UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 30, 2020
Petitions for Grant of Review Filed
No.
20-0389/AR. U.S. v. Alexa E. Ramon. CCA 20200099.
No.
20-0390/AR. U.S. v. John F. Rindt. CCA 20190319.
Petition for Grant of Review Denied
No.
20-0306/AR. U.S. v. Jeremy P. Buckley. CCA 20190077.
Hearing
No.
20-0262/AF. U.S. v. Kaleb S. Garcia. CCA 2019-07.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 29, 2020
Petition for Grant of Review Filed
No.
20-0388/AR. U.S. v. Mitchell J. Houtz. CCA 2019072.
Hearings
No.
20-0231/NA. U.S. v. Jerry R. White. CCA 201900221.
No.
20-0288/MC. U.S. v. Michael J. Brown. CCA 201900050.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 28, 2020
Petitions for Grant of Review Filed
No.
20-0386/AR. U.S. v. Reo K. Ramirez. CCA 20190664.
No.
20-0387/AR. U.S. v. Robert J. Sharp. CCA 20190149.
Interlocutory Order
No.
20-0385/NA. U.S. v. Steve G. Axe III. CCA 201900009. Appellant's motion to
extend time to file the supplement to the petition for grant of review
is granted to October 19, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 25, 2020
Petitions for Grant of Review Filed
No.
20-0384/AR. U.S. v. Joseph L. Feeney-Clark. CCA 20180694.
No.
20-0385/NA. U.S. v. Steve G. Axe III. CCA 201900009.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 24, 2020
Petitions for Grant of Review Filed
No.
20-0382/AR. U.S. v. Charles I. Cannon. CCA 20180580.
No.
20-0383/AR. U.S. v. Jeremy S. Nix. CCA 20190749.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 23, 2020
Interlocutory Orders
No.
20-0342/AR. United States, Appellant v. Dashaun K.
Henry, Appellee. CCA 20190688. Appellee's motion for leave to file a supplemental
joint appendix is granted.
No.
20-0381/AF. U.S. v. Qaasim R. Johnson. CCA 39651.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to October 13, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 22, 2020
Petitions for Grant of Review Filed
No.
20-0380/AR. U.S. v. Riggie S. Escomiendo. CCA 20190665.
No.
20-0381/AF. U.S. v. Qaasim R. Johnson. CCA 39651.
Petitions for Grant of Review Denied
No.
20-0222/AR. U.S. v. Robert W. Franz, Jr. CCA 20180048.
No.
20-0243/AF. U.S. v. Christopher A. Dunlap. CCA 39567.
No.
20-0333/AF. U.S. v. Nicholas A. Knarr. CCA 39577.
No.
20-0348/AR. U.S. v. Claudia Davis. CCA 20200047.
No.
20-0350/AF. U.S. v. David R. Allen. CCA 39001.
No.
20-0356/AR. U.S. v. Jimmy Li. CCA 20190456.
Orders Granting Petition for Review
No. 20-0252/AF. U.S. v. Rodney M. Tyler.
CCA 39572.
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 MILITARY JUDGE ERRED WHEN HE PERMITTED TRIAL COUNSEL TO ARGUE FACTS NOT IN EVIDENCE;
NAMELY, THE UNSWORN VICTIM IMPACT STATEMENTS WHICH WERE NOT ADMITTED AS EVIDENCE
UNDER RULE FOR COURTS-MARTIAL 1001(b)(4).
Briefs
will be filed under Rule 25.
No. 20-0340/AF. U.S. v. Eric R. Proctor.
CCA S32554.
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:
AT
AN ALL-CALL PRIOR TO APPELLANT'S COURT-MARTIAL, APPELLANT'S SQUADRON COMMANDER
SOUGHT TO ADDRESS HIS "NCO PROBLEM" BY HIGHLIGHTING THE NEGATIVE CAREER IMPACTS
SOMEONE COULD SUFFER IF THEY PROVIDED A CHARACTER LETTER FOR AN ACCUSED AIRMAN.
