UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, December 30,
2022
Petition for Grant of Review Filed
No.
23-0076/AF. U.S. v. Lucio Salamanca. CCA S32695.
Mandate Issued
No.
22-0122/AF. U.S. v. Katelyn L. Day. CCA 39962.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, December 28,
2022
Interlocutory Orders
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. On consideration of
Appellant's motion to extend time to submit matters pursuant to United
States v. Grostefon matters, it is ordered that the motion to submit Grostefon
matters is granted; and that the motion to extend time to file Grostefon
matters is denied as moot.
No.
23-0071/MC. U.S. v. Joseph W. Dudley, Jr. CCA 202200161. On consideration of
Appellant's motion to extend time to file the supplement to the petition for
grant of review, it is ordered that the motion is granted to January 17, 2023.
No.
23-0072/AF. U.S. v. Kevin Li. CCA S32632. On consideration of Appellant's
motion to extend time to file the supplement to the petition for grant of
review, it is ordered that the motion is granted to January 17, 2023.
No.
23-0074/AR. U.S. v. Patrick W. DeLess. CCA 20220317. On consideration of
Appellant's motion to extend time to file the supplement to the petition for
grant of review, it is ordered that the motion is granted to January 17, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, December 27,
2022
Petitions for Grant of Review Filed
No.
23-0071/MC. U.S. v. Joseph W. Dudley, Jr. CCA 202200161.
No.
23-0072/AF. U.S. v. Kevin Li. CCA S32632.
No.
23-0074/AR. U.S. v. Patrick W. Deless. CCA 20220317.
No.
23-0075/AF. U.S. v. Antoine M. Tarnowski. CCA 40110.
Miscellaneous Docket - Filing
No.
23-0073/AF. A.L., Appellant v. United States, Appellee and Theodore J. Slusher,
Captain, United States Air Force, Real Party in Interest. CCA 2022-12. Notice
is hereby given that a writ-appeal petition for review of the decision of the
United States Air Force Court of Criminal Appeals on application for
extraordinary relief in the nature of a writ of mandamus was filed under Rule
27(b) on this date.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, December 22,
2022
Interlocutory Orders
No.
20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of
Intervenor E.B.'s motion for a temporary stay of the order of the lower court,
it is ordered that the motion is granted until the Court decides the merits of
the motion to stay.
No.
22-0237/AF. U.S. v. Caleb A.C. Smith. CCA 40013. Appellant's motion to extend
time to file a reply brief is granted to January 4, 2023.
No.
23-0054/MC. U.S. v. Colton N. Evans. CCA 202100002. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to January 11, 2023.
No.
23-0055/MC. U.S. v. Travonte D. Williams. CCA 202100094. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to January 11, 2023.
No.
23-0058/AF. U.S. v. Won-Jun Kim. CCA 40057. Appellant's second motion to extend
time to file the supplement to the petition for grant of review is granted to
January 10, 2023.
No.
23-0061/CG. James D. Fink, Appellant v. Y.B., Aviation Maintenance Technician,
Third Class, U.S. Coast Guard and United States, Appellees. CCA 001-23.
Appellant's motion for a temporary stay of proceedings is granted, and the
proceedings are stayed until further order of the Court.
Court Closure
By order of the Chief Judge, the
United States Court of Appeals for the Armed Forces will be closed all day on
Friday, December 23, 2022.
For purposes of computation of time
and motions to enlarge time under the Court's Rules of Practice and Procedure,
December 23, 2022, will be considered a day when the Court is closed.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, December 21,
2022
Petition for Grant of Review Filed
No.
23-0070/AR. U.S. v. Moises Ortega. CCA 20220119.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, December 20,
2022
Petitions for Grant of Review Filed
No.
23-0068/AR. U.S. v. Jonathan L. Roebuck. CCA 20220021.
No.
23-0069/AR. U.S. v. Khaleed D. Barrett. CCA 20210639.
Interlocutory Order
No.
23-0067/MC. U.S. v. Gunnar I. Naughton. CCA 202100285. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to January 9, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, December 19,
2022
Petition for Grant of Review Filed
No.
23-0067/MC. U.S. v. Gunnar I. Naughton. CCA 202100285.
Interlocutory Order
No.
