UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 30, 2021

 

Petition for Grant of Review Filed

 

No. 21-0239/AR. U.S. v. Juan R. Coloncordero. CCA 20190303.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 29, 2021

 

Interlocutory Orders

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of the motion filed by Protect Our Defenders to file an amicus curiae brief in support of Appellee and motion to extend time to file the an amicus curiae brief, it is ordered that the motion to file an amicus curiae brief in support of Appellee is granted, and the motion to extend time to file an amicus curiae brief is granted to May 7, 2021.

 

No. 21-0086/AR. U.S. v. Ronald C. Givens. CCA 20190132. Appellee's motion to supplement the joint appendix is granted.

 

No. 21-0238/AF. U.S. v. Michael F. Bonior. CCA 39755. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 19, 2021.

 

Petition for Reconsideration Denied

 

No. 21-0006/AR. U.S. v. James E. Hopkins. CCA 20140913. Appellant's petition for reconsideration of this Court's order issued December 29, 2020 is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 28, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0237/AR. U.S. v. Phillip D. Pennington. CCA 20190605.

No. 21-0238/AF. U.S. v. Michael F. Bonior. CCA 39755.

 

Interlocutory Order

 

No. 21-0211/AR. U.S. v. Brandin J. Byers. CCA 20200097. Appellee's motion to file a 10-day letter out of time is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 27, 2021

 

Petitions for Grant of Review Denied

 

No. 21-0058/CG. U.S. v. Sam O. Weiser. CCA 1469.

No. 21-0145/AR. U.S. v. Terron S. Clemmons. CCA 20180581.

No. 21-0154/MC. U.S. v. Vincent D. Taman, Jr. CCA 201900175.

No. 21-0162/AR. U.S. v. Jacob G. Griego. CCA 20160487.

No. 21-0170/AR. U.S v. Jerry D. Cleveland. CCA 20170496.

No. 21-0176/AF. U.S. v. Radell J. Mitchell. CCA 39794.

No. 21-0177/AR. U.S. v. William J. Phillips. CCA 20180588.

No. 21-0200/AR. U.S. v. Jarrod D. Meaux. CCA 20190315.

No. 21-0202/AR. U.S. v. Isaiah M. Hackworth. CCA 20200026.

No. 21-0203/AR. U.S. v. Rasheed A. Walker. CCA 20200212.

 

Interlocutory Orders

 

No. 21-0216/NA. U.S. v. Joseph R. Nelson. CCA 201900239. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 13, 2021.

 

No. 21-0235/AR. U.S. v. David C. Tate. CCA 20180477. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 17, 2021.

 

Mandate Issued

No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 26, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0235/AR. U.S. v. David C. Tate. CCA 20180477.

No. 21-0236/NA. U.S. v. Craig R. Becker. CCA 201900342.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 21-0129/NA. U.S. v. Kenneth Olaya. CCA 201900211. Upon consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is noted that the court below acted on the findings, but did not expressly act to affirm or set aside the sentence. This has resulted in having a case before us for review that does not have a complete decision on the findings and the sentence by the Court of Criminal Appeals. Under Article 67(c), Uniform Code of Military Justice, 10 U.S.C. 867(c) (2018), this Court can only act with respect to the findings and sentence as affirmed or set aside by a court of criminal appeals. If the action on the sentence is ambiguous, the appropriate remedy is a remand for clarification. Accordingly, it is ordered that the record of trial is returned to the Judge Advocate General of the Navy for remand to the United States Navy-Marine Corps Court of Criminal Appeals for clarification of the affirmed sentence.

 

No. 21-0195/AR. U.S. v. Andy L. Owens. CCA 20190754. 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, and the decision of the United States Army Court of Criminal Appeals is affirmed.*

 

* It is directed that the Statement of Trial Results be corrected by deleting the words 'arouse or gratify the sexual desire of any person' in Specification 1 of the Charge, and substituting therefor the words 'harass, humiliate, or degrade Private J**** D******'.

 

Interlocutory Orders

 

No. 21-0059/MC. U.S. v. Bradley M. Metz. CCA 201900089. Appellee's motion to extend time to file a brief is granted to May 21, 2021.

 

No. 21-0229/AR. U.S. v. Randy D. White. CCA 20190194. Appellant's motion to file additional matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 21-0233/AR. U.S. v. Irvin Paredes-Martinez. CCA 20190224. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 17, 2021.

 

Mandate Issued

 

No. 20-0342/AR. U.S. v. Dashaun K. Henry. CCA 20190688.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 23, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0233/AR. U.S. v. Irvin Paredes-Martinez. CCA 20190224.