DID THE AIR FORCE COURT ERR WHEN IT FOUND, BEYOND A REASONABLE DOUBT, THAT THIS
UNLAWFUL COMMAND INFLUENCE DID NOT PLACE AN INTOLERABLE STRAIN ON THE PUBLIC'S
PERCEPTION OF THE MILITARY JUSTICE SYSTEM?
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
20-0231/NA. U.S. v. Jerry R. White. CCA 201900221. Appellee's motion to file an
answer out of time to the supplement to the petition for grant of review is
denied.
No.
20-0376/AR. U.S. v. Sheldon D. Johnson. CCA 20180527. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to October 14, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 21, 2020
Petitions for Grant of Review Filed
No.
20-0376/AR. U.S. v. Sheldon D. Johnson. CCA 20180527.
No.
20-0377/AR. U.S. v. Justin S. McKinnon. CCA 20190818.
No.
20-0378/AR. U.S. v. Anthony R. Wetmore. CCA 20190521.
No.
20-0379/NA. U.S. v. Lucas R. Passa. CCA 202000041.
Interlocutory Orders
No.
20-0336/AF. U.S. v. Brandon L. Snyder. CCA 39470. Appellant's motion for
appropriate relief and motion to exceed page limitation are denied. Appellant
will file a supplement that complies with Rule 24 on or before September 28,
2020.
No.
20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellant's motion to file
the supplement to the petition for grant of review under seal is granted.
No.
20-0373/AR. U.S. v. Mychal E. Garcia. CCA 20180146. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 13, 2020.
Mandate Issued
No.
19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 18, 2020
Petitions for Grant of Review Filed
No.
20-0374/AR. U.S. v. Dautrail T. Peppers. CCA 20190545.
No.
20-0375/AR. U.S. v. Derrick D. Jefferson. CCA 20190355.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 17, 2020
Petition for Grant of Review Filed
No.
20-0373/AR. U.S. v. Mychal E. Garcia. CCA 20180146.
Interlocutory Orders
No.
20-0301/MC. U.S. v. Guillermo Cabrera. CCA 201800327. Appellant's motion to
submit matters pursuant to United States
v. Grostefon, 12 M.J. 431 (C.M.A. 1982), is
granted.
No.
20-0371/AR. U.S. v. Willie F. Warrens, Jr. CCA 20190126. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to October 7, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 16, 2020
Petition for Grant of Review Filed
No.
20-0371/AR. U.S. v. Willie F. Warrens, Jr. CCA 20190126.
Miscellaneous Docket - Filing
No.
20-0372/AF. Paul D. Voorhees, Petitioner v. United States, Respondent. CCA
38836. Notice is given that a petition for extraordinary relief in the nature
of a writ of error coram nobis
was filed under Rule 27(a) on this date.
Interlocutory Orders
No.
20-0217/NA. United States, Appellee/Cross-Appellant v. Stephen A. Begani. Appellant/Cross-Appellee. CCA 201800082.
Appellee/Cross-Appellant's motion to extend time to file a brief is granted to
October 21, 2020.
No.
20-0347/MC. U.S. v. Matthew P. Hoffmann. CCA 201400067. Appellant's third
motion to extend time to file the supplement to the petition for grant of
review is granted to September 17, 2020.
No.
20-0355/AF. U.S. v. Dillon J. Haggart. CCA 39601.
Appellant's motion for leave to file Issue I of the supplement to the petition
for grant of review under seal is granted.
No.
20-0368/MC. U.S. v. Matthew W. Faus. CCA 201900063.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to October 6, 2020.
UNITED STATES COURT OF APPEALS FOR THE
ARMED FORCES
DAILY JOURNAL
Tuesday, September 15, 2020
Petitions for Grant of Review Filed
No.
20-0368/MC. U.S. v. Matthew W. Faus. CCA 201900063.
No.
20-0369/AR. U.S. v. Noah C. Davis. CCA 20200061.
No.
20-0370/AR. U.S. v. Ricky L. Olivo. CCA 20190252.
Petitions for Grant of Review Denied
No.
20-0319/MC. U.S. v. Anthonie L. Scott. CCA 201900003.
No.
