UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, February 29,
2024
Petition for Grant of Review Filed
No.
24-0100/AF. U.S. v. Everett W. Emerson. CCA 40297.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, February 27,
2024
Interlocutory Orders
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. Appellant's motion to file a
reply brief under seal is granted.
No.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. On consideration of the
motion filed by "Wouldyou.Care" for leave to file out
of time and motion for leave to file an amicus curiae brief in support of Appellant, it is ordered that the motion is denied.
Hearing
No.
23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, February 26,
2024
Petition for Grant of Review Filed
No.
24-0099/MC. U.S. v. Isaiah M. Perez. CCA 202300198.
Petitions for Grant of Review Denied
No.
24-0047/AF. U.S. v. Yasmeen M. Lake. CCA 40168.
No.
24-0059/AR. U.S. v. Noah P. Smith. CCA 20220522.
No.
24-0068/AR. U.S. v. Dylan L. Griffin. CCA 20220211.
No.
24-0071/AF. U.S. v. Devontaye T. Harden. CCA 40329.
No.
24-0079/MC. U.S. v. Christopher R. Thomas. CCA 202300169.
Interlocutory Orders
No.
24-0011/MC. U.S. v. Sean M. Swisher. CCA 202100311. Appellee's motion to extend
time to file a brief is granted to March 18, 2024.
No.
24-0098/AF. U.S. v. Thomas M. Saul. CCA 40341. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 18, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, February 23,
2024
Petition for Grant of Review Filed
No.
24-0098/AF. U.S. v. Thomas M. Saul. CCA 40341.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, February 22,
2024
Order Granting Petition for Review
No.
24-0069/AF. U.S. v. Bradley D. Lampkins. CCA 40135. 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 issues:
I.
WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS
JURISDICTION TO DIRECT MODIFICATION OF THE 18 U.S.C. § 922 PROHIBITION NOTED ON
THE STAFF JUDGE ADVOCATE'S INDORSEMENT TO THE ENTRY OF JUDGMENT.
II.
AS APPLIED TO APPELLANT, WHETHER THE GOVERNMENT CAN PROVE 18 U.S.C. § 922 IS
CONSTITUTIONAL BY "DEMONSTRATING THAT IT IS CONSISTENT WITH THE NATION'S
HISTORICAL TRADITION OF FIREARM REGULATION" WHEN APPELLANT WAS NOT CONVICTED OF
A VIOLENT OFFENSE. (quoting New York State Rifle & Pistol Association,
Inc. v. Bruen, 142 S. Ct. 2111, 2130 (2022)).
No
briefs will be filed under Rule 25
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, February 21,
2024
Petition for Grant of Review Denied
No.
24-0024/AR. U.S. v. Julius N. Batts. CCA 20210559.
Interlocutory Orders
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. On consideration of
Appellant's motion for sealed oral argument and the government's qualified
consent to said motion, it is ordered that said motion is denied. All parties
will refer to the victim and witnesses by the pseudonyms employed by the United
States Navy-Marine Corps Court of Criminal Appeals if necessary to the
presentation of counsel's oral argument on the assigned issue.
No.
23-0239/NA. U.S. v. Rodney D. Harvey. CCA 202200040. On consideration of the
motion filed by Colonel James A. Young for leave to file an amicus curiae
brief, it is ordered that the motion is granted.
No.
24-0085/AF. U.S. v. Jeremy M. Zier. CCA 21014. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to March 13, 2024.
No.
24-0096/AF. U.S. v. Jaquan Q. Greene-Watson. CCA 40293. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to March 12, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, February 20,
2024
Petitions for Grant of Review Filed
No.
24-0096/AF. U.S. v. Jaquan Q. Greene-Watson. CCA 40293.
No.
24-0097/AR. U.S. v. Jamel I. Walker. CCA 20220125.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, February 16,
2024
Miscellaneous Docket - Summary
Disposition
No.
24-0054/AR. Robert M. Lundsten, Petitioner v. United States Army Court of
Criminal Appeals, Respondent and United States, Real Party In Interest. CCA
20220260.
On further consideration of the petition for extraordinary relief in the nature of a writ of mandamus, we conclude that United
States Army Court of Criminal Appeals Rule of Appellate Procedure 6.9(d)
conflicts with Rule for Courts-Martial 1113 and is therefore unenforceable.
Accordingly, it is ordered that the petition is granted, and the stay of
proceedings granted on January 11, 2024, is lifted.
Order Granting Petition for Review
No.
24-0049/AF. U.S. v. S'hun R. Maymi. CCA 40332. 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 issues:
I.
WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS
JURISDICTION TO DIRECT MODIFICATION OF THE 18 U.S.C. § 922 PROHIBITION NOTED ON
THE STAFF JUDGE ADVOCATE'S INDORSEMENT TO THE ENTRY OF JUDGMENT.
II.
AS APPLIED TO APPELLANT, WHETHER THE GOVERNMENT CAN PROVE 18 U.S.C. § 922 IS
CONSTITUTIONAL BY "DEMONSTRATING THAT IT IS CONSISTENT WITH THE NATION'S
HISTORICAL TRADITION OF FIREARM REGULATION" WHEN APPELLANT WAS NOT CONVICTED OF
A VIOLENT OFFENSE. (quoting New York State Rifle & Pistol Association,
Inc. v. Bruen, 142 S. Ct. 2111, 2130 (2022)).
No
briefs will be filed under Rule 25.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, February 15,
2024
Petitions for Grant of Review Filed
No.
24-0094/AR. U.S. v. Santiago Gutierrez, Jr. CCA 20230004.
No.
24-0095/AR. U.S. v. Jahcorrie G. Nealy. CCA 20230187.
