UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, May 16, 2025
Petitions for Grant of Review Filed
No.
25-0168/AR. U.S. v. Malachi M. Temple. CCA 20230403.
No.
25-0169/AF. U.S. v. Colin R. Covitz. CCA 40193.
No.
25-0170/AF. U.S. v. Alejandro E. Gray. CCA 40648.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, May 14, 2025
Petition for Grant of Review Filed
No.
25-0167/MC. U.S. v. Danielle E. Deremer. CCA 202300205.
Interlocutory Orders
No.
25-0113/AF. United States, Appellee/Cross-Appellant v. William C.S. Hennessy, Appellant/Cross-Appellee.
CCA 20220162. Appellee/Cross-Appellant's motion to compel discovery and for
special master is hereby denied.
No.
25-0162/AF. U.S. v. Josiah M. Caswell. CCA 23035. Appellant's
motion to extend time to file the supplement to the
petition for grant of review is granted to June 4, 2025.
No.
25-0163/AF. U.S. v. Douglas G. Lara. CCA 40247. Appellant's
motion to extend time to file the supplement to the
petition for grant of review is granted to June 4, 2025.
No.
25-0164/NA. U.S. v. John J. Hays. CCA 202300275. Appellant's
motion to extend time to file the supplement to the
petition for grant of review is granted to June 4, 2025.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 13, 2025
Petitions for Grant of Review Filed
No.
25-0164/NA. U.S. v. John J. Hays. CCA 202300275.
No.
25-0165/AR. United States, Appellee/Cross-Appellant v. Jesus D. Calvillomagana, Appellant/Cross-Appellee. CCA 20230161.
No.
25-0166/NA. U.S. v. Zachary M. Peters. CCA 202300238.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, May 12, 2025
Petitions for Grant of Review Filed
No.
25-0161/AR. U.S. v. Myonte M. Harris. CCA 20240309.
No.
25-0162/AF. U.S. v. Josiah M. Caswell. CCA 23035.
No.
25-0163/AF. U.S. v. Douglas G. Lara. CCA 40247.
Petitions for Grant of Review Denied
No.
25-0101/AR. U.S. v. Christopher E. Sanchez. CCA 20220603.
No.
25-0127/AR. U.S. v. Edwin A. Gonzalez. CCA 20230521.
No.
25-0129/AR. U.S. v. Joseph S. Burkett, Jr. CCA 20230339.
No.
25-0131/NA. U.S. v. Dominic R. Vermurlen. CCA
202400380.
No.
25-0138/AR. U.S. v. Michelena D. Cole. CCA 20230566.
No.
25-0139/AR. U.S. v. Hunter G. Sutler. CCA 20230446.
Miscellaneous Docket - Summary
Dispositions
No.
24-0179/AR. In re David J. Rudometkin. CCA 20180058. On consideration of
Petitioner's pro se petition for a writ of mandamus and reconsideration, dated
March 23, 2025, it is noted that Petitioner has submitted multiple filings with
this Court, the Supreme Court of the United States, and the lower court over
the last year seeking direct and collateral review of his general
court-martial, to no avail. Accordingly, it is ordered that the petition for a
writ of mandamus and reconsideration is denied, and that barring extraordinary
circumstances, further filings with this Court will be viewed with disfavor.
No.
25-0093/AR. In re David J. Rudometkin. CCA 20180058. On consideration of
Petitioner's pro se petition for a writ of mandamus and reconsideration, dated
March 23, 2025, it is noted that Petitioner has submitted multiple filings with
this Court, the Supreme Court of the United States, and the lower court over
the last year seeking direct and collateral review of his general
court-martial, to no avail. Accordingly, it is ordered that the petition for a
writ of mandamus and reconsideration is denied, and that barring extraordinary
circumstances, further filings with this Court will be viewed with disfavor.
No.
25-0104/AR. In re David J. Rudometkin. CCA 20180058. On consideration of
Petitioner's pro se petition for a writ of mandamus and reconsideration, dated
March 23, 2025, it is noted that Petitioner has submitted multiple filings with
this Court, the Supreme Court of the United States, and the lower court over
the last year seeking direct and collateral review of his general
court-martial, to no avail. Accordingly, it is ordered that the petition for a
writ of mandamus and reconsideration is denied, and that barring extraordinary
circumstances, further filings with this Court will be viewed with disfavor.
No.
25-0155/AR. U.S. v. Anderson Wallace, Jr. CCA 20250089. On consideration of
the petition for extraordinary relief in the nature of a
writ of mandamus which this Court construes as a writ-appeal petition of the underlying
decision of the United States Army Court of Criminal Appeals in
the nature of a writ of error coram nobis, it is ordered that the
petition is denied.
Interlocutory Orders
No.
25-0044/AF. U.S. v. Jamal X. Washington. CCA 39761. Appellant's motion to file
portions of the joint appendix under seal is granted.
