UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 31, 2024

 

Interlocutory Order

 

No. 23-0233/NA. In re B.M., Appellant v. United States, Appellee and Dominic R. Bailey, Real Party In Interest. CCA 202300050. Appellee's motion to clarify position in response to oral argument questions is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 30, 2024

 

Petition for Grant of Review Filed

 

No. 24-0084/AR. U.S. v. Daquan J. Rouson. CCA 20220319.

 

Petitions for Grant of Review Denied

 

No. 24-0018/AF. U.S. v. Domingo J. Cabuhat, Jr. CCA 40191.

No. 24-0039/AR. U.S. v. Jamel L. Brown. CCA 20220627.

No. 24-0040/AR. U.S. v. Jeremy T. Dunn. CCA 20210428.

No. 24-0042/AR. U.S. v. Bradley E. Rathbun. CCA 20220467.

No. 24-0057/AR. U.S. v. Scott K. DavisNoble. CCA 20230093.

 

Miscellaneous Docket - Filing

 

No. 24-0083/NA. Charles W. Buttigieg, Appellant v. United States, Appellee. CCA 202000272. Notice is given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 29, 2024

 

Petitions for Grant of Review Denied

 

No. 24-0020/MC. U.S. v. Justin T. Ellard. CCA 202200051.

No. 24-0056/AR. U.S. v. Daniel G. Hoch. CCA 20230146.

No. 24-0058/AR. U.S. v. Blake R. Paulson. CCA 20220423.

No. 24-0061/AR. U.S v. Jan L. CottoReyes. CCA 20220604.

No. 24-0066/AF. U.S. v. Joshua M. Dugan. CCA 40320.

No. 24-0070/MC. U.S v. Olivia L. Grey. CCA 202300077.

 

Miscellaneous Docket - Summary Disposition

 

No. 24-0033/AF. Gregory P. Banker, Appellant v. United States. CCA 2022-01. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is denied.

 

Interlocutory Order

 

No. 23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222. Appellant's motion to extend time to file a reply brief is granted to February 9, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 26, 2024

 

Petition for Grant of Review Filed

 

No. 24-0082/AR. U.S. v. Daniel R. Ortizolivo. CCA 20230042.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 25, 2024

 

Petition for Grant of Review Filed

 

No. 24-0081/AR. U.S. v. Jay Alveloroman. CCA 20220621.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 24, 2024

 

Order Granting Petition for Review

 

No. 24-0015/AR. U.S. v. Jaheemee J. Williams. CCA 20230048. 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 issues:

 

I. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS JURISDICTION TO REVIEW THE MODIFICATION TO THE JUDGMENT OF THE COURT MADE BY THE ARMY COURT IN CHANGING BLOCK 32 (HAS THE ACCUSED BEEN CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE (18 U.S.C. 922(g)(9)?) FROM "NO" AS ENTERED BY THE MILITARY JUDGE IN THE JUDGMENT OF THE COURT BACK TO THE ORIGINAL "YES" IN THE STATEMENT OF TRIAL RESULTS.

 

II. WHETHER THE ARMY COURT ERRED BY ASSERTING THAT APPELLANT HAS A QUALIFYING CONVICTION UNDER 18 U.S.C. 922(g)(9).

 

Appellant will file a brief on or before 23 February, 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. 23-0213/AR. U.S. v. Robert M. Baba. CCA 20210199. Appellant's motion for leave to file a petition for reconsideration out of time is denied.

 

No. 23-0249/AR. U.S. v. David W. Carter, Jr. CCA 20200445. Appellant's motion to suspend the Rules to file a petition for reconsideration out of time is denied.

 

No. 24-0080/AF. U.S. v. John F. Stafford III. CCA 40131. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 13, 2024.

 

Hearings

 

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

No. 23-0207/AF. U.S. v. Samuel H. Smith. CCA 40202.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 23, 2024

 

Petitions for Grant of Review Filed

 

No. 24-0079/MC. U.S. v. Christopher R. Thomas. CCA 202300169.

No. 24-0080/AF. U.S. v. John F. Stafford III. CCA 40131.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 22, 2024

 

Petitions for Grant of Review Denied

 

No. 23-0215/CG. U.S. v. Mark J. Grijalva. CCA 1482. On consideration of the additional supplement to 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 denied on the issue raised in the additional supplement.

 

No. 24-0016/CG. U.S. v. Dillon R. Sapp. CCA 001-69-23.

No. 24-0045/MC. U.S. v. Jacob R. Long. CCA 202200156.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 18, 2024

 

Petitions for Grant of Review Denied

 

No. 24-0013/AR. U.S. v. Eric L. Thompson. CCA 20220040.

