UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, October 31,
2024
Interlocutory Order
No.
25-0025/AR. U.S. v. Brandon Z. Miller. CCA 20230026. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to November 20, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 29,
2024
Petition for Grant of Review Denied
No.
24-0167/AF. U.S. v. Jason M. Blackburn. CCA 40303.
Appeal — Summary Disposition
No.
24-0122/AR. U.S. v. Matthew L. Coe. CCA 20220052. On further
consideration of the granted issue, __ M.J. __ (C.A.A.F. 2024), and in light of United States v. Mendoza, __ M.J. __
(C.A.A.F. 2024), it is ordered that the decision of the United States Army
Court of Criminal Appeals is set aside. The record is returned to the Judge
Advocate General of the United States Army for remand to the United States Army
Court of Criminal Appeals for a new review under Article 66, 10 U.S.C. § 866,
Uniform Code of Military Justice (Supp. III 2019- 2022).
Order Granting Petition for Review
No.
24-0209/AF. U.S. v. Kaye P. Donley. CCA 40350. 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 GOVERNMENT CAN PROVE THAT 18 U.S.C. § 922 IS CONSTITUTIONAL AS APPLIED TO
APPELLANT.
No
briefs will be filed under C.A.A.F. R. 25.
Interlocutory Order
No.
24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302. On further
consideration of the briefs of the parties on the granted issues, __ M.J. __
(C.A.A.F. 2024), it is ordered that counsel for the parties shall file
supplemental briefs discussing the effect of United States v. Mendoza,
__ M.J. __ (C.A.A.F. 2024) on Issues I, II, and III. The briefs of the parties
shall be filed concurrently within 30 days of the date of this order.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, October 28,
2024
Petitions for Grant of Review Filed
No.
25-0023/AR. U.S. v. Anthony M. Elmore. CCA 20220345.
No.
25-0024/AR. U.S. v. Nathan G. Leese. CCA 20230250.
No.
25-0025/AR. U.S. v. Brandon Z. Miller. CCA 20230026.
Interlocutory Orders
No.
24-0138/MC. U.S. v. Juan I. Campos. CCA 202200246. Appellant's motion to extend
time to file a reply brief is granted to November 8, 2024.
No.
25-0001/AR. U.S. v. Jonathan R. Mizell. CCA 20230479. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to November 12, 2024.
No.
25-0021/AR. U.S. v. Robert M. Lundsten. CCA 20220226. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to November 18, 2024.
No.
25-0022/AR. U.S. v. Andrea Ramirez. CCA 20220354. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to November 18, 2024.
No.
25-0023/AR. U.S. v. Anthony M. Elmore. CCA 20220345. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to November 18, 2024.
No.
25-0024/AR. U.S. v. Nathan G. Leese. CCA 20230250. Appellant's motion to extend
time to file the supplement to the petition for grant
of review is granted to November 18, 2024.
Mandate Issued
No.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, October 25,
2024
Petition for Grant of Review Filed
No.
25-0022/AR. U.S. v. Andrea Ramirez. CCA 20220354.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, October 24,
2024
Petition for Grant of Review Filed
No.
25-0021/AR. U.S. v. Robert M. Lundsten. CCA 20220226.
Petitions for Grant of Review Denied
No.
24-0191/AR. U.S. v. Romario R. Lalor. CCA 20230136.
No.
24-0202/AR. U.S. v. Erick R. Felix. CCA 20220558.
Appeal — Summary Disposition
No.
23-0224/AF. U.S. v. Charles S. Nestor. CCA 40250. On further
consideration of the granted issue, 84 M.J. 138 (C.A.A.F. 2023), and in view of
United States v. Wells, __ M.J. __ (C.A.A.F. 2024), it is ordered that
the decision of the United States Air Force Court of Criminal Appeals is
affirmed.
Interlocutory Order
No.
25-0006/AF. U.S. v. Dontavius A. Bates. CCA ACM S32752. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to November 13, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, October 23,
2024
Petition for Grant of Review Filed
No.