20-0351/AR. U.S. v. Michael T. Bradley. CCA 20190439.
Petition for Grant of Review - Summary
Disposition
No. 20-0284/AR. U.S. v. Gary Hemmingsen. CCA 20180611. On consideration of Appellant's
petition for grant of review of the decision of the United States Army Court of
Criminal Appeals, Appellant's motion for appropriate relief, and motions to
file amicus curiae briefs on behalf of Interested Military Justice
Practitioners and the National Institute of Military Justice, it is ordered
that said petition is hereby granted on the following issues:
WHETHER
APPELLANT IS ENTITLED TO SENTENCE RELIEF FOR THE UNREASONABLE 322-DAY
POST-TRIAL PROCESSING DELAY BETWEEN SENTENCING AND INITIAL ACTION.
WHETHER
THE DETAILED APPELLATE DEFENSE COUNSEL'S FAILURE TO ASSIGN ANY ERRORS TO THE ARMY
COURT DENIED APPELLANT THE EFFECTIVE ASSISTANCE OF COUNSEL.
That
the motion for appropriate relief is denied as moot, that the motions to file
amicus curiae briefs are granted, and the decision of the United States Army
Court of Criminal Appeals is set aside. The record of trial is returned to the
Judge Advocate General of the Army for remand to that court for a new review
and consideration of the aforementioned issues under Article 66, Uniform Code
of Military Justice (UCMJ), 10 U.S.C. § 866 (2012). Thereafter, Article 67,
UCMJ, 10 U.S.C. § 867 (2012) shall apply.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
September 14, 2020
Interlocutory Orders
No.
20-0366/AR. U.S. v. Thomas M. Adams. CCA 20130693. Appellant's motion to extend
time to file the supplement to the petition for grant of review, it is granted
to October 5, 2020.
No.
20-0367/AF. U.S. v. Richard R. Nichol. CCA 39625. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
October 5, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 11, 2020
Petitions for Grant of Review Filed
No.
20-0366/AR. U.S. v. Thomas M. Adams. CCA 20130693.
No.
20-0367/AF. U.S. v. Richard R. Nichol. CCA 39625.
Interlocutory Orders
No.
20-0342/AR. United States, Appellant v. Dashaun K.
Henry, Appellee. CCA 20190688. On consideration of the motion filed by Lynn
Hecht Schafran, Legal Director, Legal Momentum, The
Women's Legal Defense and Education Fund, for leave to appear pro hac vice,
and the motion filed by the Legal Momentum and Sanctuary for Families for leave
to file an amicus curiae brief in support of Appellant, it is ordered that the
motions are granted.
No.
20-0363/AF. U.S. v. Richard A. Wolcott. CCA 39639. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
October 1, 2020.
No.
20-0364/AF. U.S. v. Joshua C. White. CCA 39600. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
October 1, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 10, 2020
Petitions for Grant of Review Filed
No.
20-0364/AF. U.S. v. Joshua C. White. CCA 39600.
No.
20-0365/AF. U.S. v. Derek R. Rita. CCA 39614.
Petitions for Grant of Review Denied
No.
20-0287/AR. U.S. v. Nathaniel Martin, Jr. CCA 20180495.
No.
20-0305/MC. U.S. v. Cesar A. Lopez. CCA 201800334.
No.
20-0316/AR. U.S. v. Damon G. Williams, Jr. CCA 20180569.
No.
20-0317/AR. U.S. v. William P. Moynihan. CCA 20130855.
No.
20-0332/AF. U.S. v. Colton A. Matthews. CCA 39593.
No.
20-0343/AR. U.S. v. Nathaniel S. Montgomery. CCA 20200087.
No.
20-0346/AR. U.S. v. John-Andy S. Garza, Jr. CCA 20190643.
Petition for Grant of Review - Summary
Disposition
No. 20-0339/AR. U.S. v.
Michael R. Motteler, Jr. CCA 20180512. 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, and the
decision of the United States Army Court of Criminal Appeals is affirmed.*
* It is directed that the
promulgating order be corrected by changing the finding to Specification 3 of
the Charge from "Guilty" to "Not Guilty."
