UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, June 29, 2023
Petition for Grant of Review Filed
No.
23-0209/AF. U.S. v. Tyler J. Williamson. CCA 40211.
Interlocutory Order
No.
23-0199/NA. U.S. v. Elijah S. Susong. CCA 202100345. Appellant's second motion
to extend time to file the supplement to the petition for grant of review
is granted to July 24, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 28,
2023
Miscellaneous Docket - Summary
Dispositions
No.
23-0179/AR. In re Gene N. Williams, Petitioner. CCA 20130582. On consideration of
the petition for extraordinary relief in the nature of a
writ of mandamus, it is ordered that the petition is denied.
No.
23-0180/AR. In re Gene N. Williams, Petitioner. CCA 20130582. On consideration of
the petition for extraordinary relief in the nature of a
writ of error coram nobis, it is ordered that the petition is denied.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, June 27, 2023
Petition for Grant of Review Filed
No.
23-0208/AF. U.S. v. Anthony S. Arbo. CCA 40285.
Petitions for Grant of Review Denied
No.
23-0172/AR. U.S. v. Shawn S. Campbell. CCA 20210575.
No.
23-0177/AR. U.S. v. Brendan S. Goundry. CCA 20220218.
No.
23-0182/MC. U.S. v. Wyatt T. Weil. CCA 202200219.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 26, 2023
Interlocutory Orders
No.
22-0165/AF. U.S. v. Jonathan M. Martinez. CCA 39973. Appellant's motion for
leave to file a petition for reconsideration out of time and to suspend the
Court's rules is denied.
No.
22-0226/AR. U.S. v. Nicholas J. Apgar. CCA 20200615. On consideration of the
motion filed by Major Andrew R. Britt, 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.
22-0227/AR. U.S. v. Darrick E. Johnson. CCA 20200382. On consideration of the
motion filed by Major Andrew R. Britt, 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.
22-0258/AR. U.S. v. Roberto Aikanoff, Jr. CCA 20200423. On consideration of the
motion filed by Major Andrew R. Britt, 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.
23-0053/AR. U.S. v. Jose A. MunozGarcia. CCA 20200550. On consideration of the
motion filed by Major Andrew R. Britt, 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.
23-0080/AR. U.S. v. Anthony R. Ramirez. CCA 20210376. On consideration of the
motion filed by Major Andrew R. Britt, 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.
23-0172/AR. U.S. v. Shawn S. Campbell. CCA 20210575. On consideration of the
motion filed by Major Andrew R. Britt, 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
Friday, June 23, 2023
Petition for Grant of Review Denied
No.
23-0167/AF. U.S. v. Garret W. Souders. CCA 40145.
Orders Granting Petition for Review
No.
23-0107/AR. U.S. v. Ladonies P. Strong. CCA 20200391. 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 issues:
I. Whether the Army Court erred when it
determined that agents were still "endeavoring to seize" the digital media on
Appellant's phone after agents had already seized the phone.
II. Whether Appellant was prejudiced where the MJ
failed to instruct the panel in accordance with the plain language of the
charge sheet.
III.
Whether Appellant was deprived of her constitutional right to a unanimous
verdict.
Briefs
will be filed under Rule 25 on Issues I and II only.
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. 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?
Briefs
will be filed under Rule 25.
No.
23-0162/AF. U.S. v. Kristopher D. Cole. CCA 40189. 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 petition is granted on the
following issue:
WHETHER
APPELLANT IS ENTITLED TO RELIEF BECAUSE THE MILITARY JUDGE MISAPPREHENDED THE
OFFENSE IN SPECIFICATION 2 OF CHARGE II FOR WHICH HE SENTENCED APPELLANT.
Briefs
will be filed under Rule 25.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, June 22, 2023
Petition for Grant of Review Filed
No.
23-0207/AF. U.S. v. Samuel H. Smith. CCA 40202.
Petition for Grant of Review Denied
No.
