UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 28, 2022
Petitions for Grant of Review Denied
No.
22-0013/NA. U.S. v. Micole A. Daugherty. CCA 202000133.
No.
22-0074/AF. U.S. v. Kyle B. E. Budde. CCA 39990.
No.
22-0081/NA. U.S. v. Jayke T. Bickford. CCA 202000250.
No.
22-0083/AF. U.S. v. Holden T. Webb. CCA 39904.
Miscellaneous Docket - Filing
No.
22-0120/NA. U.S v. Decker B. Jordan. CCA 201100621. 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, together with a motion to file the writ-appeal petition out of time
were filed under Rule 27(b) on this date. Further action on the petition shall
be held in abeyance pending the Court's final action on the motion.
Interlocutory Order
No.
21-0360/AF. U.S. v. Brandon M. Horne. CCA 39717. On consideration of the motion
filed by Protect Our Defenders for leave to file an amicus curiae brief out of
time, it is ordered that the motion is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 25, 2022
Petitions for Grant of Review Filed
No.
22-0116/AR. U.S. v. Lazaro S. Juarez. CCA 20200632.
No.
22-0117/AR. U.S. v. Nathan W. Neuwirth. CCA 20200664.
No.
22-0118/AF. U.S. v. Godric A. Ramirez. CCA 2021-05.
No.
22-0119/AR. U.S. v. Patrick A. Kenneh. CCA 20210383.
Interlocutory Order
No.
22-0106/NA. U.S. v. Ignacio Delgado. CCA 201900065. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to March 14, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 24, 2022
Order Granting Petition for Review
No. 22-0091/AF. U.S. v. Javon C.
Richard. CCA 39918.
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 EVIDENCE OF PREJUDICE TO GOOD ORDER AND DISCIPLINE FOR THE ARTICLE 134,
UCMJ, OFFENSES WAS LEGALLY SUFFICIENT.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 23, 2022
Petitions for Grant of Review Denied
No.
21-0335/NA. U.S. v. Davionshante E. Chism. CCA 202000037.
No.
22-0005/AR. U.S. v. Derrick J. Thornton. CCA 20200404.
No.
22-0007/AF. U.S. v. Jordan R. Muller. CCA 39323.
No.
22-0045/AR. U.S. v. Alexander L. Haugabook. CCA 20190679.
No.
22-0073/AR. U.S. v. Erik Arenasbecerra. CCA 20200466.
No.
22-0095/MC. U.S. v. Joshua J. Macko. CCA 202000159.
Order Granting Petition for Review
No. 21-0325/AR. U.S. v. Leeroy M.
Sigrah. CCA 20190556.
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'S DENIAL OF APPELLANT'S R.C.M. 914 MOTIONS MATERIALLY
PREJUDICED APPELLANT'S SUBSTANTIAL RIGHTS.
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 18, 2022
Interlocutory Order
No.
22-0115/AF. U.S. v. Xavius F. R. Camps. CCA 39892.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to March 10, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 17, 2022
Petition for Grant of Review Filed
No.
22-0115/AF. U.S. v. Xavius F. R. Camps. CCA 39892.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 16, 2022
Petition for Grant of Review Filed
No.
22-0114/AR. U.S. v. Tony D. Collins. CCA 20210318.
Petition for Grant of Review Denied
No.
22-0026/AR. U.S. v. Robert L. Barnett. CCA 20190709.
Interlocutory Orders
No.
22-0052/AR. U.S. v. Samuel B. Badders. CCA 20200735. Appellant's motion to
postpone oral arguments granted, the Hearing Notice issued February 9, 2022,
setting the above mentioned case for oral argument is vacated, and that oral
argument for the above-mentioned case will be rescheduled for a later date
specified by the Court.
No.
22-0113/AR. U.S. v. Dale E. Long. CCA 20190257. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 8, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 15, 2022
Petition for Grant of Review Filed
No.
22-0113/AR. U.S. v. Dale E. Long. CCA 20190257.
