UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 26, 2021
Petition for Grant of Review Filed
No.
21-0175/AR. U.S. v. Michael A. Robinson. CCA 20190231.
Mandate Issued
No.
20-0267/AF. U.S. v. Ryan G. Uribe. CCA 39559.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 25, 2021
Petition for Grant of Review Filed
No.
21-0174/AR. U.S. v. Julian P. Payne. CCA 20200165.
Interlocutory Order
No.
21-0172/MC. U.S. v. Timothy A. Irvin. CCA 201900174. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to March 17, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 24, 2021
Petitions for Grant of Review Filed
No.
21-0171/AR. U.S. v. Raymundo Solorzano. CCA 20200089.
No.
21-0172/MC. U.S. v. Timothy A. Irvin. CCA 201900174.
No.
21-0173/AR. U.S. v. Pablo Padilla. CCA 20200213.
Interlocutory Orders
No.
21-0145/AR. U.S. v. Terron S. Clemmons. CCA 20180581. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to March 8, 2021.
No.
21-0149/NA. United States, Appellee/Cross-Appellant v. Paul E. Cooper,
Appellant/Cross-Appellee. CCA 201500039. Appellant/Cross-Appellee's second
motion to extend time to file the supplement to the petition for grant of
review is granted to March 11, 2021.
No.
21-0150/NA. . CCA 201500039. United States, Appellee/Cross-Appellant v. Paul E.
Cooper, Appellant/Cross-Appellee Appellee/Cross-Appellant's motion to extend
time to file a brief is granted to March 22, 2021.
No.
21-0167/AF. U.S. v. Jacob D. Lozicki. CCA 39643. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 16, 2021.
No.
21-0168/AF. U.S. v. Jose L.C. Cortes. CCA 39660. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 16, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 23, 2021
Petitions for Grant of Review Filed
No.
21-0168/AF. U.S. v. Jose L.C. Cortes. CCA 39660.
No.
21-0169/AR. U.S. v. Alan I. Cespedes-Marino. CCA 20190728.
No.
21-0170/AR. U.S v. Jerry D. Cleveland. CCA 20170496.
Interlocutory Orders
No.
20-0217/NA. United States, Appellee/Cross-Appellant v. Stephen A. Begani,
Appellant/Cross-Appellee. CCA 201800082. On consideration of the motion filed
by Protect Our Defenders to file a brief as amicus
curiae in support of Appellee/Cross-Appellant, it is ordered that the
motion is granted.
No.
21-0141/MC. A.J.W., Appellant v. United States, Appellee, and Tyrell T. Green,
Lance Corporal (E-3), U.S. Marine Corps, Real Party in Interest. CCA 202000084.
On consideration of the motion filed by Appellant to extend time to file a
reply brief, it is ordered that the motion is granted to March 2, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 22, 2021
Petitions for Grant of Review Denied
No.
21-0027/AR. U.S. v. Erick C. Black. CCA 20180683.
No.
21-0064/AF. U.S. v. Brian M. Schmitt. CCA 39688.
No.
21-0090/AR. U.S. v. David N. Munoz. CCA 20180670.
No.
21-0096/AR. U.S. v. Manuel B. Castro. CCA 20190580.
Orders Granting Petition for Review
No. 21-0059/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 granted on the following issue:
THE
ADMISSIBILITY OF EVIDENCE SEIZED AFTER AN ILLEGAL APPREHENSION IS GOVERNED BY BROWN v. ILLINOIS, 422 U.S. 590 (1975).
DID THE LOWER COURT ERR BY FAILING TO APPLY BROWN
DESPITE FINDING APPELLANT WAS ILLEGALLY APPREHENDED?
Briefs
will be filed under Rule 25.
No. 21-0085/AR. U.S. v. John T. Long.
CCA 20150160.
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
THE ARMY COURT ERRED IN CONCLUDING THE IMPERMISSIBLE USE OF CHARGED SEXUAL
MISCONDUCT AS PROPENSITY EVIDENCE WAS HARMLESS BEYOND A REASONABLE DOUBT.
II.
