UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, September 29,
2023
Petition for Grant of Review Filed
No.
23-0261/AR. U.S. v. Jason J. Geranen. CCA 20210306.
Petitions for Grant of Review Denied
No.
23-0236/AR. U.S. v. Jorge G. Martinezcolon. CCA
20210071.
No.
23-0241/AR. U.S. v. Christopher A. Oen. CCA 20220239.
Notice
Pursuant to Rule 45 of the
Rules of Practice and Procedure, United States Court of Appeals for the Armed
Forces, the following persons are, this 30th day of September, 2023, hereby appointed as members of the Rules
Advisory Committee, effective October 1, 2023, for a term expiring on September
30, 2026:
Mr. William A. DeCicco, Esq.
Ms. Rebecca S. Snyder, Esq.
Mr. Solomon L. Wisenberg,
Esq.
The following members, whose
terms expire on the dates indicated below, remain on the Rules Advisory
Committee:
To
expire on September 30, 2024:
Mr. Dwight H. Sullivan, Esq.
Mr. Thomas E. Booth, Esq.
Mr. John P. Taitt, Esq.
To expire on September 30,
2025:
Prof. Alan B. Morrison (Chair)
Ms. Michelle Lindo McCluer, Esq.
Ms. Carol K. Joyce, Esq.
The Clerk of the Court is an ex officio member
of the Committee and serves as its Reporter.
The
Court expresses its deep appreciation to Matthew G. Kaiser for his many years
of distinguished service as a member of the Rules Advisory Committee.
For the Court,
Malcolm H. Squires, Jr.
Clerk of the Court
2022
TERM OF COURT
In the Matter of the 2022 Term of Court, it is ordered that the
following case, heard during the 2022 Term of Court, is hereby carried over
from the 2022 Term of Court to the October 2023 – September 2024 Term of Court: United States v. Brown, No. 22-0249/CG.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, September 28,
2023
Interlocutory Order
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. Appellee's motion to seal
the supplement to the petition for grant of review is hereby granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, September
27, 2023
Petitions for Grant of Review Filed
No.
23-0259/AR. U.S. v. Suguru L. Saito. CCA 20220501.
No.
23-0260/AF. U.S. v. Andre T. Falls Down. CCA 40268.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, September 26,
2023
Petition for Grant of Review Denied
No.
23-0234/AF. U.S. v. William C. McAlhaney. CCA 39979.
Miscellaneous Docket - Filing
No.
23-0258/AR. Rene D. Alfaro, Petitioner v. Judges of the United States Army
Court of Criminal Appeals, Respondent. Notice is given that a petition for
extraordinary relief in the nature of a writ of
mandamus was filed under Rule 27(a).
Orders Granting Petition for Review
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. 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 issue:
WAS
APPELLANT DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO AN
IMPARTIAL JUDGE?
Appellant
will file a brief on or before October 27, 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.
23-0225/AR. U.S. v. Michael L. Wilson. CCA 20210276. 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 COMMITTED PREJUDICIAL ERROR BY ADMITTING APPELLANT'S
NOTEBOOK UNDER MILITARY RULE OF EVIDENCE 404(b).
Appellant
will file a brief on or before October 27, 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
Monday, September 25,
2023
Petitions for Grant of Review Denied
No.
23-0205/AR. U.S. v. Denzler J. Thomas. CCA 20220041.
No.
23-0235/AR. U.S. v. Joshua B. Beasley. CCA 20210548.
Miscellaneous Docket - Filing
No.
23-0257/AF. United States v. Humphrey Daniels III. Notice is hereby
given that a petition for extraordinary relief in the nature of a writ of
prohibition or in the alternative, a writ of mandamus, or other extraordinary
relief, was filed under Rule 27(a).
Interlocutory Orders
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. Appellant's second motion
to extend time to file a reply brief is hereby granted to September 25, 2023.
No.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. Appellant's motion to file
matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A.
1982) is hereby granted.
No.
23-0233/NA. In re B.M. v. U.S and Dominic R. Bailey. CCA 202300050. On
consideration of the motion filed by Major Rocco J. Carbone III, for leave to
withdraw as Appellant's counsel, it is ordered that the motion is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, September 21,
2023
Interlocutory Orders
No.
23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711.
Appellant's motion to extend time to file a reply
brief is granted to October 13, 2023.
No.
23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711.
Appellee's motion to supplement the joint appendix is granted.
No.
23-0198/AF. U.S. v. Israel E. Flores. CCA 40294. Appellee's motion to
supplement the joint appendix is granted.
