UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 29, 2024

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Order Granting Petition for Review

 

No. 24-0172/AR. U.S. v. Rodrigo L. Urieta. CCA 20220432. 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 BY DENYING THE DEFENSE CHALLENGE FOR CAUSE AGAINST A MEMBER WHO BELIEVED A SOLDIER WHO HIRED A CIVILIAN DEFENSE COUNSEL DID NOT BELIEVE IN HIS DEFENSE.

 

Appellant will file a brief on or before September 30, 2024, 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.

 

Interlocutory Orders

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of the motion filed by the Intervenor E.B. to reject Appellant's motion to view and copy sealed material, it is ordered that the motion is denied without prejudice to filing a motion for leave to file an amicus curiae brief.

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of Appellant's motions to view and copy sealed material, to file a brief under seal and to file the joint appendix under seal, it is ordered that the motions are granted.

 

No. 24-0156/AR. U.S. v. Ross E. Downum. CCA 20220575. Appellee's motion to reschedule oral argument is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 28, 2024

 

Petition for Grant of Review Filed

 

No. 24-0222/AR. U.S. v. Leonardo R. Garcia. CCA 20230508.

 

Interlocutory Order

 

No. 24-0221/AF. U.S. v. Jakalien J. Cook. CCA 40333. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 17, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 27, 2024

 

Petition for Grant of Review Filed

 

No. 24-0221/AF. U.S. v. Jakalien J. Cook. CCA 40333.

 

Interlocutory Orders

 

No. 24-0156/AR. United States, Appellant v. Ross E. Downum, Appellee. CCA 20220575. On consideration of Appellant's motion to amend its certificate for review, Appellant's motion to supplement the record, and Appellee's motion for appellate discovery, the Court notes the following:

 

1. Article 67(a)(2), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 867(a)(2) (2018), directs this Court to review the record in "all cases reviewed by a Court of Criminal Appeals which the Judge Advocate General, after appropriate notification to the other Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps, orders sent to the Court of Appeals for the Armed Forces for review." (Emphasis added.) Rule for Courts-Martial (R.C.M.) 1204(a)(2) implements Article 67(a)(2), UCMJ, with the same requirement of "appropriate notification." 

 

2. On April 30, 2024, according to representations that neither party disputes, the Chief of the Government Appellate Division, U.S. Army, sent a notice to the chiefs of the government appellate divisions of the other services informing them of the Army Judge Advocate General's intent to certify three issues to this Court pursuant to Article 67(a)(2), UCMJ.

 

3. On May 13, 2024, the Army Judge Advocate General signed a certificate for review in this Court requesting review of these issues. The certificate for review included the following statement: "Pursuant to Article 67(a)(2) the other Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps were notified of my consideration to certify the issues."

 

4. On May 15, 2024, again according to representations that neither party contests, Appellant learned that the service leadership of two services had not acquired actual knowledge of the certified issues as of May 13, 2024, the date on which the Army Judge Advocate General had signed the certificate for review. All the Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps had been directly notified, and thus acquired actual knowledge, of the certified issues by May 20, 2024.

 

5. On May 22, 2024, Appellant moved to file an amended certificate for review. The text of the proffered amended certificate for review is identical to the certificate for review filed on May 13, 2024, but indicates that it was signed by the Judge Advocate General of the Army on May 20, 2024.

 

6. On May 28, 2024, Appellee filed an answer opposing Appellant's motion to amend the certificate for review and proposed further inquiry into whether the prerequisites for jurisdiction under Article 67(a)(2), UCMJ, had been met. On May 31, 2024, Appellant filed a reply to this answer in which it asserted that the prerequisites for jurisdiction had been met.

 

7. On June 14, 2024, this Court ordered supplemental briefing on several specified issues, including: "Are the requirements of 'appropriate notification' in Article 67(a)(2), Uniform Code of Military Justice, 10 U.S.C. § 867(a)(2) (2018) and Rule for Courts-Martial 1204(a)(2), satisfied by routing notification to the Government Appellate Division Chief of each respective service?"

 

8. Appellant argued in its supplemental brief that it had provided appropriate notification, asserting that sending notice through appropriate personnel satisfies the requirement of notifying the Judge Advocates General of the other services and the Staff Judge Advocate to the Commandant of the Marine Corps. Appellee argued in his supplemental brief that notice to the chiefs of the government appellate divisions of the other services was not "appropriate notice" because these chiefs "are not part of the offices of the judge advocates general." Appellee therefore requested this Court to dismiss the appeal.