Petitions for Grant of Review Denied
No.
22-0071/AF. U.S. v. Rodger L. Shelton, Jr. CCA S32670.
No.
22-0080/AF. U.S. v. Craig P. Gardner. CCA 39929.
Interlocutory Orders
No.
22-0026/AR. U.S. v. Robert L. Barnett. CCA 20190709. Appellant's motion to
attach is granted as it pertains to Defense Appellate Exhibits E and F, and
denied as it pertains to the remaining exhibits.
No.
22-0070/AF. In Re Jose A. Cossio, Jr. On
consideration of Petitioner's motion for leave to file a petition for
reconsideration out of time, the petition for reconsideration, motion for leave
to file a motion to supplement the petition for reconsideration and motion to
supplement the petition for reconsideration, it is ordered that the motions are
denied, and the petition for reconsideration is dismissed as untimely.
No.
22-0111/AF. U.S. v. Adam M. Rodela. CCA 20080.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to March 7, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 14, 2022
Petitions for Grant of Review Filed
No.
22-0110/AR. U.S. v. Cody W. Wood. CCA 20210050.
No.
22-0111/AF. U.S. v. Adam M. Rodela. CCA 20080.
No.
22-0112/AR. U.S. v. Matthew J. Newberry. CCA 20210303.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 11, 2022
Petition for Grant of Review Filed
No.
22-0109/AR. U.S. v. Trevar D. Tinsley. CCA 20200337.
Order Granting Petition for Review
No. 22-0066/AR. U.S. v. Ethen D. Black.
CCA 20210310.
On consideration of the petition for grant of review of the decision of the
United States Army 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 granted on the following issue:
WHETHER
THE ARMY COURT ERRED IN ITS ABUSE OF DISCRETION ANALYSIS BY (1) CREATING A
NOVEL TEST FOR COMMON AUTHORITY, (2) FAILING TO GIVE DEFERENCE TO THE MILITARY
JUDGE'S FINDINGS, (3) COMPARING A MODERN CELL PHONE TO A TRADITIONAL
"CONTAINER," AND (4) FINDING ERROR BASED ON A DIFFERENCE OF OPINION.
Pursuant
to C.A.A.F. R. 19(a)(7)(A), no further pleadings will
be filed.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 10, 2022
Petition for Grant of Review Filed
No.
22-0108/AR. U.S. v. Zachary T. Hagene. CCA 20210101.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 8, 2022
Petitions for Grant of Review Denied
No.
22-0043/MC. U.S. v. Adam M. Jacks. CCA 202000098.
No.
22-0057/AR. U.S. v. Harrison B. Poe. CCA 20200357.
No.
22-0060/AF. U.S. v. Theodore W. Barnaby. CCA 39866.
No.
22-0062/AR. U.S. v. Channing L. Strickland. CCA 20190622.
Interlocutory Orders
No.
22-0106/NA. U.S. v. Ignacio Delgado. CCA 201900065. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to February 28, 2022.
No.
22-0107/AF. U.S. v. William H. Marable. CCA 39954. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
February 28, 2022.
Hearings
No.
21-0304/MC. U.S. v. Christopher J. Nelson. CCA 202000108.
No.
21-0312/NA. U.S. v. Wendell E. Mellette, Jr. CCA 201900305.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
February 7, 2022
Orders Granting Petition for Review
No. 21-0357/AF. U.S. v. Manuel Palacios Cueto. CCA 39815. 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 TRIAL DEFENSE COUNSEL WERE
INEFFECTIVE.
II. WHETHER
TRIAL COUNSEL COMMITTED PROSECUTORIAL MISCONDUCT WHEN THEY STATED THAT THEY
REPRESENTED "THE PURSUIT OF JUSTICE" AND ARGUED JUSTICE WOULD ONLY BE SERVED IF
APPELLANT WAS CONVICTED AND ADJUDGED A SUFFICIENT PUNISHMENT.
Briefs
will be filed under Rule 25.
