UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 28, 2021

 

Petition for Grant of Review Filed

 

No. 21-0272/MC. U.S. v. Barnabas E. Pearson. CCA 201900314.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 27, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0269/MC. U.S. v. Chad M. Whitehead. CCA 202000196.

No. 21-0270/AR. U.S. v. Alec J. Olson. CCA 20190267.

No. 21-0271/MC. U.S. v. Malcolm E. Speight. CCA 202000099.

 

Miscellaneous Docket - Summary Disposition

 

No. 21-0254/AR. In re David J. Rudometkin. CCA 20180058. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that the petition is denied without prejudice to Petitioner's right to raise the matters asserted during the course of normal appellate review.

 

Mandate Issued

 

No. 19-0384/AR. U.S. v. Michael J. Guinn. CCA 20170500.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 26, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0267/AR. U.S. v. Mark W. Christensen. CCA 20190197.

No. 21-0268/AR. U.S. v. Fred L. Burgess, Jr. CCA 20200055.

 

Hearings

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325.

No. 21-0137/AF. U.S. v. Robert J. Hernandez. CCA 39606.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 25, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0264/NA. U.S. v. Ray D. Braimer. CCA 201900271.

No. 21-0265/AR. U.S. v. Taylor R. McGough. CCA 20200637.

No. 21-0266/AF. U.S. v. Dylan A. Samudio. CCA S32620.

 

Petition for Grant of Review Denied

 

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

 

Interlocutory Orders

 

No. 21-0089/MC. U.S. v. Jonathan Quezada. CCA 201900115. Appellant's second motion to extend time to file a brief and the joint appendix is granted to May 27, 2021.

 

No. 21-0258/AR. U.S. v. James L. Dongarra III. CCA 20200633. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 14, 2021.

 

No. 21-0261/MC. U.S. v. Derrick D. Berrian. CCA 201900310. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 14, 2021.

 

No. 21-0262/AF. U.S. v. Zachary W. Rothe. CCA 39817. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 14, 2021.

 

No. 21-0264/NA. U.S. v. Ray D. Braimer. CCA 201900271. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 14, 2021.

 

No. 21-0266/AF. U.S. v. Dylan A. Samudio. CCA S32620. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 14, 2021.

 

Hearings

 

No. 21-0085/AR. U.S. v. John T. Long. CCA 20150160.

No. 21-0111/AR. U.S. v. Jesse M. Thompson. CCA 20180519.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 24, 2021

 

Petition for Grant of Review Filed

 

No. 21-0263/AR. U.S. v. Angel I. Spencer. CCA 20190762.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 21, 2021

 

Petition for Grant of Review Filed

 

No. 21-0262/AF. U.S. v. Zachary W. Rothe. CCA 39817.

 

Order Granting Petition for Review

 

No. 21-0236/NA. U.S. v. Craig R. Becker. CCA 201900342. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. 862 (2018), it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE LOWER COURT ERRED IN ITS ABUSE OF DISCRETION ANALYSIS BY FAILING TO GIVE THE TRIAL JUDGE'S FINDINGS OF FACT DEFERENCE, SUBSTITUTING ITS OWN DISCRETION FOR THE MILITARY JUDGE'S, AND ENGAGING IN FACT-FINDING BEYOND THE SCOPE OF ARTICLE 62 REVIEW.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 20, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0260/AR. U.S. v. Zachary L. Tillman. CCA 20200305.

No. 21-0261/MC. U.S. v. Derrick D. Berrian. CCA 201900310.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 19, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0257/AR. U.S. v. Gary A. Hemmingsen. CCA 20180611.

No. 21-0258/AR. U.S. v. James L. Dongarra III. CCA 20200633.

No. 21-0259/AR. U.S. v. Courage Kamara, Jr. CCA 20200322.

 

Interlocutory Orders

 

No. 21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. Appellant's motion to extend time to file a brief and the joint appendix is granted to July 13, 2021.

 

No. 21-0255/NA. U.S. v. Samuel D. Drinkert. CCA 201900275. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 8, 2021.

 

No. 21-0256/NA. U.S. v. Andrew M. Garrett. CCA 202000028. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 8, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 18, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0255/NA. U.S. v. Samuel D. Drinkert. CCA 201900275.

