UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, November 30,
2023
Miscellaneous Docket - Filing
No.
24-0048/AR. Robert L. Barnett, Appellant v. United States, Appellee. CCA
20190709. 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.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of
Appellant's motion for a third enlargement of time to file a petition for
reconsideration, it is ordered that the motion is granted to December 29, 2023,
and absent extraordinary circumstances, no further extensions of time will be
granted in this case.
No.
24-0047/AF. U.S. v. Yasmeen M. Lake. CCA 40168. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to December 30, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, November 29,
2023
Petition for Grant of Review Filed
No.
24-0047/AF. U.S. v. Yasmeen M. Lake. CCA 40168.
Petitions for New Trial Filed
No.
24-0046/AR. U.S. v. Neil D. Pulver. CCA 20210670. Notice is hereby given that a
petition for a new trial and supporting brief were filed under Rule 29.
Appellee will file an answer under Rule 29(c) on or before the 29th day of December, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, November 28,
2023
Petition for Grant of Review Denied
No.
23-0232/AR. U.S. v. Lesly J. Lindor. CCA 20210520.
Interlocutory Orders
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. On consideration of
Appellant's second motion to extend time to file a brief, it is ordered that
the motion is hereby granted, but only up to and including December 12, 2023;
and that, no further extensions of time will be granted in this case.
No.
24-0045/MC. U.S. v. Jacob R. Long. CCA 202200156. 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 December
18, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, November 27,
2023
Petition for Grant of Review Filed
No.
24-0045/MC. U.S. v. Jacob R. Long. CCA 202200156.
Miscellaneous Docket - Filing
No.
24-0035/AR. Sergio A. Reyes-Lesmes v. U.S. CCA 20180396. Notice is hereby 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 November 21, 2023, and placed on the docket November 27,
2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, November 22,
2023
Petition for Grant of Review - Summary
Disposition
No.
23-0249/AR. U.S. v. David W. Carter, Jr. CCA 20200445. On consideration of
Appellee's motion to dismiss the petition for grant of review and Appellant's
motion to stay proceedings, it is ordered that Appellee's motion to dismiss is
granted; the petition for grant of review is dismissed for lack of jurisdiction;
and Appellant's motion to stay proceedings is denied as moot.
Interlocutory Orders
No.
24-0043/AR. U.S. v. Billie R. Collins. CCA 20210555. 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 December 12, 2023.
No.
24-0044/AR. U.S. v. Matthew P. White. CCA 20220252. 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 December 12, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, November 21,
2023
Petitions for Grant of Review Filed
No.
24-0042/AR. U.S. v. Bradley E. Rathbun. CCA 20220467.
No.
24-0043/AR. U.S. v. Billie R. Collins. CCA 20210555.
No.
24-0044/AR. U.S. v. Matthew P. White. CCA 20220252.
Petition for Grant of Review Denied
No.
23-0213/AR. U.S. v. Robert M. Baba. CCA 20210199.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, November 20,
2023
Petition for Grant of Review Filed
No.
24-0041/AR. U.S. v. Timothy M. Tindall. CCA 20220083.
Interlocutory Orders
No.
24-0013/AR. U.S. v. Eric L. Thompson. CCA 20220040. On consideration of
Appellant's motion to withdraw and substitute the supplement to the petition
for grant of review, it is ordered that the motion is hereby granted.
No.
24-0020/MC. U.S. v. Justin T. Ellard. CCA 202200051. On consideration of
appellant's second 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
December 20, 2023; and that, no further extensions of time will be granted in
this case.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, November 17,
2023
Petitions for Grant of Review Filed
No.
24-0038/MC. U.S. v. David G. Hotz III. CCA 202300081.
No.
24-0039/AR. U.S. v. Jamel L. Brown. CCA 20220627.
No.
24-0040/AR. U.S. v. Jeremy T. Dunn. CCA 20210428.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, November 16,
2023
Petitions for Grant of Review Filed
No.
24-0036/AR. U.S. v. Joel Y. Easter. CCA 20220459.
No.
24-0037/NA. U.S. v. Michael Guider, Jr. CCA 202300043.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, November 15,
2023
Interlocutory Orders
No.
23-0233/NA. In re B.M. v. U.S. & Bailey. CCA 202300050. On consideration of
the motion filed by the United States Marine Corps Victims' Legal Counsel
Organization and the United States Navy Victim's Legal Counsel Program for
leave to present oral arguments as amicus curiae, it is ordered that the
motion is hereby denied.
No.