23-0114/AR. U.S. v. Nelson O. Rodriguez. CCA 20210213.
Interlocutory Orders
No.
23-0021/NA. U.S. v. Nixon Keago. CCA 202100008. Appellant's second motion to
extend time to file a reply brief is granted to July 12, 2023.
No.
23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134. Appellant's motion to submit a
supplemental joint appendix is granted.
Mandate Issued
No.
22-0090/AF. U.S. v. Andrew P. Witt. CCA 36785.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 21,
2023
Petition for Grant of Review Filed
No.
23-0206/AF. U.S. v. Ryan M. Palik. CCA 40225.
Interlocutory Orders
No.
23-0021/NA. U.S. v. Nixon Keago. CCA 202100008. On consideration of the motion
filed by Lieutenant Megan E. Horst, 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.
23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134. Appellant's motion to file a
corrected brief is granted.
No.
23-0183/MC. U.S. v. Tyler J. Leger. CCA 202100310. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is granted
to July 5, 2023.
No.
23-0184/AR. U.S. v. Shjon M. Kern. CCA 20210302. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to July 5, 2023.
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
July 11, 2023.
No.
23-0205/AR. U.S. v. Denzler J. Thomas. CCA 20220041. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to July 11, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, June 20, 2023
Petition for Grant of Review Filed
No.
23-0205/AR. U.S. v. Denzler J. Thomas. CCA 20220041.
Petitions for Grant of Review Denied
No.
23-0122/NA. U.S. v. James D. McNichol. CCA 202100237.
No.
23-0151/AF. U.S. v. Justin M. Brissa. CCA 40206.
No.
23-0173/AR. U.S. v. Tyanah A. Morris. CCA 20210624.
Interlocutory Order
No.
23-0160/AR. U.S. v. Christian G. Alvarado. CCA 20210368. Appellant's fourth motion
to extend time to file the supplement to the petition for grant of review is
granted, up to and including to June 23, 2023, and no further extension of time
will be granted in this case.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, June 16, 2023
Petitions for Grant of Review Filed
No.
23-0203/AF. U.S. v. Nathaniel H. Paugh. CCA 40231.
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, June 15, 2023
Petitions for Grant of Review Denied
No.
23-0082/AR. U.S. v. Willis A. Grant. CCA 20200645.
No.
23-0143/MC. U.S. v. Jerion A. Figuereo. CCA 202100048.
Miscellaneous Docket - Filing
No.
23-0202/AR. Robert M. Lundsten, Petitioner v. United States Army Court of
Criminal Appeals, Respondent, and United States, Real Party in Interest. CCA
20220226. 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 Order
No.
23-0168/AF. U.S. v. Matthew D. Schauer. CCA 40203. Appellant's motion for leave
to file portions 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
Wednesday, June 14,
2023
Interlocutory Order
No.
23-0200/AF. U.S. v. Mori N. Esemoto. CCA 40273.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to July 5, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, June 13, 2023
Petition for Grant of Review Filed
No.
23-0201/AR. U.S. v. Robert R. Phillips. CCA 20220315.
Petitions for Grant of Review Denied
No.
23-0138/AR. U.S. v. Elan-Ray A. Anglin. CCA 20210583.
No.
23-0142/AF. U.S. v. Mark A. Peterson. CCA 40220.
No.
23-0144/AF. U.S. v. Alexander J. Dunleavy. CCA S32724.
No.
23-0171/AR. U.S. v. Marcellus O. McGlothlin. CCA 20220472.
Interlocutory Order
No.
23-0134/AF. United States, Appellant v. Zachary C. Rocha. CCA 40134. Appellee's
motion to supplement the joint appendix is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 12, 2023
Petitions for Grant of Review Filed
No.
23-0199/NA. U.S. v. Elijah S. Susong. CCA 202100345.
No.
23-0200/AF. U.S. v. Mori N. Esemoto. CCA 40273.
Petition for Grant of Review Denied
No.
23-0125/AR. U.S. v. George E. Alsobrooks IV. CCA 20200598.