No.
25-0102/MC. U.S. v. Jonatan O. RosarioMartinez. CCA
202300154. Appellant's motion to extend time to file a brief is granted to June
13, 2025.
No.
25-0137/AF. In re Isaac J. Serjak. CCA 40392. On
consideration of Respondent's answer to the Court's order issued April 30,
2025, it is ordered that Petitioner will file a reply to Respondent's answer on
or before May 22, 2025.
Petition for Reconsideration Granted
No.
24-0134/CG. U.S. v. Andrew J. Shafran. CCA 1480. On consideration of
Appellant's petition for reconsideration of the decision issued by the Court,
__ MJ. __ (C.A.A.F. 2025), it is ordered that the petition for reconsideration
is hereby granted; that the Court's opinion and judgment are vacated; and that
a new decision will be issued by the Court contemporaneously with this order.
Petitions for Reconsideration Denied
No.
24-0179/AR. In re David J. Rudometkin. CCA 20180058. On consideration of
Petitioner's pro se petition for reconsideration for a writ of habeas corpus
and prohibition, dated April 6, 2025, it is noted that Petitioner has submitted
multiple redundant filings with this Court, the Supreme Court of the United States,
and the lower court over the last year seeking direct and collateral review of
his general court-martial, to no avail. Accordingly, it is ordered that the
petition for reconsideration for a writ of habeas corpus and prohibition is
denied, and that barring extraordinary circumstances, further filings with this
Court will be viewed with disfavor.
No.
25-0093/AR. In re David J. Rudometkin. CCA 20180058. On consideration of
Petitioner's pro se petition for reconsideration for a writ of habeas corpus
and prohibition, dated April 6, 2025, it is noted that Petitioner has submitted
multiple redundant filings with this Court, the Supreme Court of the United States,
and the lower court over the last year seeking direct and collateral review of
his general court-martial, to no avail. Accordingly, it is ordered that the
petition for reconsideration for a writ of habeas corpus and prohibition is
denied, and that barring extraordinary circumstances, further filings with this
Court will be viewed with disfavor.
No.
25-0103/AR. In re David J. Rudometkin. CCA 20180058. On consideration of
Petitioner's pro se petition for reconsideration for a writ of habeas corpus
and prohibition, dated April 6, 2025, it is noted that Petitioner has submitted
multiple redundant filings with this Court, the Supreme Court of the United
States, and the lower court over the last year seeking direct and collateral
review of his general court-martial, to no avail. Accordingly, it is ordered
that the petition for reconsideration for a writ of habeas corpus and
prohibition is denied, and that barring extraordinary circumstances, further
filings with this Court will be viewed with disfavor.
No.
25-0116/AR. U.S. v. Robert J. Ratajczak, Jr. CCA 20230197. On consideration of
Appellant's petition for reconsideration of the Court's order issued April 14,
2025, it is ordered that the petition for reconsideration is hereby denied.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, May 9, 2025
Petition for Grant of Review Filed
No.
25-0160/MC. U.S. v. Jose G. Gomezvillalobos. CCA
202100215.
Order Granting Petition for Review
No.
25-0114/AF. U.S. v. Ian J.B. Cadavona. CCA 40476. 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 hereby granted
on the following issues:
I.
WHETHER, IN LIGHT OF UNITED STATES
v. WILLIAMS, 85 M.J. 121 (C.A.A.F. 2024), THE AIR FORCE COURT OF CRIMINAL
APPEALS HAD JURISDICTION UNDER ARTICLE 66(d)(2), UCMJ, TO PROVIDE APPROPRIATE
RELIEF FOR THE ERRONEOUS FIREARM PROHIBITION ON THE INDORSEMENT TO THE ENTRY OF
JUDGMENT.
II.
WHETHER THE UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES HAS JURISDICTION AND AUTHORITY TO DIRECT THE
MODIFICATION OF THE 18 U.S.C. § 922 PROHIBITION NOTED ON THE INDORSEMENT TO THE
ENTRY OF JUDGMENT.
III.
WHETHER REVIEW BY THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES OF
THE 18 U.S.C. § 922 PROHIBITION NOTED ON THE INDORSEMENT TO THE ENTRY OF
JUDGMENT WOULD SATISFY THIS COURT'S PRUDENTIAL CASE OR CONTROVERSY DOCTRINE.
IV.
AS APPLIED TO APPELLANT, WHETHER THE GOVERNMENT CAN PROVE THAT 18 U.S.C. § 922
IS CONSTITUTIONAL IN LIGHT OF RECENT PRECEDENT FROM THE SUPREME COURT OF THE UNITED
STATES.
No
briefs will be filed under C.A.A.F. R. 25.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, May 8, 2025
Interlocutory Order
No.