No. 21-0234/AR. U.S. v. Logan T. Kyle. CCA 20190372.

 

Petitions for Grant of Review Denied

 

No. 20-0362/AF. U.S. v. Brandon M. Leach. CCA 39563.

No. 21-0151/AR. U.S. v. Kyle B. Miller. CCA 20190532.

 

Orders Granting Petition for Review

 

No. 21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043. 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 issues:

 

I. WHETHER THE PHRASE "IN THE PRESENCE OF" USED TO DEFINE THE TERM "LEWD ACT" IN ARTICLE 120b(h)(5)(D) REQUIRES THE CHILD TO BE AWARE OF THE LEWD ACT OR MERELY THAT THE ACCUSED BE AWARE OF THE CHILD'S PRESENCE.

 

II. WHETHER APPELLANT AFFIRMATIVELY WAIVED ANY OBJECTION TO THE MILITARY JUDGE'S INSTRUCTIONS AND THE FAILURE TO INSTRUCT ON THE AFFIRMATIVE DEFENSE OF MISTAKE OF FACT.

 

III. WHETHER, HAVING ASSUMED DEFICIENT PERFORMANCE BY COUNSEL, THE LOWER COURT ERRED IN FINDING NO PREJUDICE.

 

Briefs will be filed under Rule 25.

 

No. 21-0134/AR. U.S. v. Luis E. Ramirez. CCA 20190367. 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 THE CONVENING AUTHORITY'S FAILURE TO TAKE ACTION ON THE SENTENCE DEPRIVED THE ARMY COURT OF JURISDICTION UNDER ARTICLE 66, UCMJ.

 

No briefs will be filed under Rule 25.

 

No. 21-0179/AR. U.S. v. Xavier L. Anderson. CCA 20180447. 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 DUE PROCESS RIGHT TO A SPEEDY POST-TRIAL REVIEW HAS BEEN DENIED.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 21-0145/AR. U.S. v. Terron S. Clemmons. CCA 20180581. Appellant's motion to supplement the record is denied.

 

No. 21-0231/AF. U.S. v. Jonathan D. Painter. CCA 39646. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 13, 2021.

 

No. 21-0232/MC. U.S. v. Findley C. K. Schultz. CCA 202000040. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 13, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 22, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0231/AF. U.S. v. Jonathan D. Painter. CCA 39646.

No. 21-0232/MC. U.S. v. Findley C. K. Schultz. CCA 202000040.

 

Interlocutory Orders

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. It is ordered that the briefs of the Appellant and Appellee, and the reply of the Appellant, if any, in the above-captioned case may be filed electronically, but should counsel file said pleadings in a paper format, such pleadings shall conform in all respects to the requirements of Rule 37(a), Rules of Practice and Procedure, with the additional requirement that they be printed on 3-hole pre-punched paper. Additionally, the joint appendix shall be printed on 3-hole pre-punched paper and otherwise comply in all respects with Rule 24(f)(2). The briefs and the reply, if any, shall be divided into the following parts:

 

Part A shall set forth systemic issues and case-specific issues raised before the Court of Criminal Appeals but not previously decided by this Court, Part B shall set forth all issues not raised before the court below, Part C shall set forth systemic issues previously decided by this Court but raised to avoid waiver, these issues may be listed without argument as an exception to Rule 24(a), but must cite pertinent authority to support the position taken. All exhibits cited in the pleadings filed before this Court shall be included in the joint appendix.

 

No. 21-0230/AR. U.S. v. Jason M. Sartori. CCA 20190052. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 11, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 21, 2021

 

Petition for Grant of Review Filed

 

No. 21-0230/AR. U.S. v. Jason M. Sartori. CCA 20190052.

 

Petitions for Grant of Review Denied

 

No. 21-0152/AF. U.S. Michael T. Meier. CCA 39759.

No. 21-0167/AF. U.S. v. Jacob D. Lozicki. CCA 39643.

No. 21-0191/AR. U.S. v. Jorge L. Cedeno-Marquez. CCA 20200255.

 

Interlocutory Orders

 

No. 21-0150/NA. United States, Appellee/Cross-Appellant v. Paul E. Cooper, Appellant/Cross-Appellee. CCA 201500039. Appellant/Cross-Appellee's motion to extend time to file a brief is granted to April 28, 2021.

 

No. 21-0154/MC. U.S. v. Vincent D. Taman, Jr. CCA 201900175. Appellant's motion to file the supplement to the petition for grant of review out of time is granted.

 

Hearings

 

No. 21-0042/AR. U.S. v. Danny L. McPherson. CCA 20180214.