25-0020/MC. U.S. v. Sergio Rocha, Jr. CCA 202300263.
Petitions for Grant of Review Denied
No.
24-0154/NA. U.S. v. Emerson A. Ovando. CCA 202200236.
No.
24-0185/AR. U.S. v. Jonathan M. Hernandez. CCA 20210429.
No.
24-0197/AF. U.S. v. Mario D. Moore. CCA 40423.
No.
24-0231/AR. U.S. v. Lakeeva K. Swint. CCA 20230037.
Interlocutory Orders
No.
24-0196/NA. U.S. v. Edmond A. Maebane III. CCA 202200228. Appellant's motion to
extend time to file a brief is granted to November 12, 2024.
No.
24-0224/AF. U.S. v. Desiree M. Holmes. CCA 2024-1. Appellant's second motion to
extend time to file a reply to the answer to the supplement to the petition for
grant of review is granted to October 29, 2024.
No.
25-0017/AR. U.S. v. Jacob E. Singletary. CCA 20220506. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to November 12, 2024.
No.
25-0018/AF. U.S. v. Corey M. Vargo. CCA 40653. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
November 12, 2024.
No.
25-0019/AR. U.S. v. Oscar A. Batres. CCA 20220223. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
November 12, 2024.
No.
25-0020/MC. U.S. v. Sergio Rocha, Jr. CCA 202300263. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to November 12, 2024.
Hearing
No.
24-0156/AR. U.S. v. Ross E. Downum. CCA 20220575.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 22,
2024
Petition for Grant of Review Filed
No.
25-0019/AR. U.S. v. Oscar A. Batres. CCA 20220223.
Order Granting Petition for Review
No.
24-0158/MC. U.S. v. Dominic L. Ruiz. CCA 202300007. 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 issue:
WHETHER THE MILITARY JUDGE ABUSED HER
DISCRETION IN ADMITTING THE COMPLAINING WITNESS'S STATEMENT TO LAW ENFORCEMENT
AS A PRIOR CONSISTENT STATEMENT UNDER M.R.E. 801(d)(1)(B)(ii).
Appellant will file a brief on or before
November 12, 2024, Appellee will file an answer brief no later than 21 days
after the filing of Appellant's brief, and Appellant may file a reply brief no
later than 7 days after the filing of Appellee's answer brief.
Hearing
No.
24-0098/AF. U.S. v. Thomas M. Saul. CCA 40341.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, October 21,
2024
Petitions for Grant of Review Filed
No.
25-0013/AR. U.S. v. Matthew T. Lay. CCA 20230331.
No.
25-0014/AF. U.S. v. Nicholas A. Byrne. CCA 40391.
No.
25-0015/AR. U.S. v. Joel C. Cortes. CCA 20230405.
No.
25-0016/AR. U.S. v. Jenna K. Davis. CCA 20230603.
No.
25-0017/AR. U.S. v. Jacob E. Singletary. CCA 20220506.
No.
25-0018/AF. U.S. v. Corey M. Vargo. CCA 40653.
Order Granting Petition for Review
No.
24-0146/AF. U.S. v. Leo J. Navarro Aguirre. CCA 40352. On consideration of
Appellant's 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 hereby granted on the following issues:
I.
WHETHER APPELLANT'S CONVICTION FOR WRONGFUL AMBIEN USE IS LEGALLY
SUFFICIENT WHEN: (1) HE HAD A VALID PRESCRIPTION FOR AMBIEN, AND (2) THE BASIS
FOR HIS CONVICTION WAS A MEDICALLY-KNOWN SIDE EFFECT.
II.
WHETHER APPELLANT'S GUILTY PLEA FOR RECKLESS DRIVING WAS PROVIDENT WHEN
HE TOOK HIS PRESCRIBED DOSE OF AMBIEN, FELL ASLEEP IN HIS BED, AND "THE NEXT
THING [HE] REMEMBERED IS BEING BEHIND THE WHEEL OF [HIS] CAR."
