UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, July 31, 2023
Petition for Grant of Review Filed
No.
23-0226/AR. U.S. v. Dashawna D. Robinson. CCA 20220043.
Interlocutory Orders
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. Appellant's second motion
to extend time to file a brief and the joint appendix is granted to August 4,
2023.
No.
23-0156/AR. U.S. v. Antoni B. Frinkley. CCA 20210176. On consideration of the
motion filed by Major Ian P. Smith, 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.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to August 15, 2023.
Mandate Issued
No.
22-0237/AF. U.S. v. Caleb A.C. Smith. CCA 40013.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, July 28, 2023
Petitions for Grant of Review Filed
No.
23-0224/AF. U.S. v. Charles S. Nestor. CCA 40250.
No.
23-0225/AR. U.S. v. Michael L. Wilson. CCA 20210276.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, July 27, 2023
Petitions for Grant of Review Denied
No.
23-0121/AR. U.S. v. Jacob P. Foster. CCA 20220183.
No.
23-0160/AR. U.S. v. Christian G. Alvarado. CCA 20210368.
No.
23-0178/AR. U.S. v. Frankin J. Wickizer. CCA 20220176.
No.
23-0189/AF. U.S. v. Damien K. Welsh. CCA S32719.
No.
23-0191/AR. U.S. v. Kentrell M. Luckett. CCA 20210620.
Order Granting Petition for Review
No.
23-0085/AF. U.S. v. Jonel H. Guihama. CCA 40039. 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
THE MILITARY JUDGE ABUSED HER DISCRETION BY ADMITTING A CONFESSION THAT WAS NOT
TRUSTWORTHY BECAUSE IT LACKED SUFFICIENT CORROBORATION.
Appellant
will file a brief on or before August 28, 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.
Interlocutory Orders
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. On consideration of the
motion filed by Major Sean P. Flynn, 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 hereby granted.
No.
23-0222/AF. U.S. v. Alexander V. Jones. CCA 40226. 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 August 16, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, July 26,
2023
Order Granting Petition for Review
No.
23-0206/AF. U.S. v. Ryan M. Palik. CCA 40225. 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:
THE
GOVERNMENT LOST THE ONLY TWO VIDEO-RECORDED STATEMENTS FROM SM, THE COMPLAINING
WITNESS FOR EVERY CONVICTED OFFENSE. DID DEFENSE COUNSEL PROVIDE INEFFECTIVE
ASSISTANCE BY FAILING TO
FILE AN RCM 914 MOTION AFTER SM'S TESTIMONY?
Appellant
will file a brief on or before August 25, 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.
Interlocutory Order
No.
23-0160/AR. U.S. v. Christian G. Alvarado. CCA 20210368. On consideration of
Appellant's motion to attach a declaration, it ordered that the motion is
hereby denied.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, July 25, 2023
Petition for Grant of Review Filed
No.
23-0223/AF. U.S. v. Jeremy J. Stradtmann. CCA 40237.
Petitions for Grant of Review Denied
No.
23-0141/AF. U.S. v. Michael E. Novelli. CCA 40103.
No.
23-0150/MC. U.S. v. Luis Castanedamanzo. CCA
202100229.
No.
23-0176/AR. U.S. v. Terry L. Montgomery. CCA 20210110.
Interlocutory Orders
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. On consideration of the
motion filed by Major Bryan A. Osterhage, for leave
to withdraw as appellate defense counsel, it is ordered that the motion is
granted.
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. Appellant's motion to
extend time to file a brief and the joint appendix is granted to July 31, 2023.
No.
23-0161/AR. U.S. v. Sergio Salcedo. CCA 20210280. On consideration of the
motion filed by Captain Sarah H. Bailey, 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.
23-0162/AF. U.S. v. Kristopher D. Cole. CCA 40189. Appellant's motion to extend
time to file a brief is granted to August 4, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, July 24, 2023
Petition for Grant of Review Filed
No.
23-0222/AF. U.S. v. Alexander V. Jones. CCA 40226.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, July 21, 2023
Petition for Grant of Review Filed
No.
23-0221/AF. U.S. v. Daniel J. Porterie. CCA S32735.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, July 20, 2023
Petition for Grant of Review Filed
No.
23-0220/AR. U.S. v. Tristan B. Shoup. CCA 20220433.
Petitions for Grant of Review Denied
No.
