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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