24-0035/AR. Sergio A. Reyes-Lesmes v. U.S. CCA 20180396. On consideration of
the motion filed by the United States Marine Corps Victims' Legal Counsel
Organization and the United States Navy Victim's Legal Counsel Program for
leave to present oral arguments as amicus curiae, it is ordered that the
motion is hereby denied.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, November 14,
2023
Petitions for Grant of Review Denied
No.
23-0256/AF. U.S. v. Jordan R. Lee. CCA 40258.
No.
24-0007/AR. U.S. v. Michael T. Hernandez. CCA 20220395.
Miscellaneous Docket - Filing
No.
24-0035/AR. U.S. v. Sergio A. Reyes-Lesmes. CCA 20180396. Notice is given that
a petition for extraordinary relief in the nature of a writ-appeal was filed
under Rule 27(b).
Interlocutory Order
No.
23-0225/AR. U.S. v. Michael L. Wilson. CCA 20210276. Appellant's second motion
to extend time to file a brief is hereby granted to November 20, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, November 13,
2023
Petition for Grant of Review Filed
No.
24-0034/AR. U.S. v. Ismael G. Armentaruiz. CCA
20220610.
Miscellaneous Docket - Summary
Disposition
No.
23-0257/AF. In re Humphrey Daniels III. CCA 39407. On consideration of
the petition for extraordinary relief in the nature of a
writ of prohibition, or in the alternative, a writ of mandamus, or other
extraordinary relief, and petitioner's motion to file pro se, it is ordered
that the motion to file pro se is denied; and that
the petition is hereby dismissed as untimely.
Order Granting Petition for Review
No.
24-0002/AR. U.S. v. Allan L. Armstrong. CCA 20210644. 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'S DEPARTURE FROM IMPARTIALITY DEPRIVED APPELLANT OF HIS
RIGHT TO A FAIR TRIAL.
Appellant
will file a brief on or before December 13, 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.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. Appellant's motion to extend
time to file a brief is hereby granted to November 27,
2023.
No.
23-0215/CG. U.S. v. Mark J. Grijalva. CCA 1482. Appellant's motion to file an additional supplement to the petition for grant of review is hereby granted. Appellant may file an additional supplement to the petition for grant of review on or before November 27, 2023.
No.
24-0029/AR. U.S. v. Randall J. Clapham. CCA 20210243. Appellant's second motion
to extend time to file the supplement to the petition
for grant of review is hereby granted to December 13, 2023.
No.
24-0032/MC. U.S. v. Emanuel R. Santoscruz. CCA 202200063. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is hereby granted to December 4, 2023.
No.
24-0033/AF. Gregory P. Banker v. U.S. CCA 2022-01. Notice is hereby given that
a motion for enlargement of time to file a writ-appeal petition for review of
the decision of the United States Air Force Court of Criminal Appeals on
application for extraordinary relief was filed under Rule 27(b) on November 9,
2023, and placed on the docket November 9, 2023. On consideration thereof, it
is ordered that the motion is hereby granted to December 14, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, November 9,
2023
Petitions for Grant of Review Filed
No.
24-0031/AR. U.S. v. Alberto Esparza. CCA 20220375.
No.
24-0032/MC. U.S. v. Emanuel R. Santoscruz. CCA 202200063.
Miscellaneous Docket - Filing
No.
24-0033/AF. Gregory P. Banker, Petitioner v. United States, Respondent. CCA
2022-01. Notice is given that a motion for enlargement of time to file a
writ-appeal petition for review of the decision of the United States Air Force Court
of Criminal Appeals on application for extraordinary relief was filed under
Rule 27(b) on November 9, 2023, and placed on the docket November 9, 2023. On
consideration thereof, it is ordered that the motion is granted to December 14,
2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, November 8,
2023
Interlocutory Orders
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. Appellant's motion to
reschedule oral argument is granted.
No.
23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089. Appellee's motion to extend
time to file a brief is granted to December 15, 2023.
No.
24-0028/AF. U.S. v. Daniel O. Gause-Radke. CCA 40343. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to November 28, 2023.
No.
24-0029/AR. U.S. v. Randall J. Clapham. CCA 20210243. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to November 28, 2023.
No.
24-0030/AF. U.S v. David G. Gonzalez Hernandez. CCA S32732. Appellant's motion
to extend time to file the supplement to the petition
for grant of review is granted to November 28, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, November 7,
2023
Petitions for Grant of Review Filed
No.
24-0029/AR. U.S. v. Randall J. Clapham. CCA 20210243.
No.
24-0030/AF. U.S v. David G. Gonzalez Hernandez. CCA S32732.
Petitions for Grant of Review Denied
No.