No. 24-0032/MC. U.S. v. Emanuel R. Santoscruz. CCA 202200063.

No. 24-0034/AR. U.S. v. Ismael G. Armentaruiz. CCA 20220610.

 

Miscellaneous Docket - Summary Disposition

 

No. 24-0078/AR. In re Carrera R. Anderson. CCA 20180540. Notice is given that a petition for extraordinary relief was filed on December 4, 2023, and placed on the docket this 18th day of January 2024. On consideration thereof, it is ordered that said petition is dismissed for lack of jurisdiction.

 

Interlocutory Order

 

No. 23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711. On consideration of the motion filed by the victim, K.C., for leave to file an amicus curiae brief out of time, it is ordered that the motion is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 17, 2024

 

Petitions for Grant of Review Filed

 

No. 24-0076/CG. U.S. v. Robert K. Woods. CCA 1481.

No. 24-0077/CG. U.S. v. Dylan C. James. CCA 1485.

 

Interlocutory Orders

 

No. 23-0225/AR. U.S. v. Michael L. Wilson. CCA 20210276. Appellant's motion for leave to allow student representation is granted.

 

No. 24-0068/AR. U.S. v. Dylan L. Griffin. CCA 20220211. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to January 23, 2024.

 

No. 24-0073/AR. U.S. v. Maleik D. Dubose. CCA 20220224. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 6, 2024.

 

No. 24-0074/NA. U.S. v. Cody B. Watlington. CCA 202200076. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 6, 2024.

 

No. 24-0076/CG. U.S. v. Robert K. Woods. CCA 1481. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 6, 2024.

 

No. 24-0077/CG. U.S. v. Dylan C. James. CCA 1485. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 6, 2024.

 

Hearings

 

No. 23-0188/AR. U.S. v. Tryvon M. Jones. CCA 20210503.

No. 23-0225/AR. U.S. v. Michael L. Wilson. CCA 20210276.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 12, 2024

 

Petitions for Grant of Review Filed

 

No. 24-0074/NA. U.S. v. Cody B. Watlington. CCA 202200076.

No. 24-0075/MC. U.S. v. Mason K. Armao. CCA 202200109.

 

Miscellaneous Docket - Summary Disposition

 

No. 24-0035/AR. Sergio A. Reyes-Lesmes, Appellant v. United States, and Commander (Warden) Joint Midwest Regional Confinement Facility, Ex Officio, Fort Leavenworth, Kansas, Appellees. CCA 20230418. On consideration of the writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief, it is ordered that the petition is dismissed for lack of jurisdiction.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 11, 2024

 

Petition for Grant of Review Filed

 

No. 24-0073/AR. U.S. v. Maleik D. Dubose. CCA 20220224.

 

Interlocutory Orders

 

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 consideration of the petition for extraordinary relief in the nature of a writ of mandamus and the motion for stay pending resolution of the petition, it is ordered that the Real Party in Interest will file an answer to the petition on or before January 22, 2024, and the motion is granted pending disposition of the petition.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 10, 2024

 

Petition for Grant of Review Denied

 

No. 24-0031/AR. U.S. v. Alberto Esparza. CCA 20220375.

 

Order Granting Petition for Review

 

No. 23-0239/NA. U.S. v. Rodney D. Harvey. CCA 202200040. 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 hereby granted on the following issue:

 

DID THE LOWER COURT ERRONEOUSLY INTERPRET AND APPLY THE AMENDED FACTUAL SUFFICIENCY STANDARD UNDER ARTICLE 66(d)(1)(b), UCMJ?

 

Appellant will file a brief on or before February 9, 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. 22-0249/CG. U.S. v. Fernando M. Brown. CCA 001-69-21. On consideration of Rule 43A, Rule of Practice and Procedure, it is ordered that the mandate in the above-captioned case be issued forthwith.

 

No. 23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. On consideration of Appellee's motion to extend time to file a brief, it is ordered that the motion is hereby granted to February 13, 2024.

 

No. 23-0225/AR. U.S. v. Michael L. Wilson. CCA 20210276. On consideration of Appellee's motion for leave to file a third supplemental joint appendix, it is ordered that the motion is hereby granted.

 

Mandate Issued

 

No. 22-0249/CG. U.S. v. Fernando M. Brown. CCA 001-69-21.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 8, 2024

 

Petition for Grant of Review Denied

 

No. 23-0246/AR. U.S. v. Neil D. Pulver. CCA 20210670. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals and the petition for new trial, it is ordered that the petition for grant of review and the petition for new trial be, and the same are denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 5, 2024

 

Petition for Grant of Review Filed

 

No. 24-0072/NA. U.S. v. Christopher W. Walls. CCA 202300120.

