UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, June 28, 2024
Petition for Grant of Review Filed
No.
24-0195/MC. U.S. v. Hleb Kukharau. CCA 202300062.
Interlocutory Orders
No.
24-0125/NA. U.S. v. Jeremy W. Harborth. CCA 202200157. Appellee's motion to
stay the briefing is granted; the briefing schedule is stayed until further
order of the Court. Appellant's motion to extend the time to file a brief is
denied as moot.
No.
24-0143/AF. U.S. v. Philip C. Knodel. CCA 40018. The motion filed by M.B. for
leave to file an amicus curiae brief is granted.
No.
24-0143/AF. U.S. v. Philip C. Knodel. CCA 40018. Appellant's motion for leave
to file Appendix I to 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, June 27, 2024
Petitions for Grant of Review Filed
No.
24-0191/AR. U.S. v. Romario R. Lalor. CCA 20230136.
No.
24-0192/NA. U.S. v. Jalen R. Harris. CCA 202300256.
No.
24-0193/NA. U.S. v. Dean Avellaneda. CCA 202300116.
No.
24-0194/NA. U.S. v. Derek J. Hemry. CCA 202300051.
Petitions for Grant of Review Denied
No.
24-0116/AR. U.S. v. Matthew Z. Conner. CCA 202200620.
No.
24-0136/AR. U.S. v. Enrique Castro. CCA 20220560.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 26,
2024
Petitions for Grant of Review Filed
No.
24-0189/AF. U.S. v. Logan A. McLeod. CCA 40374.
No.
24-0190/AR. U.S. v. Kai J. Chester. CCA 20230251.
Interlocutory Order
No.
24-0189/AF. U.S. v. Logan A. McLeod. CCA 40374. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to July 16, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 24, 2024
Petitions for Grant of Review Filed
No.
24-0186/MC. U.S. v. Kyle A. Shelby. CCA 202200213.
No.
24-0187/MC. U.S. v. Jackson W. Luke. CCA 202300327.
No.
24-0188/AR. U.S. v. Denys A. Chacon. CCA 20230370.
Interlocutory Orders
No.
24-0185/AR. U.S. v. Jonathan M. Hernandez. CCA 20210429. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to July 15, 2024.
No.
24-0186/MC. U.S. v. Kyle A. Shelby. CCA 202200213. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
July 15, 2024.
Petition for Reconsideration Denied
No.
23-0225/AR. U.S. v. Michael L. Wilson. CCA 20210276. Appellant's petition for
reconsideration of the decision issued by the Court, _M.J._(C.A.A.F.), is
denied.
Mandate Issued
No.
23-0162/AF. U.S. v. Kristopher D. Cole. CCA 40189.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, June 21, 2024
Petition for Grant of Review Filed
No.
24-0185/AR. U.S. v. Jonathan M. Hernandez. CCA 20210429.
Petitions for Grant of Review Denied
No.
24-0127/AF. U.S. v. Joel T. Bickford. CCA 40326.
No.
24-0141/AF. U.S. v. Jamieson T. Henderson. CCA 40338.
No.
24-0160/AR. U.S. v. Jesus A. Lopez. CCA 20230055.
No.
24-0162/AR. U.S. v. Martin Turrubiates, Jr. CCA 20220131.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, June 18, 2024
Interlocutory Order
No.
24-0141/AF. U.S. v. Jamieson T. Henderson. CCA 40338. Appellant's motion for
leave to file Appendix B of the supplement to the petition for grant of review
under seal is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 17, 2024
Miscellaneous Docket - Summary
Disposition
No.
24-0164/AR. In re Ramsey. Notice is given that several letters presenting a variety
of pro se requests were received on May 13, 17, 20, 22, and 29, 2024, and June
4, 2024, and placed on the docket this date. Petitioner's court-martial is
final for all purposes, and this Court therefore lacks jurisdiction to hear his
requests. We also note that the Petitioner has repeatedly burdened this Court
with various filings over the last 26 years. On consideration thereof, it is
ordered that said request is dismissed for lack of jurisdiction, and absent
extraordinary circumstances, further filings in this Court will be viewed with
disfavor.