No.
23-0249/AR. U.S. v. David W. Carter, Jr. CCA 20200445. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted to October 11, 2023.
No.
23-0256/AF. U.S. v. Jordan R. Lee. CCA 40258. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to October 11, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, September
20, 2023
Petition for Grant of Review Filed
No.
23-0256/AF. U.S. v. Jordan R. Lee. CCA 40258.
Interlocutory Orders
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's motion for an
enlargement of time to file a petition for reconsideration is granted to
October 31, 2023.
No.
23-0198/AF. U.S. v. Israel E. Flores. CCA 40294. On consideration of the motion
filed by Colonel James A. Young, USAF (R), 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
Tuesday, September 19,
2023
Petition for Grant of Review Filed
No.
23-0255/AR. U.S. v. Joel Y. Easter. CCA 20220459.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, September 18,
2023
Interlocutory Orders
No.
23-0233/NA. In re B.M., Appellant v. United States, Appellee and Dominic R.
Bailey, Real Party In Interest. CCA 202300050. Appellant's motion for leave to
file the brief and other matters under seal is granted.
No.
23-0239/NA. U.S. v. Rodney D. Harvey. CCA 202200040. Appellant's second motion
to extend time to file the supplement to the petition
for grant of review is granted to September 28, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, September 15,
2023
Petitions for Grant of Review Filed
No.
23-0253/AR. U.S. v. Shadai A. Brimmer. CCA 20210622.
No.
23-0254/AR. U.S. v. Joseph L. Cook. CCA 20220153.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, September 14,
2023
Petitions for Grant of Review Filed
No.
23-0251/AR. U.S. v. Nyrico A. Reedy. CCA 20220170.
No.
23-0252/AF. U.S. v. Michael E. Hernandez. CCA 40287.
Interlocutory Order
No.
23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. Appellant's motion to
extend time to file a reply brief is hereby granted to September 22, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, September
13, 2023
Certificate for Review
No.
23-0250/AF. H.V.Z v. U.S. & Fewell. CCA 2023-03. Notice is given that a
certificate for review of the decision of the United States Air Force Court of
Criminal Appeals was filed under Article 6b on this date on the following
issues:
I. DID THE MILIRARY JUDGE ERR WHEN HE DETERMINED
THAT H.V.Z.'S DOD HEALTH RECORD WAS IN THE POSSESSION, CUSTODY, OR CONTROL OF
MILITARY AUTHORITIES PURSUANT TO RCM 701(a)(2)(A) AND RCM 701(a)(2)(B)?
II. DID THE MILTIARY JUDGE ERR WHEN HE DID NOT
CONSIDER H.V.Z.'S WRITTEN OBJECTION TO PRODUCTION OF HER DOD HEALTH RECORD AS
HE FOUND SHE DID NOT HAVE STANDING NOR A RIGHT TO BE HEARD?
III. WHETHER H.V.Z. MUST SHOW THE MILITARY JUDGE
CLEARLY AND INDISPUTABLY ERRED FOR WRIT TO ISSUE UNDER ARTICLE 6b(e) UCMJ OR
SHALL ORDINARY STANDARDS OF APPELLATE REVIEW APPLY?
IV. WHETHER THIS COURT SHOULD ISSUE A WRIT OF
MANDAMUS?
Miscellaneous Docket - Summary
Dispositions
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.
Upon consideration of the petition for extraordinary relief in the nature of a
writ of mandamus, it is noted that Petitioner filed a motion in the United
States Army Court of Criminal Appeals (ACCA), seeking permission under Rule for
Courts-Martial (R.C.M.) 1113 to examine certain sealed materials in the record.
The ACCA granted the motion in part but also denied it in part because the
motion did not comply with A.C.C.A. R. 6.9. Petitioner now contends that the
ACCA should have granted his motion in its entirety. He asks this Court to
issue a writ of mandamus directing the judges of the ACCA to permit him to
examine the sealed materials at issue. It is ordered that the petition for
extraordinary relief is denied. The denial of the petition is without prejudice
to Petitioner's filing a motion in the ACCA that complies with A.C.C.A. R. 6.9
or challenges the validity of A.C.C.A. R. 6.9. The denial of the petition is
also without prejudice to Petitioner's right to raise the matters asserted
during the course of normal appellate review.
No.
