UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 30, 2024

 

Petitions for Grant of Review Denied

 

No. 24-0112/NA. U.S. v. Christopher R. Johnson. CCA 202200125.

No. 24-0190/AR. U.S. v. Kai J. Chester. CCA 20230251.

No. 24-0192/NA. U.S. v. Jalen R. Harris. CCA 202300256.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 29, 2024

 

Petition for Grant of Review Filed

 

No. 24-0205/AR. U.S. v. Nathaniel R. Stewart. CCA 20230255.

 

Interlocutory Orders

 

No. 24-0139/AR. U.S. v. David P. Van Buren. CCA 20220062. On consideration of the motion filed by Major Matthew S. Fields, for leave to withdraw as appellate defense counsel, it is ordered that the motion is granted.

 

No. 24-0155/AR. U.S. v. Dalton C. Clark. CCA 20220541. On consideration of the motion filed by Major Matthew S. Fields, 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. 24-0156/AR. U.S. v. Ross E. Downum. CCA 20220575. On consideration of the motion filed by Major Matthew S. Fields, for leave to withdraw as appellate defense counsel, it is ordered that the motion is granted.

 

No. 24-0161/AR. U.S. v. Carlos D. Locke. CCA 20220447. On consideration of the motion filed by Major Matthew S. Fields, 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. 24-0172/AR. U.S. v. Rodrigo L. Urieta. CCA 20220432. On consideration of the motion filed by Major Matthew S. Fields, 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. 24-0177/AR. U.S. v. Timothy N. Sharrock. CCA 20230374. On consideration of the motion filed by Major Matthew S. Fields, 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. 24-0178/AR. U.S. v. Jeron K. Edgerton. CCA 20230371. On consideration of the motion filed by Major Matthew S. Fields, 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.

 

Mandate Issued

 

No. 24-0011/MC. U.S. v. Sean M. Swisher. CCA 202100311.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 26, 2024

 

Petition for Grant of Review Filed

 

No. 24-0204/AR. U.S. v. Keith W. Johnson. CCA 20220074.

 

Interlocutory Orders

 

No. 24-0112/NA. U.S. v. Christopher R. Johnson. CCA 202200125. Appellant's motion to file sealed material is granted.

 

No. 24-0179/AR. U.S. v. David J. Rudometkin. CCA 20180058. On consideration of Major Justin Watkins's motion to withdraw as counsel, Appellant's motion for leave to file oversized matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), Mr. Philip Cave's motion to file a motion to withdraw under seal and his motion to withdraw, Appellant's pro se motion to stay all proceedings before this Court, Appellant's third motion to extend time to file the supplement to the petition for grant of review, Appellant's pro se motion for appointment of appellate defense counsel from outside of the U.S. Army, the motion filed by Captain Stephen Millwood and Mr. Jonathan Potter to withdraw as appellate defense counsel, and the fourth motion to extend time to file the supplement to the petition for grant of review, it is noted that Appellant is now represented by Commander Jason Roberts, U.S. Coast Guard, and Captain Colin Norton, U.S. Marine Corps. Accordingly, it is ordered that the motion to withdraw as counsel submitted by Major Watkins is granted; that the motion to file a motion to withdraw under seal and the motion to withdraw submitted by Mr. Cave are granted; that the motion to withdraw as appellate defense counsel submitted by Captain Millwood and Mr. Potter is granted; that, in view of the appointment of Commander Roberts and Captain Norton, the pro se motion to appoint counsel is denied as moot; that, in view of the fourth motion to extend time to file the supplement, the third motion to extend time to file the supplement is denied as moot; that the motion for leave to file oversized Grostefon matters is denied without prejudice to refiling with the supplement; that the motion to stay proceedings is denied as moot; and that the fourth motion to extend time to file the supplement is granted until November 20, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 25, 2024

 

Petition for Grant of Review Denied

 

No. 24-0187/MC. U.S. v. Jackson W. Luke. CCA 202300327.

 

Interlocutory Order

 

No. 24-0137/AR. U.S. v. Matthew P. White. CCA 20210676. On consideration of the motion filed by Major Tumentugs D. Armstrong, 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.

 

Petition for Reconsideration Denied

 

No. 23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089. Appellant's petition for reconsideration of the decision issued by the Court, __ MJ. __ (C.A.A.F. 2024), is denied. 

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 22, 2024

 

Interlocutory Order

 

No. 24-0180/AR. U.S. v. Jade W. Johnson. CCA 20220117. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted, but only up to and including August 7, 2024, and no further extensions of time will be granted in this case.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 19, 2024

 

Petitions for Grant of Review Denied

 

No. 24-0119/AR. U.S. v. Wyatt K. Harbaugh. CCA 20220527.

No. 24-0133/NA. U.S. v. Austin M. Longshore. CCA 202200177.

No. 24-0181/AR. U.S. v. Israel D. Castillo. CCA 20230296.

 

Order Granting Petition for Review

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. 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 issues:

 

I. DID THE LOWER COURT FAIL TO COMPLY WITH THIS COURT'S REMAND ORDER?

 

II. DID APPELLANT SUFFER PREJUDICE FROM THE MILITARY JUDGE'S ERRONEOUS CONTINUANCE DENIAL?

 

Appellant will file a brief on or before August 19, 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 Order

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellant's motion for leave to file the supplement to the petition for grant of review under seal is granted.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 18, 2024

 

Petition for Grant of Review Filed

 

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

 

Order Granting Petition for Review

 

No. 24-0124/NA. United States, Appellee/Cross-Appellant v. Jeremy W. Harborth, Appellant/Cross-Appellee. CCA 202200157. On consideration of Appellant/Cross-Appellee's petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, and the Judge Advocate General's Certificate for Review, it is ordered that said petition is granted on the following issue:

 

WAS THE TRIAL DEFENSE COUNSEL INEFFECTIVE BY NOT SEEKING SUPPRESSION OF ALL EVIDENCE DERIVED FROM THE UNLAWFUL SEIZURE OF CHIEF HARBORTH'S PROPERTY?