23-0036/AR. U.S. v. Sebastian Ventura. CCA 20210049. Appellant's third motion
to extend time to file the supplement to the petition for grant of review is
granted, but only up to and including December 30, 2022, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, December 16,
2022
Order Granting Petition for Review
No.
23-0038/AR. U.S. v. Mitchell A. Bentley. CCA 20210181. 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
APPELLANT WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO A UNANIMOUS VERDICT.
No
briefs will be filed under Rule 25.
Interlocutory Orders
No.
23-0065/AF. U.S. v. Cory Ramirez. CCA S32538. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to
January 5, 2023.
No.
23-0066/AF. U.S. v. Alexander L. Driskill. CCA 39889. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to January 17, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, December 15,
2022
Petitions for Grant of Review Filed
No.
23-0064/AF. U.S. v. John L. Tolano. CCA 40196.
No.
23-0065/AF. U.S. v. Cory Ramirez. CCA S32538.
No.
23-0066/AF. U.S. v. Alexander L. Driskill. CCA 39889.
Petitions for Grant of Review Denied
No.
23-0018/NA. U.S. v. Brett M. Lizotte. CCA 202100346.
No.
23-0031/AR. U.S. v. Mercedes Manning. CCA 20220173.
No.
23-0035/MC. U.S. v. Jordy J. Delafuente. CCA 202100080.
Order Granting Petition for Review
No.
22-0280/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 hereby granted
on the following issue:
WHETHER
MILITARY OFFICIALS ACTED WITH DELIBERATE INDIFFERENCE IN SENDING APPELLANT TO
LOWNDES COUNTY JAIL—A CIVILIAN CONFINEMENT CENTER WITH "A HISTORY OF INHUMANE
LIVING CONDITIONS"—AND WHETHER APPELLANT SUFFERED CRUEL AND UNUSUAL PUNISHMENT
THEREBY WHEN, INTER ALIA, CONFINEMENT OFFICIALS FAILED TO PROTECT HIM FROM
PHYSICAL ATTACK, WITHHELD HIS MAIL, WITHHELD VISITORS, AND WOULD NOT LET HIM GO
OUTSIDE WHILE HE LIVED IN UNSANITARY CONDITIONS.
No
briefs will be filed under Rule 25.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, December 14,
2022
Petition for Grant of Review Filed
No.
23-0063/AR. U.S. v. Kevin S. Miles. CCA 20210227.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, December 13,
2022
Petition for Grant of Review Filed
No.
23-0062/MC. U.S. v. Devan C. Un. CCA 202200102.
Petitions for Grant of Review Denied
No.
23-0007/AF. U.S. v. Dante J. Torello. CCA S32691.
No.
23-0030/AR. U.S. v. Exavier L. Jackson. CCA 20220020.
Petition for Grant of Review - Summary
Disposition
No.
23-0029/AR. U.S. v. Andre X. Tate. CCA 20200590. On consideration of
the petition for grant of review, and Appellant's motion to extend time to file
the supplement to the petition for grant of review and motion for appropriate
relief, it is ordered that the petition is dismissed for lack of jurisdiction
without prejudice to filing a second petition in the course
of normal appellate review; and that the motions are denied as moot.
Order Granting Petition for Review
No.
23-0027/AF. U.S. v. James T. Cunningham. CCA 40093. 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 issues:
I.
WHETHER
THE AIR FORCE COURT PROPERLY APPLIED UNITED STATES v. EDWARDS, 82 M.J.
239 (C.A.A.F. 2022) IN FINDING ERROR—BUT NO PREJUDICE—FOR A VICTIM IMPACT
STATEMENT THAT INCLUDED VIDEOS, PERSONAL PICTURES, STOCK IMAGES OF FUTURE
EVENTS, AND LYRICAL MUSIC THAT TOUCHED ON THEMES OF DYING, SAYING FAREWELL, AND
BECOMING AN ANGEL IN HEAVEN.
II.
WHETHER TRIAL COUNSEL'S SENTENCING
ARGUMENT WAS IMPROPER UNDER UNITED STATES v. WARREN, 13 M.J. 278 (C.M.A.