 

Having received the supplemental briefing and considered these procedural steps, this Court reaches the following conclusions:

 

Appellee has not filed a separate motion to dismiss the certificate for review for lack of jurisdiction but has merely asked for that remedy in his pleadings. Ordinarily, motions must be filed separately before this Court and cannot be incorporated into other pleadings. C.A.A.F. R. 30(d). This Court, however, has an independent duty to determine whether it has jurisdiction even if the issue is not properly raised by the parties. M.W. v. United States, 83 M.J. 361, 363 (C.A.A.F. 2023) (citing Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006)). The Court therefore considers Appellee's request to dismiss the appeal in conjunction with our review of Appellant's motion to amend.

 

Article 67(a)(2), UCMJ, and R.C.M. 1204(a)(2) require a Judge Advocate General seeking to certify issues to this Court to provide "appropriate notification to" the senior leaders of the other services. The Court cannot equate "notification to" with "actual knowledge of" because these are well-recognized as distinct legal concepts. Compare Notification, Black's Law Dictionary 1280 (11th ed. 2019), with Knowledge, id. at 1043. In addition, if a requirement of actual knowledge of the certified issues were required, the qualifier "appropriate" would be rendered superfluous. The Court therefore interprets the phrase "appropriate notification to" simply to mean that the text of the proposed certified issues must be sent to addresses or through personnel that are appropriate for contacting the senior leaders of each of the other services.

 

In this case, Appellee argues that the notices were not sent to appropriate addresses or personnel when they were sent to the chiefs of the government appellate divisions of the other services. Appellee, however, has cited no statute, rule, or regulation requiring notification to be sent to a different address. Appellee has also cited nothing to indicate that the Judge Advocates General of the other services or the Staff Judge Advocate to the Commandant of the Marine Corps desired the Army Judge Advocate General to send notice to a different location. Accordingly, the Court has no basis for concluding that the notification in this case was not appropriate. The Court therefore rejects Appellee's request that the Court dismiss the certificate for review. The Court further has no need to address the other specified issues. And because the initial certificate for review correctly stated that appropriate notification had been sent, the Court also perceives no need for amending the certificate for review. Accordingly, it is ordered that Appellee's request to dismiss the appeal is denied, that Appellant's motion to file an amended certificate for review is denied, and Appellant's motion to supplement the record and Appellee's motion for appellate discovery are denied as moot. 

 

No. 24-0207/AR. U.S. v. Laquinton T. Leslie. CCA 20220205. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to September 9, 2024.

 

No. 24-0217/AR. U.S. v. Alex J. Secord. CCA 20210667. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 16, 2024.

 

No. 24-0218/AR. U.S. v. Anthony J. Longres. CCA 20220473. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 16, 2024.

 

No. 24-0220/AR. U.S. v. Laavon D. Owens. CCA 20220280. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 16, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 26, 2024

 

Petition for Grant of Review Filed

 

No. 24-0220/AR. U.S. v. Laavon D. Owens. CCA 20220280.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 23, 2024

 

Petitions for Grant of Review Filed

 

No. 24-0217/AR. U.S. v. Alex J. Secord. CCA 20210667.

No. 24-0218/AR. U.S. v. Anthony J. Longres. CCA 20220473.

No. 24-0219/AF. U.S. v. Brian W. Gubicza. CCA 40464.

 

Interlocutory Orders

 

No. 24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302. Appellant's motion to extend time to file a reply brief is granted to September 16, 2024.

 

No. 24-0210/AR. U.S. v. Badders. CCA 20200538. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to September 9, 2024.

 

No. 24-0216/AR. U.S. v. Brett D. Crawford. CCA 20230107. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 18, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 20, 2024

 

Petitions for Grant of Review Denied

 

No. 24-0142/AF. U.S. v. Ervin D. McCoy. CCA 40119.

No. 24-0157/AR. U.S. v. Andre X. Tate. CCA 20200590.

No. 24-0176/AR. U.S. v. Noe A. RodriguezMorones. CCA 20230274.

No. 24-0193/NA. U.S. v. Dean Avellaneda. CCA 202300116.

No. 24-0201/AR. U.S. v. Justin Washington. CCA 20230198.

No. 24-0203/AR. U.S. v. Jaqui L. Jones. CCA 20230445.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 19, 2024

 

Petition for Grant of Review Filed

 

No. 24-0216/AR. U.S. v. Brett D. Crawford. CCA 20230107.

 

Mandate Issued

 

No. 23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 16, 2024

 

Petition for Grant of Review Filed

 

No. 24-0215/AF. U.S. v. Branden C. Haynes. CCA 40306.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 15, 2024

 

Petition for Grant of Review Denied

 

No. 24-0173/NA. U.S. v. Kevin C. McNulty. CCA 202300070.