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 9, 2020
Interlocutory Orders
No.
20-0286/AF. U.S. v. Jacob M. Ozbirn. CCA 39556. Appellant's motion to submit
matters pursuant to United States v.
Grostefon, 12 M.J. 431 (C.M.A. 1982), is granted.
No.
20-0293/CG. U.S. v. Juan A. Guzman. CCA 1461. Appellant's motion to submit
matters pursuant to United States v.
Grostefon, 12 M.J. 431 (C.M.A. 1982), is granted.
No.
20-0362/AF. U.S. v. Brandon M. Leach. CCA 39563. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
September 29, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 8, 2020
Petition for Grant of Review Filed
No.
20-0363/AF. U.S. v. Richard A. Wolcott. CCA 39639.
Interlocutory Orders
No.
20-0334/AR. U.S. v. Joshua E. Terry. CCA 20180355. Appellant's third motion to
extend time to file the supplement to the petition for grant of review is
granted, up to and including September 14, 2020, and that absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
20-0361/AR. U.S. v. Luis L. Avalos. CCA 20190655. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
September 25, 2020.
In the Matter of the
Rules Advisory Committee
Pursuant
to Rule 45 of the Rules of Practice and Procedure, United States Court of
Appeals for the Armed Forces, the following persons are, this 8th day of
September, 2020, hereby reappointed as members of the Rules Advisory Committee,
effective October 1, 2020, for a term expiring on September 30, 2023:
William A. DeCicco, Esq.
Rebecca S. Snyder, Esq.
Matthew G. Kaiser, Esq.
The
following members, whose terms expire on the dates indicated below, remain on
the Rules Advisory Committee:
To expire on September 30, 2021:
Dwight H. Sullivan, Esq.
Thomas E. Booth, Esq.
Malcolm Squires, Esq.
To expire on September 30, 2022:
Prof. Steven H. Goldblatt (Chair)
Ms. Michelle Lindo McCluer, Esq.
Ms. Carol K. Joyce, Esq.
Mr.
Joseph R. Perlak, Clerk of the Court, is an ex
officio member of the Committee, and serves as its Reporter.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
September 4, 2020
Petition for Grant of Review Filed
No.
20-0362/AF. U.S. v. Brandon M. Leach. CCA 39563.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
September 3, 2020
Petition for Grant of Review Filed
No.
20-0361/AR. U.S. v. Luis L. Avalos. CCA 20190655.
Special Docket Matter
No.
36803. In the matter of Cullen Drew Elrod. It appearing that the above-named attorney is a member of the Bar
of this Court and that they have been indefinitely suspended by the Judge
Advocate General of the Army from the practice of law in Army courts-martial
and the U. S. Army Court of Criminal Appeals, and considering Rule 15(b), Rules
of Practice and Procedure, U.S. Court of Appeals for the Armed Forces, it is
ordered that Cullen
D. Elrod is disbarred from the practice of law before this Court effective the
date of this Order.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
September 2, 2020
Petitions for Grant of Review Denied
No.
20-0261/AR. U.S. v. Nicholas E. Notter. CCA 20180503.
No.
20-0271/AR. U.S. v. Douglas W. Knighton. CCA 20180106.
No.
20-0324/AR. U.S. v. Brandon A. Glasscock. CCA 20190227.
No.
20-0330/AR. U.S. v. Richard R. Browning. CCA 20190758.
No.
20-0337/AR. U.S. v. Justin R. Vega. CCA 20190009.
No.
20-0338/AR. U.S. v. Atlantis B. Leech. CCA 20190811.
No.
20-0341/AR. U.S. v. Christopher A. Nall. CCA 20200077.
Interlocutory Orders
No.
20-0337/AR. U.S. v. Justin R. Vega. CCA 20190009. Appellant's motion to attach
Defense Appellate Exhibit A is denied as moot.
No.
20-0360/AF. U.S v. Steven A. McDaniel, Jr. CCA 39608. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to September 22, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
September 1, 2020
Petition for Grant of Review Filed
No.
20-0360/AF. U.S v. Steven A. McDaniel, Jr. CCA 39608.
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