23-0149/AR. U.S. v. Cedric B. Matthews. CCA 20210340.
No.
23-0153/AR. U.S. v. Jason A. Lewis. CCA 20210434.
No.
23-0201/AR. U.S. v. Robert R. Phillips. CCA 20220315.
Orders Granting Petition for Review
No.
23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711. 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 TRIAL DEFENSE COUNSEL WERE
INEFFECTIVE FOR, INTER ALIA, ALLOWING THE MILITARY JUDGE TO CONSIDER
APPELLANT'S GUILTY PLEA WHEN DETERMINING WHETHER APPELLANT WAS GUILTY OF THE
LITIGATED OFFENSES.
II. WHETHER THE TRIAL COUNSEL'S "CLEAR ERROR" IN
FINDINGS ARGUMENT— LEVERAGING APPELLANT'S GUILTY PLEA TO PROVE HIS GUILT OF THE
LITIGATED OFFENSES—WAS HARMLESS BEYOND A REASONABLE DOUBT.
Appellant
will file a brief on or before August 21, 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.
23-0198/AF. U.S. v. Israel E. Flores. CCA 40294. 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 SENTENCE
APPROPRIATENESS REVIEW FOR SEGMENTED SENTENCING MUST CONSIDER EACH SEGMENTED
SENTENCE TO CONFINEMENT, OR INSTEAD ONLY THE OVERALL SENTENCE.
Appellant will file a brief on or before August 21, 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
Wednesday, July 19,
2023
Interlocutory Orders
No.
23-0021/NA. U.S. v. Nixon Keago. CCA 202100008. On consideration of the motion
filed by the National Institute of Military Justice for leave to file an amicus
brief out of time, it is ordered that the motion is granted.
No.
23-0092/AR. U.S. v. Mariano Cerrud. CCA 20210185. On consideration of the
motion filed by Captain Carol K. Rim, 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.
23-0123/AR. U.S. v. Steven A. Navarro. CCA 20210119. On consideration of the
motion filed by Captain Carol K. Rim, 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.
23-0149/AR. U.S. v. Cedric B. Matthews. CCA 20210340. On consideration of the
motion filed by Captain Carol K. Rim, 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.
23-0153/AR. U.S. v. Jason A. Lewis. CCA 20210434. On consideration of the
motion filed by Captain Carol K. Rim, 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.
23-0160/AR. U.S. v. Christian G. Alvarado. CCA 20210368. On consideration of
the motion filed by Captain Carol K. Rim, 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.
23-0184/AR. U.S. v. Shjon M. Kern. CCA 20210302. On consideration of the motion
filed by Captain Carol K. Rim, 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.
23-0201/AR. U.S. v. Robert R. Phillips. CCA 20220315. On consideration of the
motion filed by Captain Carol K. Rim, 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.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. On consideration of the
motion filed by Captain Carol K. Rim, 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.
23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
August 8, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, July 18, 2023
Petitions for Grant of Review Denied
No.
23-0106/NA. U.S. v. Gasper Moreno, Jr. CCA 202100161.
No.
23-0155/MC. U.S. v. Gunnar I. Naughton. CCA 202100285.
No.
23-0203/AF. U.S. v. Nathaniel H. Paugh. CCA 40231.
Appeals - Summary Dispositions
No.
22-0165/AF. U.S. v. Jonathan M. Martinez. CCA 39973. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
22-0205/AF. U.S. v. Andrew Y. Veerathanongdech. CCA
40005.
On further consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and
in view of United States v. Anderson, 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.
No.
22-0226/AR. U.S. v. Nicholas J. Apgar. CCA 20200615. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
22-0227/AR. U.S. v. Darrick E. Johnson. CCA 20200382. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
22-0233/AR. U.S. v. Margarito Miramontes. CCA 20200476. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
22-0258/AR. U.S. v. Roberto Aikanoff, Jr. CCA
20200423.
On further consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and
in view of United States v. Anderson, 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.
No.
22-0284/AR. U.S. v. Brian C. Docilet. CCA 20200358. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
22-0294/MC. U.S. v. Eric N. Vance. CCA 202100024. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
23-0038/AR. U.S. v. Mitchell A. Bentley. CCA 20210181. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
23-0050/AR. U.S. v. Cory M. Garrett. CCA 20210298. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
23-0053/AR. U.S. v. Jose A. MunozGarcia. CCA 20200550. On
further consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in
view of United States v. Anderson, 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.