1982) AND UNITED STATES v. NORWOOD, 81 M.J. 12 (C.A.A.F. 2021),
RESPECTIVELY, WHEN SHE: (1) ARGUED THAT APPELLANT'S UNCHARGED, FALSE STATEMENTS
WERE AGGRAVATING EVIDENCE AFTER SHE HAD PREVIOUSLY CITED CASE LAW TO THE
MILITARY JUDGE THAT SAID FALSE STATEMENTS WERE NOT ADMISSIBLE AS EVIDENCE IN
AGGRAVATION; AND (2) TOLD THE MILITARY JUDGE THAT HE HAD SEEN THE MEDIA AND THE
WORLD WAS WATCHING, TO JUSTIFY HER SENTENCE RECOMMENDATION.
III.
WHETHER APPELLANT WAS DEPRIVED OF THE RIGHT TO A UNANIMOUS VERDICT UNDER RAMOS
v. LOUISIANA, 140 S.CT. 1390 (2020), AFTER THE MILITARY JUDGE DENIED HIS
MOTION FOR UNANIMITY, DENIED HIS REQUEST TO POLL THE PANEL ON WHETHER ITS
VERDICT WAS UNANIMOUS, AND THE AIR FORCE COURT DISMISSED THE ISSUE WITH NO
DISCUSSION.
Briefs
will be filed under Rule 25 on Issues I and II only.
Interlocutory Order
No.
22-0276/AF. U.S. v. Mellodee L. Behunin. CCA S32684. On consideration of
Appellee's motion to extend time to file a brief, it is ordered that the motion
is granted to January 10, 2023.
Notices
No.
22-0237/AF. U.S. v. Caleb A.C. Smith. CCA 40013. In view of the existence of a
vacant position on the Court, notice is hereby given that the Chief Judge has
called upon Senior Judge Susan J. Crawford to perform judicial duties in the
above-referenced case, and that Senior Judge Crawford has consented to perform
judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of
Military Justice, 10 U.S.C. § 942(e)(1)(A)(ii) (2018).
No.
22-0249/CG. U.S. v. Fernando M. Brown. CCA 001-69-21. In view of the existence
of a vacant position on the Court, notice is hereby given that the Chief Judge
has called upon Senior Judge Susan J. Crawford to perform judicial duties in
the above-referenced case, and that Senior Judge Crawford has consented to
perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform
Code of Military Justice, 10 U.S.C. § 942(e)(1)(A)(ii) (2018).
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, December 12,
2022
Miscellaneous Docket - Filing
No.
23-0061/CG. U.S. v. James D. Fink. CCA 001-23. Notice is hereby given that a
writ-appeal petition for review of the decision of the United States Coast
Guard Court of Criminal Appeals on application for extraordinary relief was
filed under Rule 27(b).
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, December 9,
2022
Miscellaneous Docket - Summary
Dispositions
No.
23-0012/MC. E.C.E. v. US and Shelby. CCA 202200213. On consideration of
the writ-appeal petition, it is ordered that the writ-appeal is denied; and
that the request for oral argument is denied as moot.
No.
23-0020/AR. U.S. v. Alexander Loya. CCA 20220468. On consideration of
the writ-appeal petition, and the motion to supplement the writ-appeal, it is
ordered that the motion to supplement the writ-appeal is denied; and that the
writ-appeal is denied.
No.
23-0051/NA. In re Cooper Jackson. CCA 200700255. On consideration of
the petition for extraordinary relief, it is ordered that the petition is
denied.
Interlocutory Order
No.
22-0279/MC. U.S. v. Ethan R. Shields. CCA 202100061. On consideration of
Appellant's motion to extend time to file a brief and the joint appendix, it is
ordered that the motion is granted to December 21, 2022.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
December 8, 2022
Petition
for Grant of Review Filed
No. 23-0060/AR. U.S. v.
Teitus A. Tanihu. CCA 20210634.
Interlocutory
Order
No. 23-0059/AF. U.S. v.
John C. Zapata. CCA 40048. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to December 28, 2022.
Mandate
Issued
No. 22-0098/AF. U.S. v.
Chase M. Thompson. CCA 40019.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, December 7,
2022
Petition for Grant of Review Filed
No.
23-0059/AF. U.S. v. John C. Zapata. CCA 40048.
Interlocutory Orders
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of
Appellant's third motion to extend time to file a reply brief, it is ordered
that the motion is granted, but only up to and including January 3, 2023; and
that, absent extraordinary circumstances, no further extensions of time will be
granted in this case.
No.
22-0277/NA. U.S. v. Adam M. Pyron. CCA 201900296R. Appellee's motion to correct
errata, which was constructed as a motion to file a corrected brief, is
granted.