On
or before November 12, 2024, Appellant will file a brief, Appellee will file an
answer brief no later than 21 days after the filing of Appellant's brief, and
Appellant may file a reply brief no later than 7 days after the filing of
Appellee's answer brief.
Interlocutory Orders
No.
24-0004/SF. U.S. v. Devin W. Johnson. CCA 40257. Appellant's motion to extend
time to file a brief is granted to November 4, 2024.
No.
24-0111/AF. U.S. v. Matthew R. Denney. CCA 40360. On consideration of the
motion filed by Major Matthew Blyth, 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.
24-0182/AF. U.S. v. Tayari S. Vanzant. CCA 22004. Appellant's motion to extend
time to file a brief is granted to December 9, 2024.
No.
24-0206/AF. U.S. v. Dennis A. George, Jr. CCA 40397. Appellee's motion to
extend time to file a brief is granted to November 14, 2024.
No.
25-0012/AF. U.S. v. Makinnon A. Myers. CCA S32749. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to November 12, 2024.
No.
25-0013/AR. U.S. v. Matthew T. Lay. CCA 20230331. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to November 12, 2024.
No.
25-0014/AF. U.S. v. Nicholas A. Byrne. CCA 40391. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to November 12, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, October 17,
2024
Petitions for Grant of Review Denied
No.
24-0117/AR. U.S. v. Thomas M. Adams. CCA 20130693.
No.
24-0137/AR. U.S. v. Matthew P. White. CCA 20210676.
No.
24-0150/AF. U.S. v. Jacob A. Ollison. CCA S32745.
No.
24-0204/AR. U.S. v. Keith W. Johnson. CCA 20220074.
Order Granting Petition for Review
No.
24-0182/AF. U.S. v. Tayari S. Vanzant. CCA 22004. On consideration of
Appellant's 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 AIR FORCE COURT OF CRIMINAL
APPEALS LACKED JURISDICTION TO REVIEW APPELLANT'S
CASE.
II.
WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES AND THE
AIR FORCE COURT OF CRIMINAL APPEALS HAVE JURISDICTION TO DIRECT MODIFICATION OF
THE ERRONEOUS AND UNCONSTITUTIONAL FIREARM PROHIBITION UNDER 18 U.S.C. § 922
NOTED ON THE STAFF JUDGE ADVOCATE'S ENDORSEMENT TO THE ENTRY OF JUDGMENT.
On
or before November 7, 2024, Appellant will file a brief on Issue I only,
Appellee will file an answer brief no later than 21 days after the filing of
Appellant's brief, and Appellant may file a reply brief no later than 7 days
after the filing of Appellee's answer brief.
Mandate Issued
No.
24-0093/MC. U.S. v. Brandon K. Flanner. CCA 202300134.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, October 16,
2024
Petition for Grant of Review Filed
No.
25-0012/AF. U.S. v. Makinnon A. Myers. CCA S32749.
Petitions for Grant of Review Denied
No.
24-0139/AR. U.S. v. David P. VanBuren. CCA 20220062.
No.
24-0207/AR. U.S. v. Laquinton T. Leslie. CCA 20220205.
Order Granting Petition for Review
No.
24-0217/AR. U.S. v. Alex J. Secord. CCA 20210667. 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 issues:
I.
WHERE THE GOVERNMENT SEIZED AND HELD
APPELLANT'S PHONE PURSUANT TO A NARROW SEARCH AUTHORIZATION, BUT COULD NOT
ACCESS THE DATA WITHOUT APPELLANT'S PASSCODE, WAS THE DATA WITHIN THE
POSSESSION, CUSTODY, OR CONTROL OF MILITARY AUTHORITIES FOR PURPOSES OF R.C.M.
701?
II.
DID THE MILITARY JUDGE ERR BY RULING
APPELLANT COULD NOT ACCESS THE DATA WITHOUT SIMULTANEOUSLY PROVIDING THE GOVERNMENT
WITH FULL ACCESS TO ALL HIS PERSONAL DATA?
