UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, August 30,
2023
Petitions for Grant of Review Filed
No.
23-0243/AR. U.S. v. Daniel D. Pulley. CCA 20220494.
No.
23-0244/AR. U.S. v. Kyle E. Garman. CCA 20220266.
Interlocutory Orders
No.
23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407. Appellant's motion to
extend time to file a petition for reconsideration is hereby granted to
September 14, 2023.
No.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. Appellant's motion to file
the supplement to the petition for grant of review out of time is hereby
granted. Appellee may file an answer to the supplement under Rule 21(c) on or
before September 19, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, August 29,
2023
Petition for Grant of Review Filed
No.
23-0242/AR. U.S. v. Lee T. Nguyen. CCA 20210509.
Petition for Grant of Review Denied
No.
23-0220/AR. U.S. v. Tristan B. Shoup. CCA 20220433.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, August 28, 2023
Petitions for Grant of Review Filed
No.
23-0240/AR. U.S. v. Tyler K. Howard. CCA 20220229.
No.
23-0241/AR. U.S. v. Christopher A. Oen. CCA 20220239.
Interlocutory Orders
No.
23-0239/NA. U.S. v. Rodney D. Harvey. CCA 202200040. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to September 18, 2023.
No.
23-0240/AR. U.S. v. Tyler K. Howard. CCA 20220229. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
September 18, 2023.
Mandate Issued
No.
22-0100/AF. U.S. v. Sean W. Harrington. CCA 39825.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, August 25, 2023
Petitions for Grant of Review Filed
No.
23-0238/AR. U.S. v. Tayonne J. Jobes. CCA 20210394.
No.
23-0239/NA. U.S. v. Rodney D. Harvey. CCA 202200040.
Petition for Grant of Review Denied
No.
23-0199/NA. U.S. v. Elijah S. Susong. CCA 202100345.
Petition for Grant of Review - Summary
Disposition
No.
23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407. On further
consideration of the granted issue, 83 M.J. (C.A.A.F. 2023), and in view of United
States v. Harrington, 83 M.J. (C.A.A.F. 2023), it is ordered that the
decision of the United States Air Force Court of Criminal Appeals is affirmed
as to findings but set aside as to sentence. The case is returned to the Judge
Advocate General of the Air Force for remand to that court for a new review
under Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c)
(2016). In its review, the AFCCA should
consider whether any of Appellant's challenges to the delivery of the unsworn
victim statement during the sentencing phase of his court-martial have been
waived, forfeited, or preserved, and address them accordingly. See United States v. Steele, 83 M.J.
188, 191 (C.A.A.F. 2023) (explaining that "[w]hether
an issue is waived or forfeited is an issue of law that this Court could
decide" but concluding that it was preferable to "remand the case to allow the
[CCA] to rule on th[at] question in the first instance").
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, August 24,
2023
Petition for Grant of Review Filed
No.
23-0237/AR. U.S. v. Tyler K. McKnight. CCA 20220165.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, August 23,
2023
Petition for Grant of Review Filed
No.
23-0236/AR. U.S. v. Jorge G. Martinezcolon. CCA 20210071.
Petition for Grant of Review Denied
No.
23-0183/MC. U.S. v. Tyler J. Leger. CCA 202100310.
Interlocutory Order
No.
23-0234/AF. U.S. v. William C. McAlhaney. CCA 39979. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to September 12, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, August 22,
2023
Petitions for Grant of Review Denied
No.
23-0190/AF. U.S. v. Derek N. Moss. CCA 40249.
No.
23-0192/AR. U.S. v. Marquis A. Love. CCA 20210396.
No.
23-0221/AF. U.S. v. Daniel J. Porterie. CCA S32735.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, August 21, 2023
Petitions for Grant of Review Filed
No.
23-0234/AF. U.S. v. William C. McAlhaney. CCA 39979.
No.
23-0235/AR. U.S. v. Joshua B. Beasley. CCA 20210548.
Interlocutory Orders
No.