Interlocutory Orders
No.
24-0179/AR. U.S. v. David J. Rudometkin. CCA 20180058. Appellant's motion to
extend time to file the supplement to the petition for grant of
review is granted to July 8, 2024.
No.
24-0180/AR. U.S. v. Jade W. Johnson. CCA 20220117. Appellant's motion to
extend time to file the supplement to the petition for grant of
review is granted to July 8, 2024.
No.
24-0184/AR. U.S. v. Trevon K. Coley. CCA 20220231. Appellant's motion to
extend time to file the supplement to the petition for grant of
review is granted to July 8, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, June 14, 2024
Petitions for Grant of Review Filed
No.
24-0179/AR. U.S. v. David J. Rudometkin. CCA 20180058.
No.
24-0180/AR. U.S. v. Jade W. Johnson. CCA 20220117.
No.
24-0181/AR. U.S. v. Israel D. Castillo. CCA 20230296.
No.
24-0182/AF. U.S. v. Tayari S. Vanzant. CCA 22004.
No.
24-0183/AF. U.S. v. Jennesis v. Dominguez-Garcia. CCA S32694.
No.
24-0184/AR. U.S. v. Trevon K. Coley. CCA 20220231.
Petitions for Grant of Review Denied
No.
24-0105/AR. U.S. v. Matthew H. Dine. CCA 20220269.
No.
24-0151/AR. U.S. v. Winslow Stanley, Jr. CCA 20220618.
Order Granting Petition for Review
No.
24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302. 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 ARTICLE 120(b)(2) AND (g)(7), UNIFORM CODE OF MILITARY JUSTICE, 10
U.S.C. §§ 920(b)(2) AND (g)(7), ARE UNCONSTITUTIONALLY VAGUE BECAUSE THEY FAIL
TO PUT DEFENDANTS ON FAIR NOTICE OF THE SPECIFIC CHARGE AGAINST THEM.
II.
AS APPLIED, WHETHER ARTICLE 120(b)(2) AND (g)(7), UNIFORM CODE OF MILITARY
JUSTICE, 10 U.S.C. §§ 920(b)(2) AND (g)(7), GAVE APPELLANT CONSTITUTIONAL FAIR
NOTICE WHEN THE MILITARY JUDGE DENIED DEFENSE COUNSEL'S REQUEST FOR A TAILORED
JURY INSTRUCTION.
III.
WHETHER APPELLANT'S CONVICTION FOR SEXUAL ASSAULT WITHOUT CONSENT WAS LEGALLY
SUFFICIENT.
IV.
IN A SEXUAL ASSAULT TRIAL, DID THE MILITARY JUDGE ABUSE HIS DISCRETION WHEN HE
DENIED THE ACCUSED'S CHALLENGE FOR ACTUAL AND IMPLIED BIAS FOR A MEMBER WHOSE
WIFE HAD BEEN RAPED.
V.
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.
VI.
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 HE WAS NOT CONVICTED OF A
VIOLENT OFFENSE. (quoting New York State Rifle & Pistol Association, Inc.
v. Bruen, 597 U.S. 1, 24 (2022)).
On
or before 15 July 2024, Appellant will file a brief on Issues I through IV
only; 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.
24-0156/AR. U.S. v. Ross E. Downum. CCA 20220575. On consideration of
Appellant's motion to amend the certificate for review, Appellee's answer, and
Appellant's reply, it is ordered that Appellant shall, within 14 days of the
date of this order, file a supplemental brief addressing the following issues
specified by the Court:
(1)
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?
(2)
How may the Judge Advocate General demonstrate compliance with the notification
requirements?
(3)
Is non-compliance with the notification requirements a jurisdictional error?
(4)
If non-compliance with the notification requirements is not a jurisdictional
error, what are the consequences of non-compliance?
Appellee
will file a supplemental answer within 14 days after the filing of Appellant's
supplemental brief. Appellant may file a supplemental reply within 3 days after
the filing of Appellant's supplemental answer. Absent extraordinary
circumstances, no extensions of time will be granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, June 13, 2024
Petitions for Grant of Review Filed
No.