23-0252/AF. U.S. v. Michael E. Hernandez. CCA 40287.
No.
24-0006/AR. U.S. v. Tony L. Butler, Jr. CCA 20220647.
Hearing
No.
23-0198/AF. U.S. v. Israel E. Flores. CCA 40294.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, November 6,
2023
Petitions for Grant of Review Filed
No.
24-0026/AR. U.S. v. Lavaria K. Jefferson. CCA 20220448.
No.
24-0027/AF. U.S. v. Aiden B. King. CCA 39927.
No.
24-0028/AF. U.S. v. Daniel O. Gause-Radke. CCA 40343.
Interlocutory Orders
No.
23-0021/NA. U.S. v. Nixon Keago. CCA 202100008. Appellant's motion to file a
supplemental argument, and Appellee's motion to return part of the joint
appendix are granted.
No.
23-0085/AF. U.S. v. Jonel H. Guihama. CCA 40039. Appellant's motion for leave
to file a brief and portions of the joint appendix under seal is granted as it
pertains to Appellant's interrogations, but denied as it pertains to the
transcripts and Appellant's brief.
No.
23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711. On consideration of a motion
by Movant K.C. to compel all counsel of record to comply with C.A.A.F. R. 39
(2023) by serving her counsel with a copy of any pleading or other paper, it is
noted:
(1)
C.A.A.F. R. 39(a) requires service of pleadings and other paper on "all counsel
of record, including amicus curiae counsel";
(2)
under C.A.A.F. R. 16(a), a counsel becomes a counsel of record by filing a
notice of appearance or making another filing "in the representation of a party
to an action before the Court";
(3)
Movant is not a party to the action before the Court, as the term "party" is
used in C.A.A.F. R. 8(b), because when this Court granted Appellant's petition
for review under Article 67(a)(3), Uniform Code of Military Justice, 10 U.S.C.
§ 867(a)(3) (2018), the Court recognized only two parties: Appellant (Technical
Sergeant Matthew P. Leipart) and Appellee (the United States);
(4)
Movant's counsel therefore does not represent Movant as a party to an action
before the Court and therefore cannot be a counsel of record;
(5)
Movant has not filed a brief as amicus curiae under C.A.A.F. R. 26(a), and
therefore Movant's counsel is not amicus curiae counsel; and
(6)
Movant and her counsel are therefore not entitled to service under C.A.A.F. R.
39(a).
Accordingly,
it is ordered that said motion is denied.
No.
23-0207/AF. U.S. v. Samuel H. Smith. CCA 40202. Appellee's motion to submit a
supplemental joint appendix is granted.
No.
24-0009/AF. U.S. v. Kevin R. Romero-Alegria. CCA 40199. Appellant's motion to
file the supplement to the petition for grant of review under seal is granted.
No.
24-0027/AF. U.S. v. Aiden B. King. CCA 39927. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to November 27, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, November 3,
2023
Petitions for Grant of Review Denied
No.
24-0001/AF. U.S. v. Garrett J. Pagan. CCA S32738.
No.
24-0003/AR. U.S. v. Juan A. Rosa Nazario. CCA 20220405.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, November 2,
2023
Order Granting Petition for Review
No.
23-0224/AF. U.S. v. Charles S. Nestor. CCA 40250. On consideration of the
petition for grant of review of the decisions of the United States Air Force
Court of Criminal Appeals, it is ordered that said petition is hereby granted
on the following issue:
WHETHER
UNITED STATES v. PHILLIPS, 70 M.J. 161 (C.A.A.F. 2011) WAS WRONGLY
DECIDED, AND UNDER A STARE DECISIS ANALYSIS, SHOULD BE OVERRULED. IF SO, SHOULD APPELLANT'S REMAINING CONVICTION BE SET ASIDE AND DISMISSED
BECAUSE THE GOVERNMENT PROVIDED INSUFFICIENT
EVIDENCE AS TO THE TERMINAL ELEMENT?
No
briefs will be filed under Rule 25.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, November 1,
2023
Order Granting Petition for Review
No.
23-0245/AF. U.S. v. Ryan Parino-Ramcharan. CCA 40171. 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 JUDGE ADVOCATE GENERAL AND THE AIR FORCE COURT OF CRIMINAL APPEALS LACKED
JURISDICTION TO REVIEW APPELLANT'S CASE.
Appellant
will file a brief on or before December 1, 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.
Petition for Reconsideration Denied
No.
23-0207/AF. U.S. v. Samuel H. Smith. CCA 40202. Appellant's petition for
reconsideration of the order issued September 6, 2023, is denied.
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