 

Order Granting Petition for Review

 

No. 24-0138/MC. U.S. v. Juan I. Campos. CCA 202200246. 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 granted on the following issue:

 

DID THE MILITARY JUDGE ABUSE HIS DISCRETION BY ADMITTING AND CONSIDERING, OVER DEFENSE OBJECTION, ALLEGATIONS OF ADDITIONAL MISCONDUCT IN THE UNSWORN VICTIM IMPACT STATEMENT?

 

Appellant will file a brief on or before September 16, 2024; 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

Wednesday, August 14, 2024

 

Petition for Grant of Review Filed

 

No. 24-0214/AR. U.S. v. Joshua L. Lopezalgarin. CCA 20230630.

 

Interlocutory Order

 

No. 24-0212/AF. U.S. v. Monica R. Arroyo. CCA 40321. Appellant’s motion to extend time to file the supplement to the petition for grant of review is granted to September 3, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 13, 2024

 

Interlocutory Order

 

No. 24-0124/NA & No. 24-0125/NA. United States, Appellee/Cross-Appellant v. Jeremy W. Harboth, Appellant/Cross-Appellee. CCA 202200157. On consideration of Appellant/Cross-Appellee’s second motion to extend time to file a brief, it is ordered that the motion is granted to September 3, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 12, 2024

 

Petitions for Grant of Review Filed

 

No. 24-0212/AF. U.S. v. Monica R. Arroyo. CCA 40321.

No. 24-0213/AR. U.S. v. Charles R. Green. CCA 20210656.

 

Mandates Issued

 

No. 23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299.

No. 24-0002/AR. U.S. v. Allan L. Armstrong. CCA 20210644.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 9, 2024

 

Petitions for Grant of Review Denied

 

No. 24-0135/AR. U.S. v. Jose A. Tezanosalvarez. CCA 20220484.

No. 24-0199/AR. U.S. v. Andrew K. Masich. CCA 20230352.

 

Interlocutory Orders

 

No. 24-0091/AR. U.S. v. Jonathan Marin. CCA 20210375. On consideration of Appellant’s motion to file petition for reconsideration out of time and Appellant’s petition for reconsideration, it is ordered that the motion to file petition for reconsideration out of time is granted and the petition for reconsideration is denied.

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellant’s motion to extend time to file a brief is granted to September 18, 2024. 

 

No. 24-0210/AR. U.S. v. Badders. CCA 20200538. Appellant’s motion to extend time to file the supplement to the petition for grant of review is granted to August 29, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 8, 2024

 

Petition for Grant of Review Filed

 

No. 24-0211/NA. U.S. v. Christian J. Elizondo. CCA 202300239.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 7, 2024

 

Petition for Grant of Review Filed

 

No. 24-0210/AR. U.S. v. Badders. CCA 20200538.

 

Petition for Grant of Review Denied

 

No. 24-0153/AR. U.S. v. Darren M. Gale. CCA 20230142.

 

Interlocutory Order

 

No. 24-0208/AF. U.S. v. Michael A. Valentin-Andino. CCA 40185. Appellant’s motion to extend time to file the supplement to the petition for grant of review is granted to August 27, 2024.

 

Petitions for Reconsideration Denied

 

No. 24-0085/AF. U.S. v. Jeremy M. Zier. CCA 21014. Appellant’s petition for reconsideration of this Court’s order issued July 18, 2024, is denied.

 

No. 24-0143/AF. U.S. v. Philip C. Knodel. CCA 40018. Appellant’s petition for reconsideration of this Court’s order issued July 18, 2024, is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 6, 2024

 

Petition for Grant of Review Filed

 

No. 24-0209/AF. U.S. v. Kaye P. Donley. CCA 40350.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 5, 2024

 

Petition for Grant of Review Filed

 

No. 24-0208/AF. U.S. v. Michael A. Valentin-Andino. CCA 40185.

 

Interlocutory Orders

 

No. 24-0096/AF. U.S. v. Jaquan Q. Greene-Watson. CCA 40293. Appellant's motion to extend time to file a reply brief is granted to August 15, 2024.

 

No. 24-0207/AR. U.S. v. Laquinton T. Leslie. CCA 20220205. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 26, 2024.

 

Mandate Issued

 

No. 23-0250/AF. H.V.Z. v. U.S. & Fewell. CCA 2023-03.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 2, 2024

 

Petitions for Grant of Review Filed

 

No. 24-0206/AF. U.S. v. Dennis A. George, Jr. CCA 40397.

No. 24-0207/AR. U.S. v. Laquinton T. Leslie. CCA 20220205.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 1, 2024

 

Petition for Grant of Review Denied

 

No. 24-0161/AR. U.S. v. Carlos D. Locke. CCA 20220447.

 

Mandate Issued

 

No. 23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089.



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