Interlocutory Order
No.
23-0199/NA. U.S. v. Elijah S. Susong. CCA 202100345.
Appellant's motion to extend time to file the
supplement to the petition for grant of review is hereby granted to July 3,
2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, June 7, 2023
Petition for Grant of Review Filed
No.
23-0198/AF. U.S. v. Israel E. Flores. CCA 40294.
Petition for Grant of Review Denied
No.
23-0005/CG. U.S. v. Solomon R. Flores. CCA 1474.
Interlocutory Orders
No.
22-0205/AF. U.S. v. Andrew Y. Veerathanongdech. CCA 40005. On consideration of the motion filed by Major Alexandra K.
Fleszar for leave to withdraw as appellate 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 said motion is hereby granted.
No.
23-0066/AF. U.S. v. Alexander L. Driskill. CCA 39889. On consideration of the
Appellee's motion to extend time to file a brief, it is ordered that the motion
is granted to July 12, 2023.
No.
23-0075/AF. U.S. v. Antoine M. Tarnowski. CCA 40110. On consideration of the
motion filed by Major Alexandra K. Fleszar for leave to withdraw as appellate
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 said motion
is hereby granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, June 5, 2023
Petitions for Grant of Review Filed
No.
23-0196/AF. U.S. v. Dylan D. O'Hara. CCA 40281.
No.
23-0197/NA. U.S. v. Jacquez D. Codymiles. CCA 202100276.
Petitions for Grant of Review Denied
No.
23-0120/AF. U.S. v. Calvin M. Cooper. CCA 40092.
No.
23-0135/AR. U.S. v. Ulises E. Leon. CCA 20210270.
Interlocutory Orders
No.
23-0021/NA. U.S. v. Nixon Keago. CCA 202100008. Appellant's motion to extend time
to file a reply brief is granted to June 26, 2023.
No.
23-0160/AR. U.S. v. Christian G. Alvarado. CCA 20210368. On consideration of
Appellant's third motion to extend time to file the supplement to the petition
for grant of review, it is ordered that the motion is granted, up to and
including to June 20, 2023, and absent extraordinary circumstances, no further
extension of time will be granted in this case.
No.
23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711. Appellant's motion to file
matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A.
1982), is granted.
No.
23-0197/NA. U.S. v. Jacquez D. Codymiles. CCA 202100276. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to June 26, 2023.
Mandate Issued
No.
23-0001/AR. U.S. v. Cameron M. Mays. CCA 20200623.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, June 2, 2023
Petitions for Grant of Review Filed
No.
23-0194/AR. U.S. v. Timothy D. Green. CCA 20210305.
No.
23-0195/AR. U.S. v. Renso F. Vasquez. CCA 20210359.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, June 1, 2023
Petitions for Grant of Review Filed
No.
23-0190/AF. U.S. v. Derek N. Moss. CCA 40249.
No.
23-0191/AR. U.S. v. Kentrell M. Luckett. CCA 20210620.
No.
23-0192/AR. U.S. v. Marquis A. Love. CCA 20210396.
No.
23-0193/AR. U.S. v. Russell P. Cecil, Jr. CCA 20220349.
Order Granting Petition for Review
No.
23-0130/AR. U.S. v. Brendon D. Rubirivera. CCA 20200628. 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 ERRED IN INSTRUCTING THE MEMBERS THAT THEY COULD FIND
APPELLANT GUILTY WITH A NONUNANIMOUS VERDICT.
No
briefs will be filed under Rule 25
Interlocutory Orders
No.
23-0080/AR. U.S. v. Anthony R. Ramirez. CCA 20210376. Appellant's motion to
extend time to file a reply brief is granted to June 13, 2023.
No.
23-0189/AF. U.S. v. Damien K. Welsh. CCA S32719. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 21, 2023.
No.
23-0190/AF. U.S. v. Derek N. Moss. CCA 40249. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to June
21, 2023.
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