No.
23-0075/AF. U.S. v. Antoine M. Tarnowski. CCA 40110. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
23-0084/AF. U.S. v. Joshua D. McCameron. CCA 40089. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
23-0090/AR. U.S. v. Samuel H. Zimmer. CCA 20200671. On further
consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and in view of
United States v. Anderson, 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.
No.
23-0130/AR. U.S. v. Brendon D. Rubirivera. CCA
20200628.
On further consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and
in view of United States v. Anderson, 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.
No.
23-0164/AF. U.S. v. George E. Lopez. CCA 40161.
On further consideration of the granted issue, 82 M.J. 441 (C.A.A.F. 2022), and
in view of United States v. Anderson, 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.
Interlocutory Order
No.
22-0284/AR. U.S. v. Brian C. Docilet. CCA 20200358.
On consideration of the motion filed by Captain Carol K. Rim, 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
Monday, July 17, 2023
Petition for Grant of Review Filed
No.
23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222.
Petition for Grant of Review Denied
No.
23-0174/AF. U.S. v. Brian W. Alton. CCA 40215.
Interlocutory Orders
No.
23-0084/AF. U.S. v. Joshua D. McCameron. CCA 40089. On consideration of the
motion filed by Major Eshawn R. Rawlley, 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.
23-0106/NA. U.S. v. Gasper Moreno, Jr. CCA 202100161. Appellant's motion to
file the supplement to the petition for grant of review under seal is granted.
No.
23-0155/MC. U.S. v. Gunnar I. Naughton. CCA 202100285. On consideration of
Appellant's motion to file matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982), and motion to file Grostefon matters, it is
ordered that the motion to file Grostefon matters under seal is hereby
denied, and the motion to file Grostefon matters 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.
Appellee's motion to extend time to file an answer to the writ-appeal petition
is granted to July 25, 2023.
Mandate Issued
No.
22-0193/AF. U.S. v. Anthony A. Anderson. CCA 39969.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, July 14, 2023
Petition for Grant of Review Filed
No.
23-0218/NA. U.S. v. Matthew D. Norwood. CCA 201800038.
Miscellaneous Docket - Filings
No.
23-0217/AR. U.S. v. Richard J. Ramsey. Notice is hereby given that a petition
for extraordinary relief in the nature of writ of mandamus was filed under Rule
27(a).
No.
23-0218/NA. U.S. v. Matthew D. Norwood. CCA 201800038. Notice is hereby given
that a petition for grant of review of the decision of the United States
Navy-Marine Corps Court of Criminal Appeals and a supplement to said petition
were filed under Rules 20 and 21. Appellee may file an answer under Rule 21(c)
on or before the 3rd day of August, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, July 13, 2023
Petition for Grant of Review Denied
No.
23-0181/AR. U.S. v. Zachary B. Craghead. CCA
20210205.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, July 12,
2023
Petition for Grant of Review Filed
No.
23-0216/AF. U.S. v. Chase M. Thompson. CCA 40019.
Petition for Grant of Review - Summary
Disposition
No.
23-0175/AR. U.S. v. Austin C. Waldrop. CCA 20220002. On consideration of
Appellant's motion to withdraw the petition for grant of review, it is ordered
that the motion is hereby granted; and that the petition is withdrawn.
Interlocutory Orders
No.
23-0175/AR. U.S. v. Austin C. Waldrop. CCA 20220002. On consideration of
Appellant's motion to withdraw the petition for grant of review, it is ordered
that the motion is hereby granted; and that the petition is withdrawn.
No.
23-0215/CG. U.S. v. Mark J. Grijalva. CCA 1482. Appellant's motion to extend
time to file the supplement to the petition for grant of review is hereby
granted to August 2, 2023.
No.
23-0216/AF. U.S. v. Chase M. Thompson. CCA 40019. Appellant's motion to extend time to file the
supplement to the petition for grant of review is hereby granted to August 2,
2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, July 11, 2023
Petitions for Grant of Review Denied
No.
23-0169/AR. U.S. v. Kristian R. Pfeffer. CCA 20210263.
No.
23-0193/AR. U.S. v. Russell P. Cecil, Jr. CCA 20220349.
No.
23-0195/AR. U.S. v. Renso F. Vasquez. CCA 20210359.
Order Granting Petition for Review
No.