No. 21-0256/NA. U.S. v. Andrew M. Garrett. CCA 202000028.

 

Order Granting Petition for Review

 

No. 21-0219/AR. U.S. v. Conner B. Hiser. CCA 20190325. 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 ABUSED HER DISCRETION BY ACCEPTING APPELLANT'S GUILTY PLEA TO A VIOLATION OF ARTICLE 117a, UCMJ, WHEN APPELLANT POSTED INTIMATE VIDEOS OF A PERSON UNDER CIRCUMSTANCES WHERE THE PERSON WAS NOT READILY IDENTIFIABLE AND THERE WAS NO REASONABLE CONNECTION TO THE MILITARY ENVIRONMENT.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 17, 2021

 

Petition for Grant of Review Denied

 

No. 21-0205/AF. U.S. v. Dylan S. Hale. CCA 39724.

 

Miscellaneous Docket - Filing

 

No. 21-0254/AR. IN re David J. Rudometkin. CCA 20180058. 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.

 

Interlocutory Orders

 

No. 21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. On consideration of the motion filed by Lieutenant Commander Chris Riedel for leave to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent appellant and that the new attorney has assumed the representation of said appellant. Accordingly, it is ordered that the motion is granted.

 

No. 21-0252/AF. U.S. v. Nicholas S. Babian. CCA S32593. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 7, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 14, 2021

 

Petition for Grant of Review Filed

 

No. 21-0253/AR. U.S. v. Nathen R. Elliott-Brown. CCA 20200332.

 

Order Granting Petition for Review

 

No. 21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. 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:

 

DID THE LOWER COURT CREATE AN UNREASONABLY BROAD SCOPE OF THE PSYCHOTHERAPIST-PATIENT PRIVILEGE BY AFFIRMING THE MILITARY JUDGE'S DENIAL OF DISCOVERY, DENYING REMAND FOR IN CAMERA REVIEW, AND DENYING APPELLANT'S CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL?

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 13, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0250/AR. U.S. v. Nathaniel J. Ashcroft. CCA 20200317.

No. 21-0251/AR. U.S. v. Jacob B. Weber. CCA 20190707.

No. 21-0252/AF. U.S. v. Nicholas S. Babian. CCA S32593.

 

Petitions for Grant of Review Denied

 

No. 21-0104/AR. U.S. v. Donovan D. Brooks. CCA 20180567.

No. 21-0188/AF. U.S. v. Blair V. Bauer. CCA 39732.

No. 21-0190/AF. U.S. v. Jordan L. Hickman. CCA 39811.

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

 

Interlocutory Orders

 

No. 21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043. Appellant's motion to extend time to file a brief and the joint appendix is granted to June 23, 2021.

 

No. 21-0249/AF. U.S. v. Brian S. Arnold. CCA 39479. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 2, 2021.

 

No. 21-0251/AR. U.S. v. Jacob B. Weber. CCA 20190707. On consideration of the motion filed by Major Catherine E. Godfrey for leave to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent appellant and that the new attorney has assumed the representation of said appellant. Accordingly, it is ordered that the motion is granted.

 

Mandates Issued

 

No. 20-0252/AF. U.S. v. Rodney M. Tyler. CCA 39572.

No. 20-0289/AR. U.S. v. Kevin M. Furth. CCA 20180191.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 12, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0248/AR. U.S. v. Frank K. Hertel II. CCA 20200348.

No. 21-0249/AF. U.S. v. Brian S. Arnold. CCA 39479.

 

Miscellaneous Docket - Summary Disposition

 

No. 21-0198/AF. Charles B. Justice, Appellant v. United States, Appellee. CCA 2021-01. On consideration of the writ-appeal petition, it is ordered that the petition is denied without prejudice to raising the issue during the course of normal appellate review, and the request for oral argument is denied as moot.

 

Interlocutory Orders

 

No. 20-0195/AR. U.S. v. Jeremy N. Navarette. CCA 20160786. On consideration of the motion filed by Major Catherine E. Godfrey for leave to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent appellant and that the new attorney has assumed the representation of said appellant. Accordingly, it is ordered that the motion is granted.

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of the motion filed by Protect Our Defenders to present oral argument as amicus curiae, it is ordered that the motion is denied.