 

Petitions for Grant of Review Denied

 

No. 23-0259/AR. U.S. v. Suguru L. Saito. CCA 20220501.

No. 24-0021/AR. U.S. v. Phillip A. Floyd. CCA 20220258.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 4, 2024

 

Miscellaneous Docket - Summary Dispositions

 

No. 24-0048/AR. Robert L. Barnett v. U.S. CCA 20190709. On consideration of the writ-appeal petition and Appellant's motion to file a supplemental brief, it is ordered that the petition is hereby dismissed for lack of jurisdiction; and that the motion is denied as moot.

 

No. 24-0050/AR. Rene D. Alfaro v. Judges of the CCA. CCA 20220282. Petitioner has filed a petition for extraordinary relief in the nature of a writ of mandamus and a writ of prohibition. He asks this Court to issue a writ of mandamus directing the United States Army Court of Criminal Appeals to permit military appellate defense counsel to transmit sealed materials in the record of trial with the exception of Item Y to his civilian appellate defense counsel, who now lives in Israel. He also asks this Court to issue a writ of prohibition ordering the same court not to enforce Army Court of Criminal Appeals Rule 6.9 in any matter before that court.

 

This Court previously issued a writ of mandamus, except for Item Y, providing for access to the sealed materials. Alfaro v. Judges of United States Army Court of Criminal Appeals, No. 23-0258/AR (C.A.A.F. Oct. 24, 2023)(sum. disp.). Next, Petitioner moved the lower court for an order to copy and transmit the sealed items to his civilian counsel. CCA Motion for Leave to Transmit Sealed Materials of 22 Nov 2023. The lower court summarily denied the motion.

 

Petitioner subsequently submitted his most recent writ petition to this Court seeking enforcement of the writ of mandamus. This Court responded by issuing an order to the government to answer the petition and to show cause why a military appellate defense counsel has not been detailed to represent Petitioner. Alfaro v. Judges of United States Army Court of Criminal Appeals, No. 24-0050/AR (C.A.A.F. Dec. 18, 2023)(order).

In response to that order, Respondent has filed an answer. On consideration of all pleadings of record, we note that military appellate defense counsel has been detailed to represent Petitioner before the lower court. We further note that technological means exist whereby the sealed materials may be securely transmitted or shared virtually with civilian appellate defense counsel.

 

Accordingly, it is ordered that the petition for a writ of mandamus is granted.

 

Without further delay, the lower court shall permit and facilitate the military counsel to securely transmit or virtually share the sealed materials except for Item Y with civilian counsel.

 

The petition for a writ of prohibition as to A.C.C.A. R. 6.9 is denied without prejudice to Petitioner's right to raise the matters asserted during the course of normal appellate review.

 

Interlocutory Orders

 

No. 23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. On consideration of Appellant's motion to extend time to file a reply brief, it is ordered that the motion is hereby granted to January 12, 2024.

 

No. 23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222. On consideration of Appellee's motion to extend time to file a brief, it is ordered that the motion is hereby granted to January 23, 2024.

 

No. 23-0246/AR. U.S. v. Neil D. Pulver. CCA 20210670. On consideration of Appellant's motion to attach and motion to attach documents under seal, it is ordered that the motions are hereby granted.

 

No. 24-0055/MC. U.S. v. Stephen Hernandezvalero. CCA 202200083. 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 January 12, 2024.

 

No. 24-0071/AF. U.S. v. Devontaye T. Harden. CCA 40329. 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 hereby granted to January 24, 2024.

 

Petition for Reconsideration Denied

 

No. 23-0232/AR. U.S. v. Lesly J. Lindor. CCA 20210520. On consideration of Appellant's petition for reconsideration of this Court's order issued November 28, 2023, it is ordered that the petition is hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 3, 2024

 

Petition for Reconsideration Granted

 

No. 22-0249/CG. U.S. v. Fernando M. Brown. CCA 001-69-21. On consideration of Appellant's petition for reconsideration, it is ordered upon consideration of Appellant's petition for reconsideration of this Court's opinion issued on October 23, 2023, United States v. Brown, __ M.J. __, (C.A.A.F. Oct. 23, 2023), that the petition for reconsideration is granted in part and denied in part, that the Court's judgment is vacated, and that no additional filings are authorized. Further action on the case shall be held in abeyance pending a new decision issued by the Court.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 2, 2024

 

Petition for Grant of Review Filed

 

No. 24-0071/AF. U.S. v. Devontaye T. Harden. CCA 40329.



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