23-0139/NA. U.S. v. Thomas H. Martin. CCA 202100089. 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. DID THE LOWER COURT ERR IN HOLDING THAT THE
DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT DOES NOT PROTECT A SERVICEMEMBER'S
FUNDAMENTAL RIGHT TO A PANEL OF MEMBERS AT COURT-MARTIAL?
II. DID THE LOWER COURT ERR BY DEFERRING TO A
CONVENING AUTHORITY'S CASE-BY-CASE REFERRAL DECISION RATHER THAN AN OBJECTIVE
STANDARD TO DETERMINE WHETHER AN OFFENSE IS SERIOUS?
No
briefs will be filed under Rule 25.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, July 10, 2023
Petition for Grant of Review Filed
No.
23-0215/CG. U.S. v. Mark J. Grijalva. CCA 1482.
Miscellaneous Docket - Summary
Disposition
No.
23-0129/AF. David H. Juilleratv. U.S. CCA 34205. On consideration of the writ-appeal petition and Appellant's motion to
amend, motion for reasonable accommodations, and motion to file addendum, it is ordered that the motions are hereby denied; and
that the writ-appeal petition is denied.
Order Granting Petition for Review
No.
23-0147/NA. U.S. v. David M. Diaz. CCA 202100090. 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 issues:
I.
DID THE LOWER COURT ERR IN HOLDING THAT
THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT DOES NOT PROTECT A
SERVICEMEMBER'S FUNDAMENTAL RIGHT TO A PANEL OF MEMBERS AT COURT-MARTIAL?
II.
DID THE LOWER COURT ERR BY DEFERRING TO
A CONVENING AUTHORITY'S CASE-BY-CASE REFERRAL DECISION RATHER THAN AN OBJECTIVE
STANDARD TO DETERMINE
WHETHER AN OFFENSE IS SERIOUS?
No
briefs will be filed under Rule 25
Interlocutory Orders
No.
23-0129/AF. David H. Juillerat v. U.S. CCA 34205. On
consideration of the writ-appeal petition and Appellant's motion to amend,
motion for reasonable accommodations, and motion to file addendum, it is
ordered that the motions are hereby denied; and that the writ-appeal petition
is denied.
No.
23-0107/AR. U.S. v. Ladonies P. Strong. CCA 20200391.
On consideration of the grant order issued on June 23, 2023, it is ordered that
Appellant will file a brief on or before July 26, 2023; and that Appellee will
file a brief 30 days after Appellant's brief has been filed.
No.
23-0162/AF. U.S. v. Kristopher D. Cole. CCA 40189. On consideration of the
grant order issued on June 23, 2023, it is ordered that Appellant will file a
brief on or before July 26, 2023; and that Appellee will file a brief 30 days
after Appellant's brief has been filed.
No.
23-0161/AR. U.S. v. Sergio Salcedo. CCA 20210280. Appellant's motion to submit
matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982) is hereby granted.
No.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. Appellant's motion to extend
time to file the supplement to the petition for grant of review is hereby
granted to July 31, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, July 7, 2023
Petition for Grant of Review Filed
No.
23-0214/AR. U.S. v. Matthew A. Allen. CCA 20220579.
Interlocutory Order
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. On consideration of the
grant order issued on June 23, 2023, it is ordered that Appellant will file a
brief on or before July 26, 2023; and that Appellee will file a brief 30 days
after Appellant's brief has been filed.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, July 6, 2023
Petitions for Grant of Review Filed
No.
23-0212/AR. U.S. v. Marcus J. Mitchell. CCA 20220495.
No.
23-0213/AR. U.S. v. Robert M. Baba. CCA 20210199.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, July 5, 2023
Petition for Grant of Review Filed
No.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647.
Petitions for Grant of Review Denied
No.
23-0170/AF. U.S. v. Jaime R. Rodriguez. CCA 38519.
No.
23-0186/NA. U.S. v. Anthony E. Wilson. CCA 202200031.
No.
23-0187/AR. U.S. v. Alexis Gonzalez. CCA 20220071.
No.
23-0194/AR. U.S. v. Timothy D. Green. CCA 20210305.
Miscellaneous Docket - Filing
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. 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.
Interlocutory Orders
No.
23-0183/MC. U.S. v. Tyler J. Leger. CCA 202100310. 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 July 14, 2023, and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to July 26, 2023.
Home Page |
Opinions & Digest
| Daily
Journal | Scheduled
Hearings | Search
Site