No. 22-0052/AR. U.S. v. Samuel B. Badders. CCA 20200735. On consideration of the petition for
grant of review of the decision of the United States Army 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
granted on the following issue:
WHETHER
THE ARMY COURT HAD JURISDICTION OVER THIS GOVERNMENT APPEAL OF THE MILITARY
JUDGE'S POST-TRIAL ORDER GRANTING A MISTRIAL.
Pursuant
to C.A.A.F. R. 19(a)(7)(A), no further pleadings will
be filed.
Interlocutory Order
No.
21-0360/AF. U.S. v. Brandon M. Horne. CCA 39717. Appellant's motion for leave
to file motion for appropriate relief, which this Court construes as a motion
to reschedule oral argument is granted, the Hearing Notice issued January 10,
2022, setting the above-mentioned case for oral argument is vacated, and that
oral argument for the above-mentioned case will be rescheduled for a later date
specified by the Court.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
February 4, 2022
Petitions for Grant of Review Filed
No.
22-0106/NA. U.S. v. Ignacio Delgado. CCA 201900065.
No.
22-0107/AF. U.S. v. William H. Marable. CCA 39954.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
February 3, 2022
Certificate for Review Filed
No. 22-0105/AR. United States, Appellant
v. David J. Rudometkin, Appellee. CCA 20180058. Notice is given that a
certificate for review of the decision of the United States Army Court of
Criminal Appeals was filed under Rule 22 on this date on the following issues:
WHETHER
THE ARMY COURT ERRED BY NOT PROPERLY CONSIDERING THE MILITARY JUDGE'S
POST-TRIAL 39(a) PROCEEDINGS RELATING TO APPELLANT'S REQUEST FOR MISTRIAL.
WHETHER
THE MILITARY JUDGE CLEARLY ABUSED HIS DISCRETION WHEN HE DID NOT GRANT A
MISTRIAL AND FOUND THAT RELIEF WAS NOT WARRANTED UNDER LILJEBERG v. HEALTH SERVICES ACQUISITION CORP., 486 U.S. 847 (1988).
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
the 7th of March, 2022.
Interlocutory Orders
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On
consideration of Appellant's motion to file a motion under seal and the sealed
motion to remand, it is ordered that the motion to file a motion under seal is
granted, and the sealed motion to remand is denied.
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781.
Appellant's fifth motion to extend time to file a brief is granted to March 21,
2022, and that absent extraordinary circumstances, no further extension of time
will be granted in this case.
No.
21-0360/AF. U.S. v. Brandon M. Horne. CCA 39717. Appellee's motion to correct
errors in the brief is granted.
No.
22-0090/AF. U.S. v. Andrew P. Witt. CCA 36785. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to February 28, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
February 2, 2022
Petitions for Grant of Review Denied
No.
22-0016/AF. U.S. v. James S. Silvernail, Jr. CCA 39618.
No.
22-0058/AF. U.S. v. James H. Kennedy IV. CCA S32660.
No.
22-0072/AR. U.S. v. Jose A. Perez. CCA 20200544.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
February 1, 2022
Petition for Grant of Review Filed
No.
22-0104/NA. U.S. v. Victor M. Green. CCA 202100032.
Interlocutory Orders
No.
21-0341/AF. U.S. v. Daniel A. Bench. CCA 39797. Appellee's motion to file a
supplemental joint appendix is granted.
No.
22-0066/AR. U.S. v. Ethen D. Black. CCA 20210310. Appellee's motion for leave
to file an answer to the supplement to the petition for grant of review in
excess of the size limit is denied. Appellee will file an answer to the
supplement to the petition for grant of review that complies with Rule 21(b) on
or before February 7, 2022.
No.
22-0102/AF. U.S. v. Jamie Parra. CCA S32653. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to
February 22, 2022.
Petition for Reconsideration Denied
No.
22-0018/AF. U.S. v. Jamie L. Brown. CCA S39728. Appellant's petition for
reconsideration of the Court's order issued January 5, 2022 is denied.
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