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BRIEFS OF GRANTED CASES WITHOUT A HEARING DATE
(Last Updated 11/15/23)

In descending order, the following cases have been granted by this Court and ordered to file briefs. These cases have not yet been scheduled for hearings. Links to the briefs are provided soon after the briefs have been filed at this Court. Cases will be removed when a hearing date has been scheduled -- see Hearing Calendar -- or when another disposition has been published.

See Daily Journal for complete court proceedings.

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Monday, November 13, 2023

Order Granting Petition for Review

 

No. 24-0002/AR. U.S. v. Allan L. Armstrong. CCA 20210644. 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 hereby granted on the following issue:

 

WHETHER THE MILITARY JUDGE'S DEPARTURE FROM IMPARTIALITY DEPRIVED APPELLANT OF HIS RIGHT TO A FAIR TRIAL.

 

Appellant's brief     Appellee's brief     Appellant's reply brief

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Wednesday, November 1, 2023

Order Granting Petition for Review

 

No. 23-0245/AF. U.S. v. Ryan Parino-Ramcharan. CCA 40171. 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 JUDGE ADVOCATE GENERAL AND THE AIR FORCE COURT OF CRIMINAL APPEALS LACKED JURISDICTION TO REVIEW APPELLANT'S CASE.

 

Appellant's brief     Appellee's brief     Appellant's reply brief

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Friday, October 20, 2023

Order Granting Petition for Review

 

No. 23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222. 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:

 

IS APPELLANT'S CONVICTION FOR A CLAUSE 2, ARTICLE 134, UCMJ, OFFENSE LEGALLY INSUFFICIENT AS TO THE TERMINAL ELEMENT?

 

Appellant's brief     Appellee's brief     Appellant's reply brief

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Tuesday, October 10, 2023

Order Granting Petition for Review

 

No. 23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. 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 FOR SEXUAL ASSAULT WITHOUT CONSENT WAS LEGALLY SUFFICIENT.

 

Appellant's brief     Appellee's brief     Appellant's reply brief

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Tuesday, October 3, 2023

Order Granting Petition for Review

 

No. 23-0215/CG. U.S. v. Mark J. Grijalva. CCA 1482. On consideration of the petition for grant of review of the decision of the United States Coast Guard Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE UNENUMERATED ARTICLE 134, UCMJ, OFFENSE CHARGED IN SPECIFICATION 2 OF CHARGE III IS PREEMPTED BY ARTICLE 117a, UCMJ, WHICH CONGRESS ENACTED TO ADDRESS THE WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE VISUAL IMAGES.

 

Appellant's brief     Appellee's brief     Appellant's reply brief

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Tuesday, September 26, 2023

Orders Granting Petition for Review

 

No. 23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. 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:

 

WAS APPELLANT DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE?

 

Appellant's brief     Appellee's brief     Appellant's reply brief

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Wednesday, August 16, 2023

Orders Granting Petition for Review

 

No. 23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089. 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 hereby granted on the following issues:

 

I.  WAS APPELLANT A SUSPECT, TRIGGERING ARTICLE 31(b), UCMJ, WARNINGS?

 

II. DESPITE FINDING APPELLANT WAS ILLEGALLY APPREHENDED, DID THE LOWER COURT ERRONEOUSLY APPLY BROWN v. ILLINOIS, 422 U.S. 590 (1975), AND FIND THE TRIAL DEFENSE COUNSEL'S ADMITTED FAILURE TO MOVE TO SUPPRESS EVIDENCE DERIVED AFTER THE APPREHENSION WAS NOT INEFFECTIVE?

 

Appellant's brief     Appellee's brief     Appellant's reply brief

 

No. 23-0223/AF. U.S. v. Jeremy J. Stradtmann. CCA 40237. 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 issue:

 

WHETHER RECKLESSNESS IS THE REQUISITE MENS REA TO SUSTAIN A CONVICTION FOR THE PRESIDENTIALLY PROMULGATED OFFENSE OF CHILD ENDANGERMENT UNDER ARTICLE 134, UCMJ OF THE 2016 MANUAL FOR COURTS-MARTIAL.

 

Appellant's brief     Appellee's brief     Appellant's reply brief

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Thursday, July 27, 2023

Order Granting Petition for Review

 

No. 23-0085/AF. U.S. v. Jonel H. Guihama. CCA 40039. 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 issue:

 

WHETHER THE MILITARY JUDGE ABUSED HER DISCRETION BY ADMITTING A CONFESSION THAT WAS NOT TRUSTWORTHY BECAUSE IT LACKED SUFFICIENT CORROBORATION.

 

Appellant's redacted brief     Appellee's brief     Appellant's reply brief