23-0233/NA. In re B.M, Appellant v. United States, Appellee and Dominic Bailey,
Real Party In Interest. CCA 202300050. Appellee's motion to file a corrected
certificate for review is granted.
No.
23-0233/NA. In re B.M., Appellant v. United States, Appellee and Dominic
Bailey, Real Party In Interest. CCA 202300050. On consideration of Appellant's
motion for an enlargement of time to file an amended supporting brief on the
corrected certificate for review (and withdrawing Appellant's August 14, 2023,
supporting brief and first motion and amended first motion for enlargement of
time), it is ordered that the motion is granted, that Appellant will file a
brief under Rule 22(b)(2) in support of said certificate on or before September
13, 2023.
Mandate Issued
No.
23-0010/NA. U.S. v. Eric S. Gilmet. CCA 202200061.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, August 18, 2023
Petitions for Grant of Review Denied
No.
23-0159/AF. U.S. v. Robert J. Hernandez. CCA 39606.
No.
23-0209/AF. U.S. v. Tyler J. Williamson. CCA 40211.
Interlocutory Orders
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. On consideration of the
motion filed by Senior Appellate Counsel Jonathan F. Potter, 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.
23-0107/AR. U.S. v. Ladonies P. Strong. CCA 20200391. Appellee's motion to file
a supplemental joint appendix is granted.
No.
23-0213/AR. U.S. v. Robert M. Baba. CCA 20210199. On consideration of
Appellant's motion to dismiss the petition for grant of review without
prejudice, and motion to file an additional supplement to the petition for
grant of review, it is ordered that the motion to dismiss the petition for
grant of review without prejudice is denied as moot, and the motion to file an
additional supplement to the petition for grant of review is granted to
September 7, 2023.
No.
23-0226/AR. U.S. v. Dashawna D. Robinson. CCA 20220043. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to September 6, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, August 16,
2023
Petitions for Grant of Review Denied
No.
23-0117/AR. U.S. v. Jonathan B. Wainionpa. CCA
20210436.
No.
23-0146/AR. U.S. v. Erick Olivares. CCA 20210125.
No.
23-0196/AF. U.S. v. Dylan D. O'Hara. CCA 40281.
No.
23-0218/NA. U.S. v. Matthew D. Norwood. CCA 201800038.
Orders Granting Petition for Review
No.
23-0165/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 hereby granted on the following issues:
I.
WAS
APPELLANT A SUSPECT, TRIGGERING ARTICLE 31(b), UCMJ, WARNINGS?
II. DESPITE FINDING APPELLANT WAS ILLEGALLY APPREHENDED,
DID THE LOWER COURT ERRONEOUSLY APPLY BROWN v. ILLINOIS, 422 U.S. 590
(1975), AND FIND THE TRIAL DEFENSE COUNSEL'S ADMITTED FAILURE TO MOVE TO SUPPRESS
EVIDENCE DERIVED AFTER THE APPREHENSION WAS NOT INEFFECTIVE?
Appellant
will file a brief on or before September 15, 2023; Appellee will file an answer
brief no later than 30 days after the filing of Appellant's brief; and
Appellant may file a reply brief no later than 10 days after the filing of
Appellee's answer brief.
No.
23-0188/AR. U.S. v. Tryvon M. Jones. CCA 20210503. 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 COMMITTED PREJUDICIAL ERROR BY ADMITTING APPELLANT'S POST INCIDENT
BROWSER HISTORY AS RES GESTAE EVIDENCE.
Appellant
will file a brief on or before September 15, 2023; Appellee will file an answer
brief no later than 30 days after the filing of Appellant's brief; and
Appellant may file a reply brief no later than 10 days after the filing of
Appellee's answer brief.
No.
23-0223/AF. U.S. v. Jeremy J. Stradtmann. CCA 40237. 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
RECKLESSNESS IS THE REQUISITE MENS REA TO SUSTAIN A CONVICTION FOR THE
PRESIDENTIALLY PROMULGATED OFFENSE OF CHILD ENDANGERMENT UNDER ARTICLE 134,
UCMJ OF THE 2016 MANUAL FOR COURTS-MARTIAL.