 

Appellant/Cross-Appellee will file a brief on or before August 19, 2024, which shall address all of the issues included in the Certificate as well as the granted issue, and that Appellee/Cross-Appellant may file a reply brief no later than 10 days after the filing of Appellant/Cross-Appellee's brief.

 

Interlocutory Order

 

No. 24-0085/AF. U.S. v. Jeremy M. Zier. CCA 21014. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals and the motion to strike, it is ordered that said petition is denied, and the motion is denied as moot.

 

Mandate Issued

 

No. 23-0245/AF. U.S. v. Ryan Parino-Ramcharan. CCA 40171.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 15, 2024

 

Interlocutory Order

 

No. 24-0170/AR. U.S. v. Simon L. Cantu. CCA 20220655. On consideration of the motion filed by Major Tumentugs D. Armstrong, 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 motion is granted.

 

Mandate Issued

 

No. 23-0215/CG. U.S. v. Mark J. Grijalva. CCA 1482.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 12, 2024

 

Petitions for Grant of Review Filed

 

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

No. 24-0202/AR. U.S. v. Erick R. Felix. CCA 20220558.

 

Petitions for Grant of Review Denied

 

No. 24-0129/AR. U.S. v. Anthony C. Ojeda. CCA 20230065.

No. 24-0148/AR. U.S. v. Derron R. Dillon. CCA 20230035.

No. 24-0163/AR. U.S. v. Sergio A. Aragon. CCA 20230111.

No. 24-0166/AR. U.S. v. Nathaniel A. Nelson. CCA 20220302.

No. 24-0174/AR. U.S. v. Andrew R. Taylor. CCA 20220525.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 11, 2024

 

Petition for Grant of Review Filed

 

No. 24-0200/AR. U.S. v. Brad S. Barlow. CCA 20230380.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 10, 2024

 

Interlocutory Orders

 

No. 24-0159/AR. U.S. v. Adalberto Brinkman-Coronel. CCA 20220225. The motion filed by Major Justin L. Watkins for leave to withdraw as appellate defense counsel is granted.

 

No. 24-0171/AR. U.S. v. Sean M. Garrad. CCA 20220352. The motion filed by Major Justin L. Watkins for leave to withdraw as appellate defense counsel is granted.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 8, 2024

 

Petition for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

No. 24-0165/AR. U.S. v. Herman A. Moranvelasquez. CCA 20230451.

No. 24-0169/AR. U.S. v. Julius S. Martinez. CCA 20230249.

 

Order Granting Petition for Review

 

No. 24-0106/AF. U.S. v. DeQuayjan D. Jackson. CCA 40310. 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 SHE WAS NOT CONVICTED OF A VIOLENT OFFENSE. (QUOTING NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC. v. BRUEN, 597 U.S. 1, 24 (2022).

 

No briefs will be filed under Rule 25.

 

Interlocutory Order

 

No. 24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302. Appellant's motion to extend time to file a brief is granted to July 22, 2024.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 3, 2024

 

Petition for Grant of Review Filed

 

No. 24-0198/MC. U.S. v. Austin M. Cunningham. CCA 202200263.

 

Interlocutory Orders

 

No. 24-0180/AR. U.S. v. Jade W. Johnson. CCA 20220117. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to July 23, 2024.

 

No. 24-0184/AR. U.S. v. Trevon K. Coley. CCA 20220231. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to July 23, 2024.

 

No. 24-0198/MC. U.S. v. Austin M. Cunningham. CCA 202200263. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 23, 2024.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 2, 2024

 

Petition for Grant of Review Filed

 

No. 24-0197/AF. U.S. v. Mario D. Moore. CCA 40423.

 

Petition for Grant of Review Denied

 

No. 24-0143/AF. U.S. v. Philip C. Knodel. CCA 40018.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 1, 2024

 

Petition for Grant of Review Filed

 

No. 24-0196/NA. U.S. v. Edmond A. Maebane III. CCA 202200228.

 

Interlocutory Orders

 

No. 24-0152/AR. U.S. v. Tayron D. Davis. CCA 20220272. Appellant's motion to amend the certificate for review is held in abeyance pending this Court's resolution of the motion to amend the certificate for review in United States v. Downum, 24-0156/AR (C.A.A.F. May 22, 2024).

 

No. 24-0179/AR. U.S. v. David J. Rudometkin. CCA 20180058. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to July 23, 2024.

 

No. 24-0185/AR. U.S. v. Jonathan M. Hernandez. CCA 20210429. Appellant's motion for leave to allow student representation is granted.

 

No. 24-0193/NA. U.S. v. Dean Avellaneda. CCA 202300116. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 22, 2024.

 

No. 24-0195/MC. U.S. v. Hleb Kukharau. CCA 202300062. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 22, 2024.

 

No. 24-0196/NA. U.S. v. Edmond A. Maebane III. CCA 202200228. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 22, 2024.

 

Mandate Issued

 

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



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