III.
IF THE MILITARY JUDGE ERRED, DID THE ERROR CONSTITUTE PREJUDICIAL ERROR?
Appellant
will file a brief on or before November 6, 2024, Appellee will file an answer
brief no later than 21 days after the filing of Appellant's brief, and
Appellant may file a reply brief no later than 7 days after the filing of
Appellee's answer brief.
Interlocutory Orders
No.
24-0212/AF. U.S. v. Monica R. Arroyo. CCA 40321. Appellant's motion to extend
time to file a brief is granted to November 12, 2024.
No.
24-0224/AF. U.S. v. Desiree M. Holmes. CCA 2024-1. 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 October 22, 2024.
No.
24-0233/MC. U.S. v. Jaden T. Rohlfs. CCA 202300019. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to October 25, 2024.
No.
24-0238/AF. In re Jeg E.R. Libed, Petitioner. CCA S32719. On consideration of
the petition for extraordinary relief in the nature of a writ of mandamus, it
is ordered that the government will file an answer to the petition on or before
October 28, 2024.
No.
25-0010/AR. U.S. v. Anderson A. Antepara. CCA 20220562. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to November 5, 2024.
No.
25-0011/AF. U.S. v. Zhuo H. Zhong. CCA 40441. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to
November 5, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 15,
2024
Petition for Grant of Review Filed
No.
25-0011/AF. U.S. v. Zhuo H. Zhong. CCA 40441.
Interlocutory Order
No.
24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellee's motion to
extend time to file a brief is granted to November 15, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, October 11,
2024
Mandate Issued
No.
23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, October 10,
2024
Petition for Grant of Review Filed
No.
25-0010/AR. U.S. v. Anderson A. Antepara. CCA 20220562.
Hearing
No.
24-0096/AF. U.S. v. Jaquan Q. Greene-Watson. CCA 40293.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, October 9,
2024
Petitions for Grant of Review Filed
No.
25-0008/AR. U.S. v. Aaron A. Vazques. CCA 20230307.
No.
25-0009/AR. U.S. v. Travis J. Swan. CCA 20230018.
Interlocutory Orders
No.
24-0104/AF. U.S. v. Bryce T. Roan. CCA 22033. On consideration of the motion
filed by Major Matthew Bluth, for leave to withdraw as appellate defense
counsel, it is ordered that the motion is granted.
No.
25-0005/AF. U.S. v. Brandon A. Wood. CCA 40429. Appellant's
motion to extend time to file the supplement to the petition for grant of review
is granted to October 29, 2024.
No.
25-0006/AF. U.S. v. Dontavius A. Bates. CCA ACM S32752. Appellant's
motion to extend time to file the supplement to the petition for grant of
review is granted to October 29, 2024.
Hearing
No.
24-0152/AR. U.S. v. Tayron D. Davis. CCA 20220272.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 8,
2024
Petition for Grant of Review Filed
No.
25-0007/AR. U.S. v. Eric J. Avellaneda. CCA 20230442.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, October 7, 2024
Petitions for Grant of Review Filed
No.
25-0005/AF. U.S. v. Brandon A. Wood. CCA 40429.
No.
25-0006/AF. U.S. v. Dontavius A. Bates. CCA ACM S32752.
Petitions for Grant of Review Denied
No.
24-0170/AR. U.S. v. Simon L. Cantu. CCA 20220655.
No.
24-0188/AR. U.S. v. Denys A. Chacon. CCA 20230370.
Orders Granting Petition for Review
No.
24-0159/AR. U.S. v. Adalberto Brinkman-Coronel. CCA 20220225. On consideration of
Appellant's 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 issues:
I.
WHETHER THE LOWER COURT ERRED IN FINDING THAT THE MILITARY JUDGE DID NOT ABUSE
HIS DISCRETION WHEN HE FAILED TO RECUSE HIMSELF FROM APPELLANT'S COURT-MARTIAL
FOR THE APPEARANCE OF BIAS.