No. 20-0366/AR. U.S. v. Thomas M. Adams. CCA 20130693.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 20, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0228/AR. U.S. v. Abdul M. Shuford. CCA 20190594.

No. 21-0229/AR. U.S. v. Randy D. White. CCA 20190194.

 

Interlocutory Orders

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of the motion filed by Protect Our Defenders to require the parties to file redacted copies of briefs filed under seal, it is ordered that the motion is denied without prejudice to refiling the motion as an amicus curiae.

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of the above-referenced case, it is ordered that Appellant will refile a redacted brief and Joint Appendix that redact only sealed or sensitive matters not already disclosed by the CCA in its published opinion or included in Vol. I of the Joint Appendix within 14 days of the date of this order.

 

No. 21-0228/AR. U.S. v. Abdul M. Shuford. CCA 20190594. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 10, 2021.

 

Petition for Reconsideration Denied

 

No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. On consideration of Appellant's petition for reconsideration of this Court's decision, United States v. Scott, __M.J.__ (C.A.A.F. 2021), it is ordered that the petition for reconsideration is denied.

 

Hearings

 

No. 21-0030/AF. U.S. v. Kalab D. Willman. CCA 39642.

No. 20-0195/AR. U.S. v. Jeremy N. Navarette. CCA 20160786.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 19, 2021

 

Miscellaneous Docket - Summary Disposition

 

No. 21-0225/AF. In re United States, Petitioner. Christina M. Jimenez, Respondent. Matthew C. Harrington, Real Party in Interest. CCA 2020-02. On consideration of the petition for extraordinary relief in the nature of writ of mandamus, and the motions filed by Special Victim Counsel Program, Department of the Air Force, to appear pro hac vice and to file a brief as amicus curiae, it is ordered that the motions are granted, and the petition is denied.

 

Orders Granting Petition for Review

 

No. 21-0069/AF. U.S. v. Jerard Simmons. CCA 39342. 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 IN ALLOWING THE GOVERNMENT TO MAKE A MAJOR CHANGE TO A SPECIFICATION, OVER DEFENSE OBJECTION ALMOST TRIPLING THE CHARGED TIME FRAME AFTER THE COMPLAINING WITNESS'S TESTIMONY DID NOT SUPPORT THE OFFENSE AS ORIGINALLY CHARGED AND THE PROSECUTION HAD RESTED ITS CASE.

 

Briefs will be filed under Rule 25.*

 

* The Clerk of the Court is ordered to seal pages 11-14 of the record of trial (Military Rule of Evidence 412 hearing).

 

No. 21-0158/AR. U.S. v. Floyd C. Guyton, Jr. CCA 20180103. 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. WHETHER APPELLANT WAS DENIED THE RIGHT TO A SPEEDY TRIAL UNDER RCM 707 AND THE SIXTH AMENDMENT TO THE CONSTITUTION.

 

II. WHETHER THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ERRED BY PURPORTING TO AFFIRM "FORFEITURE OF ALL PAY AND ALLOWANCES" WHERE THE CONVENING AUTHORITY DISAPPROVED SUCH PUNISHMENT. SEE ARTICLE 66(c), UCMJ.

 

Briefs will be filed under Rule 25 on Issue I only.

 

Interlocutory Orders

 

No. 21-0204/AR. U.S. v. Kevin S. Arce. CCA 20190518. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to April 23, 2021.

 

No. 21-0225/AF. In re United States. CCA 2020-02. On consideration of the petition for extraordinary relief in the nature of writ of mandamus, and the motions filed by Special Victim Counsel Program, Department of the Air Force, to appear pro hac vice and to file a brief as amicus curiae, it is ordered that the motions are granted, and the petition is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 16, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0226/AR. U.S. v. Deshawn E. Sturkey. CCA 20200351.

No. 21-0227/AR. U.S. v. Kevin Zazueta. CCA 20200188.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 15, 2021

 

Interlocutory Orders

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellee's second motion to extend time to file a brief is granted to April 22, 2021.

 

No. 21-0223/AF. U.S. v. Brian A. Batson. CCA 39637. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 5, 2021.

 

No. 21-0224/AR. U.S. v. Hashim M. Miller. CCA 20200170. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 5, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 14, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0223/AF. U.S. v. Brian A. Batson. CCA 39637.

No. 21-0224/AR. U.S. v. Hashim M. Miller. CCA 20200170.

 

Petitions for Grant of Review Denied

 

No. 21-0055/AR. U.S. v. Erick I. Nuno. CCA 20190066.

No. 21-0171/AR. U.S. v. Raymundo Solorzano. CCA 20200089.