No.
23-0058/AF. U.S. v. Won-Jun Kim. CCA 40057. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to
December 27, 2022.
Hearings
No.
22-0259/AR. U.S. v. Erick Vargas. CCA 20220168.
No.
22-0277/NA. U.S. v. Adam M. Pyron. CCA 201900296R.
Special Docket Matter
No.
A-32376. In the matter of Deric Wayne Prescott. It appearing that the
above-named attorney is a member of the Bar of this Court and that he has been
dismissed from the United States Air Force and pursuant to Rule 15(b), Rules of
Practice and Procedure, United States Court of Appeals for the Armed Forces,
said attorney was suspended from the practice of law before the Court and was
directed to show cause why he should not be disbarred, it is ordered that Deric
W. Prescott is hereby disbarred from the practice of law before this Court.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, December 6,
2022
Petition for Grant of Review Filed
No.
23-0058/AF. U.S. v. Won-Jun Kim. CCA 40057.
Miscellaneous Docket - Summary
Disposition
No.
23-0028/AR. Andre X. Tate v. U.S. CCA 20200470. On consideration of
the writ-appeal petition, and Appellee's motion to attach exhibits 1 and 2, it
is ordered that Appellee's motion is granted: and that the writ-appeal is
denied.
Order Granting Petition for Review
No.
22-0284/AR. U.S. v. Brian C. Docilet. CCA 20200358. 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 ERRED IN DENYING DEFENSE'S REQUEST TO POLL THE PANEL TO
VERIFY A UNANIMOUS VERDICT.
No
briefs will be filed under Rule 25.
Interlocutory Orders
No.
22-0259/AR. U.S. v. Erick Vargas. CCA 20220168. On consideration of Appellant's
motion to stay the proceedings, it is ordered that the motion is granted; and
that the proceedings are stayed until further order of the Court.
No.
23-0055/MC. U.S. v. Travonte D. Williams. CCA
202100094. Appellant's motion to extend time to file the supplement to the
petition for grant of review is granted to December 27, 2022.
No.
23-0057/AF. U.S. v. Jennesis V. Dominguez-Garcia. CCA
S3269S. Appellant's motion to extend time to file the supplement to the
petition for grant of review is granted to December 27, 2022.
Hearings
No.
22-0090/AF. U.S. v. Andrew P. Witt. CCA 36785.
No.
22-0211/AF. U.S. v. Liam C. Lattin. CCA 39859.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, December 5,
2022
Petitions for Grant of Review Filed
No.
23-0055/MC. U.S. v. Travonte D. Williams. CCA
202100094.
No.
23-0056/AR. U.S. v. Justin A. Bridges-Thompson. CCA 20220009.
No.
23-0057/AF. U.S. v. Jennesis V. Dominguez-Garcia. CCA
S32694.
Interlocutory Orders
No.
23-0021/NA. U.S. v. Nixon Keago. CCA 202100008.
Appellant's third motion to extend time to file the supplement to the petition
for grant of review is granted, up to and including to December 16, 2022, and that
absent extraordinary circumstances, no further extension of time will be
granted in this case.
No.
23-0054/MC. U.S. v. Colton N. Evans. CCA 202100002. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to December 27, 2022.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, December 2,
2022
Petition for Grant of Review Filed
No.
23-0054/MC. U.S. v. Colton N. Evans. CCA 202100002.
Interlocutory Orders
No.
23-0032/AF. U.S. v. Tucker L. Binegar. CCA S32625.
Appellant's second motion to extend time to file the supplement to the petition
for grant of review is granted to December 15, 2022.
No.
23-0036/AR. U.S. V. Sebastian Ventura. CCA 20210049. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to December 20, 2022.
No.
23-0052/MC. U.S. v. Daryl G. Lyle. CCA 202100100. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
December 22, 2022.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, December 1,
2022
Petitions for Grant of Review Filed
No.
23-0052/MC. U.S. v. Daryl G. Lyle. CCA 202100100.
No.
23-0053/AR. U.S. v. Jose A. MunozGarcia. CCA 20200550.
Miscellaneous Docket - Filing
No.
23-0051/NA. U.S v. Cooper Jackson. CCA 200700255. Notice is given that a
petition for extraordinary relief was filed under Rule 27(a) on this date.
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