II.
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DENIED THE MOTION TO
SUPPRESS EVIDENCE DISCOVERED FROM THE SEARCH OF APPELLANT'S "VACUUM PHONE" AND
ALL DERIVATIVE EVIDENCE.
On
or before October 28, 2024, Appellant will file a brief, Appellee will file an
answer brief no later than 21 days after the filing of Appellant's brief, and
Appellant may file a reply brief no later than 7 days after the filing of
Appellee's answer brief.
No.
24-0212/AF. U.S. v. Monica R. Arroyo. CCA 40321. On consideration of
Appellant's 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:
DURING
ITS SENTENCE SEVERITY ANALYSIS, THE AIR FORCE COURT CONSIDERED THE BENEFIT
ENJOYED BY APPELLANT WHEN THE GOVERNMENT DISMISSED SPECIFICATIONS. DID THE AIR
FORCE COURT ERR?
On
or before October 28, 2024, Appellant will file a brief, Appellee will file an
answer brief no later than 21 days after the filing of Appellant's brief, and
Appellant may file a reply brief no later than 7 days after the filing of
Appellee's answer brief.
Interlocutory Orders
No.
24-0104/AF. U.S. v. Bryce T. Roan. CCA 22033. Appellant's motion to extend time
to file a brief is granted to November 20, 2024.
No.
24-0147/AR. U.S. v. Ryan C. Thomas. CCA 20210662. Appellant's motion to extend
time to file a brief is granted to November 12, 2024.
No.
24-0175/AF. U.S. v. Daniel R. Csiti. CCA 40386. Appellant's motion to extend
time to file a brief is granted to November 12, 2024.
No.
24-0216/AR. U.S. v. Brett D. Crawford. CCA 20230107. On consideration of Appellant's
third motion to extend time to file the supplement to the petition for grant of
review, it is ordered that the motion is granted, up to and including October
29, 2024, and absent extraordinary circumstances, no further extensions of time
will be granted in this case.
No.
24-0220/AR. U.S. v. Laavon D. Owens. CCA 20220280. On consideration of
Appellant's third motion to extend time to file the supplement to the petition
for grant of review, it is ordered that the motion is granted, but only up to
and including October 22, 2024, and absent extraordinary circumstances, no
further extensions of time will be granted in this case.
No.
25-0001/AR. U.S. v. Jonathan R. Mizell. CCA 20230479. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 28, 2024.
No.
25-0002/AR. U.S. v. Wilson. CCA 20230233. Appellant's motion to extend time to
file the supplement to the petition for grant of review is granted to October
28, 2024.
No.
25-0003/NA. U.S. v. Roneisha L. Redmond. CCA 202300130. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 28, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, October 4, 2024
Petitions for Grant of Review Filed
No.
25-0002/AR. U.S. v. Steven K. Wilson. CCA 20230233.
No.
25-0003/NA. U.S. v. Roneisha L. Redmond. CCA 202300130.
No.
25-0004/MC. U.S. v. Joseph D. Suarez. CCA 202300049.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, October 3,
2024
Petition for Grant of Review Filed
No.
25-0001/AR. U.S. v. Mizell. CCA 20230479.
Miscellaneous Docket - Summary
Disposition
No.
24-0168/AR. In re Kevin P. Newton, Petitioner. 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.
Orders Granting Petition for Review
No.
24-0183/AF. U.S. v. Jennesis V. Dominguez-Garcia. CCA S32694. 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
THERE IS JURISDICTION TO DIRECT CORRECTION OF THE ERRONEOUS AND
UNCONSTITUTIONAL FIREARM PROHIBITION NOTED ON THE STAFF JUDGE ADVOCATE'S
INDORSEMENT TO THE ENTRY OF JUDGMENT.
No
briefs will be filed under C.A.A.F. R. 25.
No.