Petitions for Grant of Review Denied
No.
24-0010/AR. U.S. v. Devante L. Owens. CCA 20210643.
No.
24-0028/AF. U.S. v. Daniel O. Gause-Radke. CCA 40343.
No.
24-0041/AR. U.S. v. Timothy M. Tindall. CCA 20220083.
Interlocutory Order
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. Appellee's motion to file
sealed material is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, February 13,
2024
Interlocutory Orders
No.
24-0088/MC. U.S. v. Daniel K. Chege. CCA 202200079. Appellant's motion to
extend time to file a supplement to the petition for
grant of review is granted to March 4, 2024.
No.
24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302. Appellant's motion to
extend time to file a supplement to the petition for
grant of review is granted to March 4, 2024.
No.
24-0090/MC. U.S. v. Emmanuel Nina. CCA 202200255. Appellant's motion to extend time to file a supplement to the petition for grant of
review is granted to March 4, 2024.
No.
24-0091/AR. U.S. v. Jonathan Marin. CCA 20210375. Appellant's motion to extend time to file a supplement to the petition for grant of
review is granted to March 4, 2024.
No.
24-0092/AR. U.S. v. Daniel D. Herman. CCA 20220248. Appellant's motion to
extend time to file a supplement to the petition for
grant of review is granted to March 4, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, February 12,
2024
Petitions for Grant of Review Filed
No.
24-0090/MC. U.S. v. Emmanuel Nina. CCA 202200255.
No.
24-0091/AR. U.S. v. Jonathan Marin. CCA 20210375.
No.
24-0092/AR. U.S. v. Daniel D. Herman. CCA 20220248.
Petitions for Grant of Review Denied
No.
24-0043/AR. U.S. v. Billie R. Collins. CCA 20210555.
No.
24-0075/MC. U.S. v. Mason K. Armao. CCA 202200109.
Certificate for Review Filed
No.
24-0093/MC. United States, Appellant v. Brandon K. Flanner, Appellee. CCA
202300134.
Notice is given that a certificate for review of the decision of the United
States Navy-Marine Corps Court of Criminal Appeals and supporting brief were
filed under Rule 22 on this date on the following issue:
DID
THE MILITARY JUDGE ABUSE HER DISCRETION WHEN SHE SUPPRESSED APPELLEE'S
NON-CUSTODIAL, PRE-PREFERRAL, SELF-SCHEDULED INTERVIEW WITH LAW ENFORCEMENT IN
WHICH APPELLEE WAIVED THE RIGHTS TO COUNSEL AND TO REMAIN SILENT?
Appellee
will file an answer under Rule 22(b) on or before the 13th day of March, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, February 9,
2024
Petitions for Grant of Review Filed
No.
24-0088/MC. U.S. v. Daniel K. Chege. CCA 202200079.
No.
24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, February 8,
2024
Petition for Grant of Review Denied
No.
24-0014/AR. U.S. v. Anthony R. Allred. CCA 20220141.
Interlocutory Order
No.
24-0087/AF. U.S. v. Travis I. Holt. CCA 40390. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
February 28, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, February 7,
2024
Petition for Grant of Review Filed
No.
24-0087/AF. U.S. v. Travis I. Holt. CCA 40390.
Interlocutory Orders
No.
24-0085/AF. U.S. v. Jeremy M. Zier. CCA 21014. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to February 27, 2024.
No.
24-0086/AF. U.S. v. Jordan S. Edwards. CCA 40349. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to February 27, 2024.
Hearings
No.
23-0085/AF. U.S. v. Jonel H. Guihama. CCA 40039.
No.
23-0223/AF. U.S. v. Jeremy J. Stradtmann. CCA 40237.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, February 6,
2024
Hearing
No.
23-0215/CG. U.S. v. Mark J. Grijalva. CCA 1482.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, February 5,
2024
Petitions for Grant of Review Filed
No.
24-0085/AF. U.S. v. Jeremy M. Zier. CCA 21014.
No.
24-0086/AF. U.S. v. Jordan S. Edwards. CCA 40349.
Petitions for Grant of Review Denied
No.
24-0064/AR. United States v. Sam U. Ly. CCA 20220633.
No.
24-0072/NA. U.S. v. Christopher W. Walls. CCA 202300120.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, February 2,
2024
Petitions for Grant of Review Denied
No.
23-0261/AR. U.S. v. Jason J. Geranen. CCA 20210306.
No.
24-0052/AR. U.S. v. Keith J. Lee, Jr. CCA 20220444.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, February 1,
2024
Petition for Grant of Review - Summary
Disposition
No.
24-0063/AR. U.S. v. Justin M. Scott. CCA 20220450. On consideration of
the petition for grant of review of the decision of the United States Army
Court of Criminal Appeals, we note that the opinion of that court fails to
acknowledge that it had considered the issue personally asserted by Appellant
and its disposition, as required by United States v. Grostefon,
12 M.J. 431, 436 (C.M.A. 1982). Under these circumstances, the record must be
returned to the court below so that it may comply with Grostefon.
See United States v. Walker, 36 M.J. 62 (C.M.A. 1992). Accordingly, it
is ordered that said petition is granted on the following issue:
WHETHER
THE ARMY COURT ERRED BY FAILING TO CONSIDER APPELLANT'S ONE MATTER SUBMITTED
PURSUANT TO UNITED STATES v. GROSTEFON, 12 M.J. 431 (C.M.A. 1982).
The
decision of the United States Army Court of Criminal Appeals is set aside. The
record of trial is returned to The Judge Advocate General of the Army for
remand to that court for further review under Article 66, Uniform Code of
Military Justice, 10 U.S.C. § 866 (2018).
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