Appellant
will file a brief on or before September 15, 2023; Appellee will file an answer
brief no later than 30 days after the filing of Appellant's brief; and Appellant
may file a reply brief no later than 10 days after the filing of Appellee's answer
brief.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, August 15,
2023
Miscellaneous Docket - Summary
Disposition
No.
23-0211/NA. B.M., Appellant v. United States, Appellee
and Dominic R. Bailey, Lieutenant Commander, U.S. Navy, Real Party In Interest.
CCA 202300050. On consideration of the
motions filed by Appellee and the Real Party In Interest to dismiss the
writ-appeal petition for lack of jurisdiction, it is ordered that motions are
granted, and the writ-appeal petition is dismissed for lack of jurisdiction.
Interlocutory Orders
No.
23-0211/NA. B.M., Appellant v. United States, Appellee and Dominic R. Bailey,
Lieutenant Commander, U.S. Navy, Real Party In Interest. CCA 202300050. On
consideration of the motion filed by Peter Coote to file an amicus curiae
brief in support of the writ-appeal petition, it is ordered that the motion is granted.
No.
23-0211/NA. B.M., Appellant v. United States, Appellee and Dominic R. Bailey,
Lieutenant Commander, U.S. Navy, Real Party In Interest. CCA 202300050. Appellant's
motion to file the brief and appendix under seal is granted.
No.
23-0232/AR. U.S. v. Lesley J. Lindor. CCA 20210520. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to September 5, 2023.
Petition for Reconsideration Denied
No.
23-0174/AF. U.S. v. Brian W. Alton. CCA 40215. Appellant's petition for
reconsideration of the order issued July 17, 2023, is denied.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, August 14, 2023
Petition for Grant of Review Filed
No.
23-0232/AR. U.S. v. Lesley J. Lindor. CCA 20210520.
Certificate for Review Filed
No.
23-0233/NA. In re B.M., Appellant v. United States, Appellee and Dominic R.
Bailey, Real Party In Interest. CCA 202300050. 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 14th
day of August, 2023, on the following issues:
I.
M.R.E. 513 GOVERNS THE PROCEDURES FOR
PRODUCTION AND IN CAMERA REVIEW OF PATIENT RECORDS THAT "PERTAIN TO"
COMMUNICATIONS TO A PSYCHOTHERAPIST. THE MILITARY JUDGE APPLIED R.C.M. 703 TO
ORDER PRODUCTION AND CONDUCT AN IN CAMERA REVIEW OF
MAJOR B.M.'S DIAGNOSIS AND TREATMENT. DID THE MILITARY JUDGE ERR BY APPLYING
THE NARROW SCOPE OF THE M.R.E. 513(A) PRIVILEGE DEFINED IN MELLETTE TO
BYPASS THE PROCEDURAL
REQUIREMENTS OF M.R.E. 513(E)?
II.
THE ARMY CRIMINAL COURT OF APPEALS HELD NO CONSTITUTIONAL EXCEPTION TO M.R.E.
513 EXISTS. THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS RULED THE
CONSTITUTION REQUIRED PRODUCTION OF MENTAL HEALTH RECORDS. THE RESULTING
DISPARITY IN APPELLATE PRECEDENT PRECLUDES UNIFORM APPLICATION OF THE LAW. SHOULD
PAYTON-O'BRIEN BE OVERTURNED?
Appellant
will file a brief under Rule 22(b)(2) in support of said certificate on or
before September 13, 2023. Appellee will file an answer brief no later than 10
days after the filing of Appellant's brief; and Appellant may file a reply no
later than 5 days after the filing of Appellee's answer brief.
Interlocutory Orders
No.
23-0183/MC. U.S. v. Tyler J. Leger. CCA 202100310. On consideration of
Appellant's motion for leave to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered
that the motion is hereby granted.
No.
23-0231/AF. U.S. v. Brandon C. Barnes. CCA 40252. 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 hereby granted to September
5, 2023.
Mandate Issued
No.
23-0104/AF. M.W., Appellant v. United States, Appellee and Marshall R.