24-0177/AR. U.S. v. Timothy N. Sharrock. CCA 20230374.
No.
24-0178/AR. U.S. v. Jeron K. Edgerton. CCA 20230371.
Order Granting Petition for Review
No.
24-0122/AR. U.S. v. Matthew L. Coe. CCA 20220052. 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 IS LEGALLY SUFFICIENT BASED ON THE LOWER COURT'S
STATUTORY INTERPRETATION OF ARTICLE 120(b)(2)(A).
No
briefs will be filed under Rule 25.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 12,
2024
Petition for Grant of Review Filed
No.
24-0176/AR. U.S. v. Noe A. RodriguezMorones. CCA 20230274.
Petition for Grant of Review Denied
No.
24-0110/AR. U.S. v. Jeron M. Jarrett. CCA 20220523.
Mandate Issued
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, June 11, 2024
Petitions for Grant of Review Filed
No.
24-0174/AR. U.S. v. Andrew R. Taylor. CCA 20220525.
No.
24-0175/AF. U.S. v. Daniel R. Csiti. CCA 40386.
Petition for Grant of Review Denied
No.
24-0145/AR. U.S. v. Ty B. Robertson, Jr. CCA 20220149.
Interlocutory Order
No.
24-0173/NA. U.S. v. Kevin C. McNulty. CCA 202300070. Appellant's motion to
extend time to file a supplement to the petition for
grant of review is granted to July 1, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 10, 2024
Petitions for Grant of Review Filed
No.
24-0172/AR. U.S. v. Rodrigo L. Urieta. CCA 20220432.
No.
24-0173/NA. U.S. v. Kevin C. McNulty. CCA 202300070.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, June 6, 2024
Order Granting Petition for Review
No.
24-0098/AF. U.S. v. Thomas M. Saul. CCA 40341. 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 A GUILTY PLEA FOR WILLFUL DESTRUCTION OF PROPERTY UNDER ARTICLE 109,
UCMJ, CAN BE PROVIDENT WHEN APPELLANT THRICE TOLD THE MILITARY JUDGE THAT HE
"DID NOT INTEND TO DAMAGE THE [PROPERTY]" AND THAT HE WAS SURPRISED THERE WAS
ACTUAL DAMAGE.
II.
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.
III.
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 REGULATIONS" WHEN HE WAS NOT CONVICTED OF A
VIOLENT OFFENSE. (quoting New York State Rifle & Pistol Association,
Inc. v. Bruen, 597 U.S. 1, 24 (2022)).
On
or before July 8, 2024, Appellant will file a brief on Issue I only; 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.
Mandate Issued
No.
23-0223/AF. U.S. v. Jeremy J. Stradtmann. CCA 40237.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 5, 2024
Petitions for Grant of Review Denied
No.
24-0090/MC. U.S. v. Emmanuel Nina. CCA 202200255.
No.
24-0091/AR. U.S. v. Jonathan Marin. CCA 20210375.
No.
24-0128/AR. U.S. v. Monteo D. Brooks. CCA 20220653.
Petition for Reconsideration Denied
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. 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
Tuesday, June 4, 2024
Petitions for Grant of Review Denied
No.
24-0092/AR. U.S. v. Daniel D. Herman. CCA 20220248.
No.
24-0140/AF. U.S. v. Michael B. Kight. CCA 40337.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 3, 2024
Petitions for Grant of Review Filed
No.
24-0169/AR. U.S. v. Julius S. Martinez. CCA 20230249.
No.
24-0170/AR. U.S. v. Simon L. Cantu. CCA 20220655.
No.
24-0171/AR. U.S. v. Sean M. Garrad. CCA 20220353.
Interlocutory Orders
No.
24-0011/MC. U.S. v. Sean M. Swisher. CCA 202100311. On consideration of the
motion filed by Lieutenant Colonel Matthew E. Neely for leave to withdraw as
appellate defense counsel, it is ordered that the motion is granted.
No.
24-0117/AR. U.S. v. Thomas M. Adams. CCA 20130693. Appellant's motion to submit
matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A.
1982), is granted.
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