25-0044/AF. U.S. v. Jamal X. Washington. CCA 39761. Appellee's motion to extend
the time to file a brief is granted to May 30, 2025.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 6, 2025
Petition for Grant of Review Filed
No.
25-0159/AF. U.S. v. Jorge A. Arizpe. CCA 40507.
Petition for Grant of Review Denied
No.
25-0126/AF. U.S. v. Jaden T. Floyd. CCA S32784.
Interlocutory Order
No.
25-0132/AR. U.S. v. Andres F. Cuesta. CCA 20230024. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to May 19, 2025.
Petition for Reconsideration Denied
No.
25-0085/AR. U.S. v. Travis M. Alfred. CCA 20220126. Appellant's petition for
reconsideration of this Court's order issued April 15, 2025, is denied.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, May 5, 2025
Petitions for Grant of Review Filed
No.
25-0156/AF. U.S. v. Deshawn M. Dawson. CCA 24041.
Miscellaneous Docket - Filings
No.
25-0155/AR. In re Anderson Wallace, Jr., Petitioner. CCA 20250089. Notice is
given that a petition for extraordinary relief in the nature
of a writ of mandamus was filed under Rule 27(a) on this date.
Certificates for Review Filed
No.
25-0157/AF. U.S. v. Zachary C. Rocha. CCA 40134. Notice is hereby given
that a certificate for review of the decision of the United States Air Force
Court of Criminal Appeals was filed under Rule 22 on date on the following
issues:
I.
DID THE AIR FORCE COURT OF CRIMINAL APPEALS FAIL TO FOLLOW THIS COURT'S REMAND
INSTRUCTION BY ANALYZING THE PURPORTED LAWRENCE V. TEXAS, 539 U.S. 558
(2003), LIBERTY INTEREST AS "MASTURBATION IN SOLITUDE, IN SECRET, AND IN
PRIVATE," INSTEAD OF "PRIVATELY ENGAG[ING] IN SEXUAL ACTIVITY WITH A CHILDLIKE
SEX DOLL"?
II.
DID THE AIR FORCE COURT OF CRIMINAL APPEALS ERR IN ITS APPLICATION OF LAWRENCE
V. TEXAS, 539 U.S. 558 (2003) AND UNITED STATES V. MARCUM, 60 M.J.
198 (C.A.A.F. 2004) TO FIND APPELLEE'S CONVICTION FACTUALLY INSUFFICIENT?
Appellant will file a brief under Rule 22(b) in support
of said certificate on or before the 4th day of June,
2025.
No.
25-0158/MC. U.S. v. Danielle E. Deremer. CCA 202300205. Notice is given that a
certificate for review of the decision of the United States Navy-Marine Corps
Court of Criminal Appeals was filed under Rule 22 on this date on the following
issues:
I.
DID THE LOWER COURT ERR HOLDING APPELLANT, AT AN INTERVIEW WHERE SHE WAIVED HER
RIGHT TO COUNSEL, WAS ENTITLED TO 10 U.S.C. §1044E RIGHTS WHEN SHE WAS
INTERVIEWED AS A SUSPECT?
II.
DID THE LOWER COURT ERR FINDING THE INTERVIEW VIOLATED APPELLANT'S DUE PROCESS RIGHTS, AND FINDING THE STATEMENT INVOLUNTARY UNDER MIL. R.
EVID. 304?
III.
DID THE LOWER COURT ERR HOLDING THAT SUPPRESSION IS AN APPROPRIATE REMEDY FOR A
VIOLATION OF 10 U.S.C §1044E?
IV.
DID THE LOWER COURT ERR BY AFFIRMING APPELLANT'S CONVICTION FOR MALINGERING
DESPITE HOLDING HER CONFESSION TO NCIS SHOULD HAVE
BEEN SUPPRESSED?
Appellant will file a brief under Rule 22(b) in support
of said certificate on or before the 4th day of June,
2025.
Interlocutory Order
No.
25-0156/AF. U.S. v. Deshawn M. Dawson. CCA 24041. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
May 27, 2025.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, May 2, 2025
Petition for Grant of Review Filed
No.
25-0154/AR. U.S. v. Deion J. Jarrabet. CCA 20240035.
Petition for Grant of Review Denied
No.
25-0111/AR. U.S. v. Thomas N. Chapman. CCA 20220557.
Interlocutory Orders
No.
25-0089/MC. U.S. v. Alvin Valencia. CCA 202300240. Appellee's motion to extend
time to file a brief is granted to May 29, 2025.
No.
25-0153/AF. U.S. v. Davon M. Ching. CCA 40590. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
May 23, 2025.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, May 1, 2025
Petitions for Grant of Review Filed
No.
25-0152/AR. U.S. v. Romanfermin D. Borja. CCA
20220303.
No.
25-0153/AF. U.S. v. Davon M. Ching. CCA 40590.
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