24-0219/AF. U.S. v. Brian W. Gubicza. CCA 40464. 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 GOVERNMENT CAN PROVE THAT 18 U.S.C. § 922 IS CONSTITUTIONAL AS APPLIED TO
APPELLANT WHEN HE WAS CONVICTED OF A NONVIOLENT OFFENSE.
No
briefs will be filed under C.A.A.F. R. 25.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, October 2,
2024
Interlocutory Order
No. 24-0144/NA. U.S. v.
Salvador Jacinto. CCA 201800325. On consideration of a motion for
reconsideration of this Court's order granting Appellant's motion to view and
copy sealed documents, a motion for a written explanation of the denial of a
motion to reject Appellant's motion to view and copy, and a motion to reject
Appellant's brief due to lack of service, all filed by Mr. Peter Coote, Esq.,
representing E.B., the victim in this case, the Court notes the following:
1. The recently amended
Rules of Practice and Procedure of this Court clearly state that absent any statutory
authority, victims and complainants are not recognized as parties before this
Court. C.A.A.F. R. 8(c).
2. However, "the Court may afford either a
victim or a complainant, whether represented by counsel or not, the rights of
service of a party and the right to file an amicus curiae brief."
C.A.A.F. R. 8(c).
3. Victims and complainants may move for leave
to file an amicus curiae brief.
C.A.A.F. R. 26(b).
4. Copies of all filings in this Court must be
served on all counsel of record, to include victim or complainant's counsel and
amicus curiae counsel, who entered an appearance at the Court of
Criminal Appeals. C.A.A.F. R. 39(a).
5. There is no statutory, regulatory, or
judicial authority that provides for a victim or complainant in a court-martial
to intervene as a non-party in a case filed in this Court.
6. On August 15, 2024, Mr. Coote filed a formal
notice of appearance in this Court on behalf of E.B., which filing was accepted
on August 29, 2024.
7. On August 29, 2024, this Court granted
Appellant's motions to view and copy sealed material, to file a brief under
seal, and to file the joint appendix under seal.
8. Also on August 29, 2024, this Court denied
Mr. Coote's motion to reject Appellant's motion to view and copy sealed
material, without prejudice to filing a motion for leave to file an amicus
curiae brief.
9. On September 16, 2024, Appellant filed his
brief under seal. In doing so, he failed to serve Mr. Coote with a copy of the
brief.
Having considered all of the above, we conclude that E.B. is not a party to
this case and may not intervene in this case. However, this Court has accepted
Mr. Coote's notice of appearance and Mr. Coote is deemed a counsel of record.
Therefore, Mr. Coote is entitled to be served with a copy of all filings in
this case, including briefs of the parties.
Accordingly, it is ordered that Mr. Coote's motions for: (1)
reconsideration of this Court's order granting Appellant's motion to view and copy
sealed documents, (2) a written explanation of the denial of a motion to reject
Appellant's motion to view and copy, and (3) a motion to reject Appellant's
brief due to lack of service are hereby denied; that Appellant and Appellee
will serve Mr. Coote with copies of their briefs and all other filings; and
that Mr. Coote is granted leave to file an amicus curiae brief, all in
accordance with the recently amended Rules of this Court.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, October 1,
2024
Petition for Grant of Review Denied
No.
24-0222/AR. U.S. v. Leonardo R. Garcia. CCA 20230508.
Interlocutory Orders
No.
24-0152/AR. U.S. v. Tayron D. Davis. CCA 20220272. Appellee's motion to dismiss
the certificate for review of the decision of the United States Army Court of
Criminal Appeals is denied.
No.
24-0237/NA. U.S. v. Eddie A. Tyson. CCA 202300083. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
October 21, 2024.
2023 TERM
OF COURT
In
the Matter of the 2023 Term of Court, it is ordered that the following case
heard during the 2023 Term of Court, is hereby carried over from the 2023 Term
of Court to the October 2024 – September 2025 Term of Court: United States
v. Mendoza, No. 23-0210/AR.
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