UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 30, 2024

 

Miscellaneous Docket - Filing

 

No. 24-0168/AR. In re Kevin P. Newton, Petitioner. Notice is given that a petition for extraordinary relief in the nature of writ of mandamus was filed under Rule 27(a) on this date.

 

Interlocutory Orders

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellant's motion to extend time to file the supplement to the petition for grant of review, is granted to June 10, 2024.

 

No. 24-0167/AF. U.S. v. Jason M. Blackburn. CCA 40303. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 20, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 29, 2024

 

Petition for Grant of Review Filed

 

No. 24-0167/AF. U.S. v. Jason M. Blackburn. CCA 40303.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 28, 2024

 

Mandates Issued

 

No. 23-0021/NA. U.S. v. Nixon Keago. CCA 202100008.

No. 23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 23, 2024

 

Petitions for Grant of Review Filed

 

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 22, 2024

 

Interlocutory Orders

 

No. 24-0125/NA. U.S. v. Jeremy W. Harborth. CCA 202200157. Appellant's second motion to extend time to file a brief is granted up to and including June 13, 2024.

 

No. 24-0159/AR. U.S. v. Adalberto Brinkman-Coronel. CCA 20220225. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 11, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 20, 2024

 

Petitions for Grant of Review Filed

 

No. 24-0159/AR. U.S. v. Adalberto Brinkman-Coronel. CCA 20220225.

No. 24-0160/AR. U.S. v. Jesus A. Lopez. CCA 20230055.

No. 24-0161/AR. U.S. v. Carlos D. Locke. CCA 20220447.

No. 24-0162/AR. U.S. v. Martin Turrubiates, Jr. CCA 20220131.

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

 

Petition for Grant of Review Denied

 

No. 24-0097/AR. U.S. v. Jamel I. Walker. CCA 20220125.

 

Interlocutory Orders

 

No. 24-0153/AR. U.S. v. Darren M. Gale. CCA 20230142. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 10, 2024.

 

No. 24-0154/NA. U.S. v. Emerson A. Ovando. CCA 202200236. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 10, 2024.

 

No. 24-0157/AR. U.S. v. Andre X. Tate. CCA 20200590. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 10, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 17, 2024

 

Petition for Grant of Review Filed

 

No. 24-0158/MC. U.S. v. Dominic L. Ruiz. CCA 202300007.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 16, 2024

 

Petition for Grant of Review Filed

 

No. 24-0157/AR. U.S. v. Andre X. Tate. CCA 20200590.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 15, 2024

 

Certificate for Review Filed

 

No. 24-0156/AR. U.S. v. Ross E. Downum. CCA 20220575. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

 

I. WHETHER THE ARMY COURT ERRED IN CONDUCTING ITS LEGAL SUFFICIENCY ANALYSIS WHEN IT HELD THAT UNITED STATES V. CAMPBELL, 50 M.J. 154, 160 (C.A.A.F. 1999), REQUIRES NOT ONLY EXPERT TESTIMONY INTERPRETING URINALYSIS RESULTS BUT THE ADMISSION OF THE UNDERLYING PAPER URINALYSIS RESULTS AS WELL.

 

II. WHETHER THE ARMY COURT ERRED WHEN IT HELD THAT UNOBJECTED TO EXPERT TESTIMONY INTERPRETING THE URINALYSIS RESULTS LACKED RELEVANCE WITHOUT THE ADMISSION OF THE PAPER URINALYSIS RESULTS.

 

III. WHETHER THE ARMY COURT FAILED TO CONDUCT A PROPER FACTUAL SUFFICIENCY ANALYSIS UNDER ARTICLE 66(d)(1)(B).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 14, 2024

 

Petitions for Grant of Review Filed

 

No. 24-0153/AR. U.S. v. Darren M. Gale. CCA 20230142.

No. 24-0154/NA. U.S. v. Emerson A. Ovando. CCA 202200236.

No. 24-0155/AR. U.S. v. Dalton C. Clark. CCA 20220541.

 

Petition for Grant of Review Denied

 

No. 24-0065/AR. U.S v. Zackary R. Gillis. CCA 20220418.

 

Certificate for Review Filed

 

No. 24-0152/AR. United States, Appellant, v. Tayron D. Davis, Appellee. CCA 20220272. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

 

I. WHETHER THE ARMY COURT ERRED IN FINDING THE REASSIGNMENT OF APPELLANT'S CASE RESULTED IN STRUCTURAL ERROR.

 

II. WHETHER THE ARMY COURT ERRED IN FINDING THE REASSIGNMENT OF APPELLANT'S CASE RESULTED IN PREJUDICE AND THUS DISMISSING THE CASE WITH PREJUDICE.