 

Miscellaneous Docket - Filing

 

No. 21-0225/AF. In re United States, Petitioner v. Christina M. Jimeniz, Respondent Matthew C. Harrington, Real Party in Interest. CCA 2020-02. 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.

 

Order Granting Petition for Review

 

No. 21-0135/AF. U.S. v. D'Andre M. Johnson. CCA 39676. 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 MILITARY JUDGE PLAINLY ERRED BY PERMITTING TRIAL COUNSEL TO ARGUE FACTS NOT IN EVIDENCE.

 

II. DURING CLEMENCY, APPELLANT DETAILED THE DEPLORABLE CONDITIONS OF HIS POST-TRIAL CONFINEMENT. ON APPEAL, HE PROVIDED SUPPLEMENTARY INFORMATION ON THESE CONDITIONS TO SUPPORT HIS CLAIMS OF CRUEL AND UNUSUAL PUNISHMENT AND TO SEEK SENTENCE RELIEF. DID THE LOWER COURT ERR WHEN IT DECIDED IT COULD NOT CONSIDER THIS SUPPLEMENTARY EVIDENCE FOR ITS SENTENCE APPROPRIATENESS REVIEW?

 

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 13, 2021

 

Petitions for Grant of Review Denied

 

No. 21-0076/MC. U.S. v. James A. Hale III. CCA 201600015.

No. 21-0142/AR. U.S. v. Shawn E. Ellis. CCA 20190279.

No. 21-0157/AF. U.S. v. Jonathan D. Citsay. CCA 39712.

No. 21-0165/AR. U.S. v. Hubert W. Steptoe. CCA 20200208.

No. 21-0169/AR. U.S. Alan I. Cespedes-Marino. CCA 20190728.

No. 21-0180/AR. U.S. v. Linvin C. Doty. CCA 20200287.

No. 21-0182/AR. U.S. v. James E. Bowman, Jr. CCA 20190396.

 

Interlocutory Orders

 

No. 21-0052/NA. U.S. v. Virginia S. Moratalla. CCA 201900073. Appellant's motion to extend time to file a brief is granted to April 28, 2021.

 

No. 21-0076/MC. U.S. v. James A. Hale III. CCA 201600015. On consideration of Appellant's motions to remand the case and to supplement the record, it is ordered that the motion to remand the case is denied, and the motion to supplement the record is granted.

 

No. 21-0196/AF. U.S. v. Ryan J. Michalec. CCA 39771. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 5, 2021.

 

No. 21-0218/MC. U.S. v. Noah F. Martin-Moore. CCA 201900250. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 3, 2021.

 

No. 21-0219/AR. U.S. v. Conner B. Hiser. CCA 20190325. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 3, 2021.

 

Mandate Issued

 

No. 20-0176/NA. U.S. v. Darrius D. Upshaw. CCA 201600053.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 12, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0220/AR. U.S. v. Kevin L. Smith. CCA 20190832.

No. 21-0221/AR. U.S. v. Thomas M. Walker. CCA 20200210.

 

Petition for Grant of Review - Summary Disposition

 

No. 21-0138/NA. U.S. v. Calvin Halfacre. CCA 201900210. 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, and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.*

 

* It is directed that the promulgating order be corrected to accurately reflect that Appellant pleaded guilty to each specification under Charge II excepting the language "was to the prejudice of good order and discipline in the armed forces and" in each specification and guilty to Charge II.

 

Certificate for Review Filed

 

No. 21-0222/NA. U.S. v. Chase T. Miller. CCA 201900234. Notice is hereby 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:

 

DID THE LOWER COURT ERR IN FINDING THE CONVENING AUTHORITY ABUSED HIS DISCRETION UNDER R.C.M. 1109 BY ACTING AFTER APPELLEE SUBMITTED R.C.M. 1106 CLEMENCY MATTERS BUT BEFORE THE MILITARY JUDGE ISSUED HIS WRITTEN POST-TRIAL RULING?

 

DID THE LOWER COURT ERR IN FINDING THAT THE STAFF JUDGE ADVOCATE'S REVIEW WAS UNINFORMED UNDER R.C.M. 1109 WHERE THE REVIEW WAS COMPLETED AFTER APPELLEE SUBMITTED R.C.M. 1106 CLEMENCY MATTERS AND REVIEW OF THE MILITARY JUDGE'S POST-TRIAL RULING WAS NOT REQUIRED UNDER R.C.M. 1109?

