022-14. On consideration of
the petition for extraordinary relief in the nature of a
writ of mandamus, it is ordered that the petition is granted, except as it
pertains to Item Y.
Interlocutory Orders
No.
23-0225/AR. U.S. v. Michael L. Wilson. CCA 20210276. Appellant's motion to
extend time to file a brief is granted to November 13,
2023.
No.
23-0246/AR. U.S. v. Neil D. Pulver. CCA 20210670. Appellant's motion to examine
sealed exhibits is granted.
No.
23-0249/AR. U.S. v. David W. Carter, Jr. CCA 20200445.
Appellant's
motion to extend time to file an answer to Appellee's motion to dismiss the
petition for grant of review is granted to November 13, 2023.
No.
23-0250/AF. H.V.Z., Appellant v. United States, Appellee and TSgt Michael K. Fewell,
Real Party In Interest. CCA 2023-03. On consideration
of the motion filed by the United States Navy Victims' Legal Counsel and the
United States Coast Guard Special Victims' Counsel Program for leave to file an amici curiae brief in support of Appellant, it is
ordered that the motion is granted.
Hearings
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582.
No.
23-0080/AR. U.S. v. Anthony R. Ramirez. CCA 20210376.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, October 23,
2023
Petition for Grant of Review Filed
No.
24-0017/AR. U.S. v. Bonifacio I. Hernandez IV. CCA 20220331.
Interlocutory Orders
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. Appellee's motion to extend time to file a brief is granted to November 27, 2023.
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. On consideration of the
motion filed by Lieutenant Megan E. Horst, for leave to withdraw as appellate
defense counsel, it appears that the Judge Advocate General has assigned
another counsel to represent Appellant and that the new attorney has assumed
the representation of said Appellant. Accordingly, it is ordered that the
motion is granted.
No.
23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222. Appellant's motion to extend
time to file a brief is granted, up to and including December 15, 2023, and
absent extraordinary circumstances, no further extension of time will be
granted in this case.
No.
23-0233/NA. In re B.M., Appellant v. United States, Appellee and Dominic R. Bailey,
Real Party In Interest. CCA 202300050. On
consideration of the motion filed by the Real Party in Interest for leave to
file a brief under seal, it is ordered that the motion is granted.
No.
23-0257/AF. In re Humphrey Daniels III, Petitioner. CCA 39407. On consideration
of Petitioner's motion to attach corrected pages, it
is ordered that the motion is granted.
No.
24-0016/CG. U.S. v. Dillon R. Sapp. CCA 001-69-23. Appellee's motion to extend
time to file the supplement to the petition for grant of review is granted to
November 13, 2023.
No.
24-0017/AR. U.S. v. Bonifacio I. Hernandez IV. CCA 20220331. Appellee's motion
to extend time to file the supplement to the petition for grant of review is
granted to November 13, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, October 20,
2023
Petition for Grant of Review Filed
No.
24-0016/CG. U.S. v. Dillon R. Sapp. CCA 001-69-23.
Petitions for Grant of Review Denied
No.
23-0231/AF. U.S. v. Brandon C. Barnes. CCA 40252.
No.
23-0251/AR. U.S. v. Nyrico A. Reedy. CCA 20220170.
No.
23-0255/AR. U.S. v. Joel Y. Easter. CCA 20220459.
Order Granting Petition for Review
No.
23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222. 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:
IS
APPELLANT'S CONVICTION FOR A CLAUSE 2, ARTICLE 134, UCMJ, OFFENSE LEGALLY INSUFFICIENT
AS TO THE TERMINAL ELEMENT?
Appellant
will file a brief on or before November 20, 2023. Appellee will file an answer
brief no later than 30 days after the filing of Appellant's brief, and
Appellant may file a reply brief no later than 10 days after the filing of
Appellee's answer brief.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, October 19,
2023
Interlocutory Orders
No.