Robinson, Staff Sergeant, United States Air Force, Real Party In Interest. CCA 2022-15.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, August 9,
2023
Petitions for Grant of Review Filed
No.
23-0230/MC. U.S. v. Payton Z. Hejna. CCA 202100326.
No.
23-0231/AF. U.S. v. Brandon C. Barnes. CCA 40252.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, August 8, 2023
Petitions for Grant of Review Denied
No.
23-0123/AR. U.S. v. Steven A. Navarro. CCA 20210119.
No.
23-0168/AF. U.S. v. Matthew D. Schauer. CCA 40203.
No.
23-0184/AR. U.S. v. Shjon M. Kern. CCA 20210302.
No.
23-0212/AR. U.S. v. Marcus J. Mitchell. CCA 20220495.
Interlocutory Order
No.
23-0222/AF. U.S. v. Alexander V. Jones. CCA 40226. Appellant's motion for leave
to file Issue V of the supplement to the petition for grant of review under
seal is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, August 7, 2023
Miscellaneous Docket - Summary
Disposition
No.
23-0217/AR. In re Richard J. Ramsey, Petitioner. CCA 20190001. On consideration of
the petition for extraordinary relief in the nature of writ
of mandamus, it is ordered that the petition is dismissed for lack of
jurisdiction.
Petition for Reconsideration Denied
No.
23-0104/AF. M.W., Appellant v. United States, Appellee and Marshall R.
Robinson, Staff Sergeant, United States Air Force, Real Party In Interest. CCA 2022-15. On consideration of the petition
for reconsideration of the Court's decision, __ M.J. __ (C.A.A.F. 2023), it is
ordered that the petition for reconsideration is denied.
Mandate Issued
No.
23-0027/AF. U.S. v. James T. Cunningham. CCA 40093.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, August 4, 2023
Petition for Grant of Review Filed
No.
23-0229/AR. U.S. v. Kaleel A. Simmonds. CCA 20220378.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, August 3,
2023
Miscellaneous Docket - Filing
No.
23-0228/AR. Rene D. Alfaro, Appellant. v. Judges of the U.S. Army Court of
Criminal Appeals, Appellee. CCA 2022-14. Notice is given that a writ-appeal
petition for review of the decision of the United States Army Court of Criminal
Appeals in the nature of a writ of mandamus and a writ of prohibition was filed
under 27(b) on this date.
Interlocutory Order
No.
23-0206/AF. U.S. v. Ryan M. Palik. CCA 40225. Appellant's motion to extend time
to file a brief is hereby granted to September 8, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, August 2,
2023
Petitions for Grant of Review Denied
No.
23-0092/AR. U.S. v. Mariano Cerrud. CCA 20210185.
No.
23-0127/MC. U.S. v. Daniel P. Harvey. CCA 202100309.
No.
23-0156/AR. U.S. v. Antoni B. Frinkley. CCA 20210176.
No.
23-0161/AR. U.S. v. Sergio Salcedo. CCA 20210280.
No.
23-0166/AF. U.S. v. Christian A. Rodriguez. CCA 40218.
No.
23-0197/NA. U.S. v. Jacquez D. Codymiles. CCA
202100276.
No.
23-0200/AF. U.S. v. Mori N. Esemoto. CCA 40273.
No.
23-0208/AF. U.S. v. Anthony S. Arbo. CCA 40285.
Miscellaneous Docket - Filing
No.
23-0227/AR. Richard J. Ramsey, Appellant v. United States, Appellee. CCA
20230343. Notice is given that a writ-appeal petition for review of the
decision of the United States Army Court of Criminal Appeals on application for
extraordinary relief was filed under Rule 27(b) on this date.
Interlocutory Orders
No.
23-0085/AF. U.S. v. Jonel H. Guihama. CCA 40039.
Appellant's motion to extend time to file a brief is granted to September 27,
2023.
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. Appellant's motion to file
the supplement to the petition for grant of review under seal is granted.
No.
23-0226/AR. U.S. v. Dashawna D. Robinson. CCA 20220043. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to August 22, 2023.
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