WHETHER APPELLANT'S CONVICTION FOR RAPE
OF A CHILD WAS LEGALLY SUFFICIENT WHERE THE GOVERNMENT PRESENTED NO EVIDENCE OF
THE CHARGED SEXUAL ACT.
III.
WHETHER THE ARMY COURT ABUSED ITS DISCRETION IN REASSESSING THE SENTENCE.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 19, 2021
Petitions for Grant of Review Filed
No.
21-0166/AR. U.S. v. Michael A. Camarillo. CCA 20190324.
No.
21-0167/AF. U.S. v. Jacob D. Lozicki. CCA 39643.
Miscellaneous Docket - Summary
Disposition
No. 21-0148/AR. Eric D. Barnes,
Petitioner v. United States, Respondent. On consideration of the petition for
extraordinary relief in the nature of a writ of mandamus in the form of
clemency, it is ordered that the petition is dismissed.
Interlocutory Orders
No.
21-0122/AR. U.S. v. Corey J. Aguilar. CCA 20190611. Appellee's motion to file a
10-day letter out of time is denied.
No.
21-0165/AR. U.S. v. Hubert W. Steptoe. CCA 20200208. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to March 11, 2021.
Mandate Issued
No.
20-0019/AF. U.S. v. Jared D. Bavender. CCA 39390.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 18, 2021
Petition for Grant of Review Filed
No.
21-0165/AR. U.S. v. Hubert W. Steptoe. CCA 20200208.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 17, 2021
Petitions for Grant of Review Filed
No.
21-0163/AR. U.S. v. Angelo C. Hernandezdianda. CCA
20200226.
No.
21-0164/AR. U.S. v. Curtis Waters. CCA 20180604.
Petitions for Grant of Review Denied
No.
21-0035/AF. U.S. v. George L. Lull. CCA 39555.
No.
21-0067/AR. U.S. v. Erick A. Barchers. CCA 20180648.
No.
21-0080/AF. U.S. v. Jenna E. Shouey. CCA 39684.
No.
21-0095/AR. U.S. v. Christiana F. Haviland. CCA
20190515.
No.
21-0108/AR. U.S. v. Jonathan F. Badgett. CCA
20190177.
No.
21-0118/AR. U.S. v. Jkyre B. Swoll.
CCA 20190756.
Interlocutory Order
No.
21-0141/MC. A.J.W., Appellant v. United States, Appellee and Tyrell T. Green,
Lance Corporal (E-3), U.S. Marine Corps, Real Party In Interest. CCA 202000084.
On consideration of the motion filed by the Real Party in Interest to extend
time to file a responsive pleading to the writ-appeal petition, it is ordered
that the motion is granted to February 22, 2021.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 16, 2021
Petitions for Grant of Review Filed
No.
21-0161/AF. U.S. v. Zachre M. Hayes. CCA 39736.
No.
21-0162/AR. U.S. v. Jacob G. Griego. CCA 20160487.
Order Granting Petition for Review
No. 21-0086/AR. U.S. v. Ronald C.
Givens. CCA 20190132.
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 MILITARY JUDGE ERRED IN DENYING THE DEFECTIVE PREFERRAL/UNLAWFUL COMMAND
INFLUENCE MOTION ON PROCEDURAL GROUNDS.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
21-0014/AF. U.S. v. David R. Kane. CCA 39590. Appellant's motion for leave to
file a petition for reconsideration out of time is denied.
No.
21-0125/AF. U.S. v. Grabel P.M. Guerrero. CCA 39716. Appellant's motion for
leave to attach is denied.
No.
21-0129/NA. U.S. v. Kenneth Olaya. CCA 201900211. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to March 2, 2021.
No.
21-0141/MC. U.S. v. A.J.W. CCA 202000084. Appellee's motion to extend time to
file an answer to the writ-appeal petition is granted to February 22, 2021.
No.
21-0152/AF. U.S. v. Michael T. Meier. CCA 39759. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to March
8, 2021.
No.
21-0154/MC. U.S. v. Vincent D. Taman, Jr. CCA 201900175. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to March 8, 2021.
No.
21-0157/AF. U.S. v. Jonathan D. Citsay. CCA 39712. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 8, 2021.