23-0228/AR. Rene D. Alfaro, Petitioner v. Judges of the U.S. Army Court of
Criminal Appeals, Respondent. CCA 2022-14. Upon consideration of the petition for
extraordinary relief in the nature of a writ of mandamus and writ of
prohibition, it is noted that Petitioner filed a motion in the United States
Army Court of Criminal Appeals (ACCA), seeking permission under Rule for
Courts-Martial (R.C.M.) 1113 to examine sealed materials in the record. The
ACCA granted the motion in part and denied it in part. Petitioner now contends
that the ACCA should have granted his motion in its entirety. He asks this
Court to issue a writ of mandamus directing the judges of the ACCA to permit
him to examine the entire sealed portions of the record of trial. The
Government has responded that the ACCA properly denied Petitioner's motion
because the motion did not comply with A.C.C.A. R. 6.9. It is ordered that the
petition for extraordinary relief is denied. The denial of the petition is
without prejudice to Petitioner's filing a motion in the ACCA that complies
with A.C.C.A. R. 6.9 or challenges the validity of A.C.C.A. R. 6.9. The denial of
the petition is also without prejudice to Petitioner's right to raise the
matters asserted during the course of normal appellate review.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, September 12,
2023
Petition for Grant of Review Filed
No.
23-0249/AR. U.S. v. David W. Carter, Jr. CCA 20200445.
Petitions for Grant of Review Denied
No.
23-0214/AR. U.S. v. Matthew A. Allen. CCA 20220579.
No.
23-0216/AF. U.S. v. Chase M. Thompson. CCA 40019.
No.
23-0230/MC. U.S. v. Payton Z. Hejna. CCA 202100326.
Interlocutory Order
No.
23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's motion for
leave to file matters pursuant to United States v. Grostefon, 12 M.J.
431 (C.M.A. 1982), out of time and to exceed page limitations is denied.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, September 11,
2023
Petitions for Grant of Review Filed
No.
23-0247/AR. U.S. v. Zachary A. Bennett. CCA 20230023.
No.
23-0248/AR. U.S. v. Damariyae T. Pope. CCA 20210501.
Petition for Grant of Review - Summary
Disposition
No.
23-0107/AR. U.S. v. Ladonies P. Strong. CCA 20200391. On further
consideration of the granted issues, __ M.J. __ (C.A.A.F. 2023), and the briefs
of the parties, it is ordered that the grant of review of specified issue II in
the Court's order of June 23, 2023, is vacated.
Interlocutory Orders
No.
23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089. Appellant's motion to
extend time to file a brief is granted to October 16, 2023, and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
23-0246/AR. U.S. v. Neil D. Pulver. CCA 20210670. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to October 2, 2023.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, September 8,
2023
Petition for Grant of Review Filed
No.
23-0246/AR. U.S. v. Neil D. Pulver. CCA 20210670.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, September 6,
2023
Petitions for Grant of Review Denied
No.
23-0185/NA. U.S. v. Brian J. Kuester. CCA 202100322.
No.
23-0222/AF. U.S. v. Alexander V. Jones. CCA 40226.
No.
23-0229/AR. U.S. v. Kaleel A. Simmonds. CCA 20220378.
Miscellaneous Docket - Summary
Disposition
No.
23-0227/AR. Richard J. Ramsey, Appellant v. United States, Appellee. CCA
20230343.
On consideration of the writ-appeal petition, it is ordered that the petition
is denied.
Order Granting Petition for Review
No.
23-0207/AF. U.S. v. Samuel H. Smith. CCA 40202. 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
APPELLANT'S CONVICTION FOR BREACH OF PEACE, BASED EXCLUSIVELY ON SPEECH, IS
LEGALLY INSUFFICIENT AND UNCONSTITUTIONAL WHERE, INTER ALIA, ALL PARTIES AGREE
THE CHARGED SPEECH DID NOT CONSTITUTE "FIGHTING WORDS."
Appellant
will file a brief on or before October 6, 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.
23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407. On consideration of the
motion filed by Attorney Tami L. Mitchell, Civilian Defense Counsel, for leave
to withdraw as counsel, it is ordered that the motion is granted.
No.
23-0213/AR. U.S. v. Robert M. Baba. CCA 20210199. Appellant's second motion to
file an additional supplement to the petition for grant of is granted to
October 10, 2023, and absent extraordinary circumstances, no further extension
of time will be granted in this case.
No.
23-0226/AR. U.S. v. Dashawna D. Robinson. CCA 20220043. 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 September 13, 2023, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No.
23-0232/AR. U.S. v. Lesley J. Lindor. CCA 20210520. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, September 5,
2023
Petition for Grant of Review Filed
No.
23-0245/AF. U.S. v. Ryan Parino-Ramcharan. CCA 40171.
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