 

Interlocutory Order

 

No. 24-0150/AF. U.S. v. Jacob A. Ollison. CCA S32745. Appellant's motion to extend time to file a supplement to the petition for grant of review is granted to June 3, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 13, 2024

 

Petitions for Grant of Review Filed

 

No. 24-0147/AR. U.S. v. Ryan C. Thomas. CCA 20210662.

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

No. 24-0149/AR. U.S. v. Justin M. Scott. CCA 20220450.

No. 24-0150/AF. U.S. v. Jacob A. Ollison. CCA S32745.

No. 24-0151/AR. U.S. v. Winslow Stanley, Jr. CCA 20220618.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 9, 2024

 

Petition for Grant of Review Denied

 

No. 24-0109/AF. U.S. v. Tyrion N. Davis. CCA 40370.

 

Interlocutory Orders

 

No. 24-0096/AF. U.S. v. Jaquan Q. Greene-Watson. CCA 40293. Appellant's motion to extend time to file a brief is granted to June 26, 2024.

 

No. 24-0131/AR. U.S. v. Nicholas D. Amador. CCA 20220216. On consideration of Appellant's motion to withdraw the petition for grant of review, it is ordered that the motion is granted, and the petition is withdrawn.

 

No. 24-0143/AF. U.S. v. Philip C. Knodel. CCA 40018. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 29, 2024.

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 29, 2024.

 

No. 24-0146/AF. U.S. v. Leo J. Navarro Aguirre. CCA 40352. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 29, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 8, 2024

 

Petitions for Grant of Review Filed

 

No. 24-0145/AR. U.S. v. Ty B. Robertson, Jr. CCA 20220149.

No. 24-0146/AF. U.S. v. Leo J. Navarro Aguirre. CCA 40352.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 7, 2024

 

Petition for Grant of Review Filed

 

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

 

Orders Granting Petition for Review

 

No. 24-0096/AF. U.S. v. Jaquan Q. Greene-Watson. CCA 40293. 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 issue:

 

WHETHER THE AIR FORCE COURT ERRED IN AFFIRMING THE MILITARY JUDGE'S DECISION TO ADMIT EVIDENCE OF DOMESTIC VIOLENCE OCCURRING 17 MONTHS AFTER THE CHARGED OFFENSE TO SHOW A COMMON SCHEME OR PLAN UNDER MIL. R. EVID. 404(b)—USING A DIFFERENT RATIONALE THAN THE MILITARY JUDGE.

 

Appellant will file a brief on or before June 7, 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.

 

No. 24-0130/AF. U.S. v. Chase J. Stanford. CCA 40327. 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. WHETHER 18 U.S.C. § 922 CAN CONSTITUTIONALLY APPLY TO APPELLANT, WHO STANDS CONVICTED OF NONVIOLENT OFFENSES, WHERE THE GOVERNMENT CANNOT DEMONSTRATE THAT BARRING HIS POSSESSION OF FIREARMS IS "CONSISTENT WITH THE NATION'S HISTORICAL TRADITION OF FIREARM REGULATION" UNDER NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC. v. BRUEN, 597 U.S. 1, 24 (2022).

 

No briefs will be filed under Rule 25.

 

Hearings

 

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

No. 24-0093/MC. U.S. v. Brandon K. Flanner. CCA 202300134.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 6, 2024

 

Petition for Grant of Review Filed

 

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

 

Interlocutory Order

 

No. 23-0245/AF. U.S. v. Ryan Parino-Ramcharan. CCA 40171. On consideration of the motion 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

Friday, May 3, 2024

 

Petition for Grant of Review Filed

 

No. 24-0142/AF. U.S. v. Ervin D. McCoy. CCA 40119.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 2, 2024

 

Petition for Grant of Review Denied

 

No. 24-0120/AR. U.S. v. Chas E. Phillips. CCA 20220233.

 

Miscellaneous Docket - Summary Disposition

 

No. 24-0132/AF. In re Brown, Petitioner.  CCA 2023-07. On consideration of the petition for extraordinary relief in the nature of writ of mandamus, it is ordered that the petition is dismissed for lack of jurisdiction.

 

Interlocutory Order

 

No. 24-0104/AF. U.S. v. Bryce T. Roan. CCA 22033. Appellant's motion to extend time to file a reply to the answer to the supplement to the petition for grant of review is granted to May 13, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 1, 2024

 

Petition for Grant of Review Filed

 

No. 24-0141/AF. U.S. v. Jamieson T. Henderson. CCA 40338.

 

Petition for Grant of Review Denied

 

No. 24-0107/AR. U.S. v. Adam S. Page. CCA 20220644.



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