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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