 

DID THE LOWER COURT ERR IN FINDING THAT THE POST-ACTION WRITTEN RULING WAS A SUBSTANTIAL OMISSION WHERE THE RULING WAS NOT AN R.C.M. 1106 MATTER AND NOTHING IN THE NEW RULES REQUIRED THE CONVENING AUTHORITY TO CONSIDER THE RULING PRIOR TO TAKING ACTION UNDER R.C.M. 1109 EVEN IF INCLUDED IN THE RECORD OF TRIAL?

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 12th day of May, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 9, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0218/MC. U.S. v. Noah F. Martin-Moore. CCA 201900250.

No. 21-0219/AR. U.S. v. Conner B. Hiser. CCA 20190325.

 

Miscellaneous Docket - Summary Disposition

 

No. 21-0207/AF. In re Tyler D. Coovert. v. U.S. CCA 39848. On consideration of the petition for extraordinary relief in the nature of writ of prohibition or, in the alternative, a writ of mandamus, it is ordered that the petition is denied.

 

Interlocutory Orders

 

No. 21-0214/AF. U.S. v. Gregory C.S. Merritt II. CCA 39754. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 29, 2021.

 

No. 21-0216/NA. U.S. v. Joseph R. Nelson. CCA 201900239. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 29, 2021.

 

No. 21-0217/AF. U.S. v. Sean M. Miller. CCA 39747. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 29, 2021.

 

Petition for Reconsideration Denied

 

No. 20-0293/CG. U.S. v. Juan A. Guzman. CCA 1461. Appellant's petition for reconsideration of this Court's order issued March 16, 2021 is denied.

 

Mandate Issued

 

No. 20-0286/AF. U.S. v. Jacob M. Ozbirn. CCA 39556.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 8, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0215/AR. U.S. v. Julian D. Wiggins. CCA 20190289.

No. 21-0216/NA. U.S. v. Joseph R. Nelson. CCA 201900239.

No. 21-0217/AF. U.S. v. Sean M. Miller. CCA 39747.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 7, 2021

 

Petition for Grant of Review Filed

 

No. 21-0214/AF. U.S. v. Gregory C.S. Merritt II. CCA 39754.

 

Petitions for Grant of Review Denied

 

No. 21-0099/NA. U.S. v. Kondali A. Kangha. CCA 201900202.

No. 21-0124/AR. U.S. v. Michael A. Horner. CCA 20190249.

No. 21-0178/AR. U.S. v. Gaige P. Wynne. CCA 20200274.

 

Order Granting Petition for Review

 

No. 21-0184/AR. U.S. v. Joseph P. Popp. CCA 20190333. 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 THE ARMY COURT OF CRIMINAL APPEALS HAD JURISDICTION WHERE THE CONVENING AUTHORITY ELECTED TO TAKE NO ACTION ON THE SENTENCE FOR A SPECIFICATION ALLEGING THE COMMISSION OF AN OFFENSE BEFORE JANUARY 1, 2019.

 

No briefs will be filed under Rule 25.

 

Interlocutory Order

 

No. 21-0089/MC. U.S. v. Jonathan Quezada. CCA 201900115. Appellant's motion to extend time to file a brief and the joint appendix is granted to May 24, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 6, 2021

 

Petition for Grant of Review Filed

 

No. 21-0213/AR. U.S. v. Carlos J. Valentin. CCA 20190075.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 5, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0211/AR. U.S. v. Brandin J. Byers. CCA 20200097.

No. 21-0212/AR. U.S. v. Rashad S. Rickards. CCA 20190229.

 

Miscellaneous Docket - Summary Disposition

 

No. 21-0186/NA. In re Alan D. Dorrbecker. CCA 201700347. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus, it is ordered that the petition is dismissed for lack of jurisdiction.

 

Interlocutory Orders

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellee's motion to extend time to file a brief is granted to April 19, 2021.

 

No. 21-0209/AF. U.S. v. Michael P. Baird. CCA 39768. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 26, 2021.

 

No. 21-0210/AR. U.S. v. Marqavius Greene. CCA 39731. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 26, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 2, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0209/AF. U.S. v. Michael P. Baird. CCA 39768.

No. 21-0210/AF. U.S. v. Marqavius Greene. CCA 39731.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 1, 2021

 

Petition for Grant of Review Filed

 

No. 21-0208/AR. U.S. v. Tyler A. Jansen. CCA 20200414.

 

Interlocutory Orders

 

No. 21-0030/AF. U.S. v. Kalab D. Willman. CCA 39642. Appellee's motion to file a corrected brief is granted.

 

No. 21-0205/AF. U.S. v. Dylan S. Hale. CCA 39724. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 21, 2021.

 

No. 21-0206/AF. U.S. v. Anthony W. Harris, Jr. CCA 39640. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 21, 2021.



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