23-0233/NA. In re B.M., Appellant v. United States, Appellee and Dominic R. Bailey,
Real Party In Interest. CCA 202300050. On
consideration of the motion filed by the Pink Berets and Not In
My Marine Corps for leave to file an amicus curiae brief in support of
Appellant and motion to attach notification of parties' positions on filing of amicus
brief, it is ordered that the motions are granted.
No.
23-0233/NA. In re B.M., Appellant v. United States, Appellee and Dominic R. Bailey,
Real Party In Interest. CCA 202300050. On
consideration of the motion filed by the United States Marine Corps Victims'
Legal Counsel Organization and the United States Navy Victims' Legal Counsel
Program for leave to file an amicus curiae brief and motion to correct
errata, it is ordered that the motions are granted.
No.
24-0015/AR. U.S. v. Jaheemee J. Williams. CCA
20230048. Appellant's motion to extend time to file the supplement to the
petition for grant of review is granted, up to and including November 8, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, October 18,
2023
Petition for Grant of Review Filed
No.
24-0015/AR. U.S. v. Jaheemee J. Williams. CCA 20230048.
Interlocutory Orders
No.
23-0233/NA. In re B.M. v. U.S. & Dominic R. Bailey. CCA 202300050. On
consideration of the motion filed by the Real Party in Interest to correct the
docketing notice for the certificate for review, it is ordered that the motion
is hereby granted.
No.
23-0261/AR. U.S. v. Jason J. Geranen. CCA 20210306.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 hereby granted to October
30, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 17,
2023
Petition for Grant of Review Filed
No.
24-0014/AR. U.S. v. Anthony R. Allred. CCA 20220141.
Petitions for Grant of Review Denied
No.
23-0240/AR. U.S. v. Tyler K. Howard. CCA 20220229.
No.
23-0247/AR. U.S. v. Zachary A. Bennett. CCA 20230023.
No.
23-0253/AR. U.S. v. Shadai A. Brimmer. CCA 20210622.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, October 16,
2023
Petition for Grant of Review Filed
No.
24-0013/AR. U.S. v. Eric L. Thompson. CCA 20220040.
Interlocutory Orders
No.
23-0246/AR. U.S. v. Neil D. Pulver. CCA 20210670. On consideration of
Appellant's third motion to extend time to file the supplement to the petition
for grant of review, it is ordered that the motion is granted, up to and
including October 30, 2023, and that absent extraordinary circumstances, no
further extension of time will be granted in this case.
No.
24-0004/AF. U.S. v. Devin W. Johnson. CCA 40257. 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 22, 2023,
and that absent extraordinary circumstances, no further extension of time will
be granted in this case.
No.
24-0011/MC. U.S. v. Sean M. Swisher. CCA 202100311. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to November 6, 2023.
No.
24-0012/AF. U.S. v. Stephen T. Robles. CCA 40280. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to November 6, 2023.
No.
24-0013/AR. U.S. v. Eric L. Thompson. CCA 20220040. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to November 6, 2023.
Mandate Issued
No.
22-0282/AR. U.S. v. Ashraf S. Warda. CCA 20200644.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, October 13,
2023
Petition for Grant of Review Filed
No.
24-0012/AF. U.S. v. Stephen T. Robles. CCA 40280.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, October 12,
2023
Petition for Grant of Review Filed
No.
24-0011/MC. U.S. v. Sean M. Swisher. CCA 202100311.
Interlocutory Order
No.
24-0010/AR. U.S. v. Devante L. Owens. CCA 20210643. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is hereby granted to November 1, 2023.
Mandate Issued
No.
22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248.
Hearing
No.
23-0021/NA. U.S. v. Nixon Keago. CCA 202100008.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, October 11,
2023
Petition for Grant of Review Filed
No.
24-0010/AR. U.S. v. Devante L. Owens. CCA 20210643.
Interlocutory Orders
No.
23-0232/AR. U.S. v. Lesly J. Lindor. CCA 20210520. Appellant's motion to submit
matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A.
1982) is hereby granted.
No.
23-0249/AR. U.S. v. David W. Carter, Jr. CCA 20200445. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
hereby granted to October 16, 2023.
No.