 

No. 21-0104/AR. U.S. v. Donovan D. Brooks. CCA 20180567. On consideration of the motion filed by Major Catherine E. Godfrey for leave to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent appellant and that the new attorney has assumed the representation of said appellant. Accordingly, it is ordered that the motion is granted.

 

No. 21-0137/AF. United States, Appellant v. Robert J. Hernandez, Appellee. CCA 39606. Appellant's motion to correct errata is granted.

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's motion to extend time to file a brief is granted to July 23, 2021.

 

No. 21-0194/NA. U.S. v. Jayson W. Grant. CCA 201900212. Appellant's motion for leave to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 21-0204/AR. U.S. v. Kevin S. Arce. CCA 20190518. On consideration of the motion filed by Major Catherine E. Godfrey for leave to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent appellant and that the new attorney has assumed the representation of said appellant. Accordingly, it is ordered that the motion is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 11, 2021

 

Petition for Grant of Review Filed

 

No. 21-0247/AR. U.S. v. Elias Medina. CCA 20190628.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 10, 2021

 

Petition for Grant of Review Filed

 

No. 21-0246/AR. U.S. v. Stephen S. Lee. CCA 20180001. Notice is given that a petition for grant of review of the decision of the United States Army Court of Criminal Appeals was filed personally by the Appellant under Rule 20 on this date. Appellate defense counsel will file a supplement to said petition under Rule 21 on or before the 1st day of June, 2021.

 

Interlocutory Order

 

No. 21-0245/AF. U.S. v. Isaiah L. Edwards. CCA 39696. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 1, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 7, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0244/AR. U.S. v. Jorge E. Trigueros. CCA 20200401.

No. 21-0245/AF. U.S. v. Isaiah L. Edwards. CCA 39696.

 

Interlocutory Order

 

No. 21-0243/AF. U.S. v. Derrick O. Williams. CCA 39746. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 27, 2021.

 

Mandate Issued

 

No. 20-0221/MC. U.S. v. Thomas E. Mader III. CCA 201800276.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 6, 2021

 

Petition for Grant of Review Filed

 

No. 21-0243/AF. U.S. v. Derrick O. Williams. CCA 39746.

 

Petitions for Grant of Review Denied

 

No. 21-0072/AR. U.S. v. Corey D. Haggard. CCA 20190131.

No. 21-0121/AF. U.S. v. Marshall B. Ker. CCA 39715.

No. 21-0127/NA. U.S. v. Joseph L. Hunter. CCA 201900154.

No. 21-0181/AR. U.S. v. Justin c. Gaines. CCA 20190153.

No. 21-0192/AF. U.S. v. Clarence L. Jones III. CCA 39766.

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

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 5, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0240/AR. U.S. v. Matthew J. Lewandowski. CCA 20190714.

No. 21-0241/AR. U.S. v. Glenn S. Smith, Jr. CCA 20200229.

No. 21-0242/AR. U.S. v. Demetrius J. Slaughter. CCA 20200110.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 4, 2021

 

Miscellaneous Docket - Summary Disposition

 

No. 21-0187/AF. In re Evan L. Wescott. CCA 39936. On consideration of the petition for extraordinary relief in the nature of a writ of prohibition or, in the alternative, a writ of mandamus, it is ordered that the petition is denied.

 

Order Granting Petition for Review

 

No. 21-0201/AR. U.S. v. Adrian L. Ingram, Jr. CCA 20190610. 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.

 

Interlocutory Orders

 

No. 21-0150/NA. United States, Appellee/Cross-Appellant v. Paul E. Cooper, Appellant/Cross-Appellee. CCA 201500039. Appellee/Cross-Appellant's motion to extend time to file a reply brief is granted to May 15, 2021.

 

No. 21-0222/NA. United States, Appellant v. Chase T. Miller, Appellee. CCA 201900234. Appellant's motion to extend time to file a brief and joint appendix is granted to June 11, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 3, 2021

 

Interlocutory Orders

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellant's motion to extend time to file a reply brief is granted to May 5, 2021.

 

No. 21-0218/MC. U.S. v. Noah F. Martin-Moore. CCA 201900250. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 17, 2021.



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