Mandate Issued
No.
20-0168/AF. U.S. v. Kevin S. Chandler. CCA S32534.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 12, 2021
Petitions for Grant of Review Filed
No.
21-0159/AR. U.S. v. Ryan D. Harvey. CCA 20200192.
No.
21-0160/AR. U.S. v. Christopher R. Salcido. CCA
20200172.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 11, 2021
Petitions for Grant of Review Filed
No.
21-0157/AF. U.S. v. Jonathan D. Citsay. CCA 39712.
No.
21-0158/AR. U.S. v. Floyd C. Guyton, Jr. CCA 20180103.
Mandate Issued
No.
20-0090/AR. U.S. v. Jesus D. Cardenas. CCA 20180416.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 10, 2021
Petitions for Grant of Review Filed
No.
21-0155/AR. U.S. v. Omar A. Hernandez. CCA 20160217.
No.
21-0156/AR. U.S. v. Jon A. Childs. CCA 20190845.
Hearings
No.
20-0340/AF. U.S. v. Eric R. Proctor. CCA S32554.
No.
21-0025/AF. U.S. v. Matthew C. Harrington. CCA 2020-02.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 9, 2021
Petition for Grant of Review Filed
No.
21-0154/MC. U.S. v. Vincent D. Taman, Jr. CCA 201900175.
Interlocutory Orders
No.
21-0127/NA. U.S. v. Joseph L. Hunter. CCA 201900154. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to February 23, 2021.
No.
21-0146/AF. U.S. v. Cory J. Frantz. CCA 39657. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 1, 2021.
No.
21-0149/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 the supplement to the petition for grant of review is granted
to March 1, 2021.
Hearings
No.
20-0252/AF. U.S. v. Rodney M. Tyler. CCA 39572.
No.
20-0286/AF. U.S. v. Jacob M. Ozbirn. CCA 39556.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 8, 2021
Petitions for Grant of Review Filed
No.
21-0146/AF. U.S. v. Cory J. Frantz. CCA 39657.
No.
21-0147/AR. U.S. v. David Perez-Sanchez. CCA 20200175.
No.
21-0149/NA. U.S. v. Paul E. Cooper. CCA 201500039.
No.
21-0151/AR. U.S. v. Kyle B. Miller. CCA 20190532.
No.
21-0152/AF. U.S. v. Michael T. Meier. CCA 39759.
No.
21-0153/AR. U.S. v. Louis F. Espinosa III. CCA 20190539.
Petitions for Grant of Review Denied
No.
21-0018/AF. U.S. v. Damon P. Linck. CCA 39627.
No.
21-0029/AR. U. S. v. Robert L. Worsham. CCA 20180552.
No.
21-0060/NA. U.S. v. Misael Roman-Morales. CCA 202000049.
No.
21-0092/AR. U.S. v. Salvador M. Donida. CCA 20190531.
Miscellaneous Docket - Filing
No.
21-0148/AR. Eric D. Barnes, Petitioner v. United States, Respondent. Notice is
given that a petition for extraordinary relief in the nature of a writ of
mandamus in the form of clemency was filed under Rule 27(a) on this date.
Certificate for Review Filed
No. 21-0150/NA. United States, Appellee/Cross-Appellant
v. Paul E. Cooper, Appellant/Cross-Appellee. CCA 201500039. 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.
DID
THE LOWER COURT ERR APPLYING UNITED STATES V. CHIN, 75 M.J. 220
(C.A.A.F. 2016), (A) AS A PREREQUISITE TO CONSIDERING INEFFECTIVE ASSISTANCE OF
COUNSEL, AND (B) TO DISREGARD THE KNOWING, VOLUNTARY, AND R.C.M. 905 WAIVERS,
OF INDIVIDUAL MILITARY COUNSEL?
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
the 10th day of March 2021.
Interlocutory Orders
No.
20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellant's motion to
extend time to file a brief is granted to March 1, 2021.
No.
20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellant's motion for
leave to examine sealed portions of the record is granted.
No.
21-0142/AR. U.S. v. Shawn E. Ellis. CCA 20190279. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 1, 2021.
No.