24-0008/AR. U.S. v. Shawn M. Marrin. CCA 20210531. Appellant's motion to extend
time to file the supplement to the petition for grant of review is hereby
granted to October 31, 2023.
No.
24-0009/AF. U.S. v. Kevin R. Romero-Alegria. CCA 40199. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
hereby granted to October 31, 2023.
Hearing
No.
23-0107/AR. U.S. v. Ladonies P. Strong. CCA 20200391.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 10,
2023
Petition for Grant of Review Filed
No.
24-0009/AF. U.S. v. Kevin R. Romero-Alegria. CCA 40199.
Order Granting Petition for Review
No.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. 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
APPELLANT'S CONVICTION FOR SEXUAL ASSAULT WITHOUT CONSENT WAS LEGALLY
SUFFICIENT.
Appellant
will file a brief on or before November 13, 2023; Appellee will file an answer
brief no later than 30 days after the filing of Appellant's brief, and
Appellant may file a reply brief no later than 10 days after the filing of
Appellee's answer brief.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, October 6, 2023
Petition for Grant of Review Filed
No.
24-0008/AR. U.S. v. Shawn M. Marrin. CCA 20210531.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, October 5,
2023
Petition for Grant of Review Filed
No.
24-0007/AR. U.S. v. Michael T. Hernandez. CCA 20220395.
Interlocutory Order
No.
23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407. On consideration of
Appellant's motion for leave to suspend the Court's deadlines for petitions for
reconsideration and consecutive petitions for reconsideration, and the petition
for reconsideration, it is hereby ordered that the motion is hereby denied; and
that the petition for reconsideration is dismissed as untimely.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, October 4,
2023
Petition for Grant of Review Filed
No.
24-0006/AR. U.S. v. Tony L. Butler, Jr. CCA 20220647.
Interlocutory Order
No.
24-0004/AF. U.S. v. Devin W. Johnson. CCA 40257. Appellant's motion to extend time to file the supplement to the petition for grant of
review is hereby granted to October 23, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 3,
2023
Petitions for Grant of Review Filed
No.
24-0004/AF. U.S. v. Devin W. Johnson. CCA 40257.
No.
24-0005/AR. U.S. v. Michael W. Jones. CCA 20220068.
Petitions for Grant of Review Denied
No.
23-0242/AR. U.S. v. Lee T. Nguyen. CCA 20210509.
No.
23-0243/AR. U.S. v. Daniel D. Pulley. CCA 20220494.
No.
23-0244/AR. U.S. v. Kyle E. Garman. CCA 20220266.
Order Granting Petition for Review
No.
23-0215/CG. U.S. v. Mark J. Grijalva. CCA 1482. 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:
WHETHER
THE UNENUMERATED ARTICLE 134, UCMJ, OFFENSE CHARGED IN SPECIFICATION 2 OF
CHARGE III IS PREEMPTED BY ARTICLE 117a, UCMJ, WHICH CONGRESS ENACTED TO
ADDRESS THE WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE VISUAL IMAGES.
Appellant
will file a brief on or before November 3, 2023; Appellee will file an answer
brief no later than 30 days after the filing of Appellant's brief; and
Appellant may file a reply brief no later than 10 days after the filing of
Appellee's answer brief.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, October 2, 2023
Petitions for Grant of Review Filed
No.
24-0001/AF. U.S. v. Garrett J. Pagan. CCA S32738.
No.
24-0002/AR. U.S. v. Allan L. Armstrong. CCA 20210644.
No.
24-0003/AR. U.S. v. Juan A. Rosa Nazario. CCA 20220405.
Interlocutory Orders
No.
23-0246/AR. U.S. v. Neil D. Pulver. CCA 20210670. Appellant's second motion to
extend time to file the supplement to the petition for
grant of review is granted to October 16, 2023.
No.
23-0261/AR. U.S. v. Jason J. Geranen. CCA 20210306. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to October 23, 2023.
No.
24-0002/AR. U.S. v. Allan L. Armstrong. CCA 20210644. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to October 23, 2023.
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