21-0143/AF. U.S. v. Steven L. Newt. CCA 39629. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 1, 2021.
Petition for Reconsideration Denied
No.
20-0336/AF. U.S. v. Brandon L. Snyder. CCA 39470. Appellant's petition for
reconsideration of this Court's order issued November 13, 2020 is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 5, 2021
Petition for Grant of Review Filed
No.
21-0145/AR. U.S. v. Terron S. Clemmons. CCA 20180581.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 4, 2021
Petitions for Grant of Review Filed
No.
21-0143/AF. U.S. v. Steven L. Newt. CCA 39629.
No.
21-0144/AR. U.S. v. Lionel Garcia, Jr. CCA 20200244.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 3, 2021
Petition for Grant of Review Filed
No.
21-0142/AR. U.S. v. Shawn E. Ellis. CCA 20190279.
Petitions for Grant of Review Denied
No.
21-0082/AR. U.S. v. Charles S. Gergel. CCA 20190741.
No.
21-0083/AR. U.S. v. Sagar Patel. CCA 20190797.
No.
21-0097/NA. U.S. v. Caleb P. Stanley. CCA 202000116.
No.
21-0098/AR. U.S. v. Andre J. Felton. CCA 20190214.
No.
21-0103/AR. U.S. v. Drew L. Detherow. CCA 20200121.
No.
21-0112/AR. U.S. v. Bryan T. Carter. CCA 20200048.
No.
21-0113/AR. U.S. v. Brandon J. Kosiek. CCA 20200148.
No.
21-0116/AR. U.S. v. Steven W. Sims. CCA 20200138.
No.
21-0128/AR. U.S. v. Daniel W. Wolfe. CCA 20200209.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 2, 2021
Miscellaneous Docket - Filing
No.
21-0141/MC. A.J.W., Appellant v. United States, Appellee and Tyrell T. Green,
Lance Corporal (E-3), U.S. Marine Corps, Real Party in Interest. CCA 202000084.
Notice is given that a writ-appeal petition for review of the decision of the
United States Navy-Marine Corps Court of Criminal Appeals on application for
extraordinary relief was filed under Rule 27(b) on this date.
Miscellaneous Docket - Summary
Disposition
No. 21-0091/AR. Robert B. Bergdahl,
Appellant v. United States, Appellee. CCA 20200588. On consideration of the
writ-appeal petition, it is ordered that the petition is denied.
Interlocutory Orders
No.
21-0014/AF. U.S. v. David R. Kane. CCA 39590. Appellant's motion for suspension
of Court Rules is denied.
No.
21-0017/AR. U.S. v. Clovis H. Castro. CCA 20190408. Appellant's motion to
extend time to file a reply brief is granted to February 11, 2021.
No.
21-0018/AF. U.S. v. Damon P. Linck. CCA 39627. On consideration of Appellant's
motion for leave to attach, and motion for leave to file Issue V and Appendix B
of the supplement to the petition for grant of review under seal, and
Appellee's motion for leave to file an answer to Issues V and VI under seal, it
is ordered that the motions are granted.
No.
21-0076/MC. U.S. v. James A. Hale III. CCA 201600015. Appellant's fourth motion to extend time to file the supplement to the petition for grant of review is granted to February 12, 2021.
No.
21-0094/AF. U.S. v. Matthew L. Gillian. CCA 39692. Appellant's motion to
withdraw the petition for grant of review is granted.
No.
21-0109/AR. U.S. v. Sergio A. Reyes-Lesmes. CCA 20180396. Appellant's motion to
amend matters pursuant to United States
v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.
No.
21-0124/AR. U.S. v. Michael A. Horner. CCA 20190249. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to February 5, 2021.
No.
21-0138/NA. U.S. v. Calvin Halfacre. CCA 201900210. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to February 22, 2021.
Mandate Issued
No.
19-0449/AF. U.S. v. Ladarion D. Stanton. CCA 39161.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 1, 2021
Petitions for Grant of Review Filed
No.
21-0139/AR. U.S. v. Gabriel O. Inaboya. CCA 20200222.
No.
21-0140/AR. U.S. v. Jonathan D. Davenport. CCA 20200190.
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