UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 29, 2024

Petition for Grant of Review Filed

No. 24-0100/AF. U.S. v. Everett W. Emerson. CCA 40297.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 27, 2024

Interlocutory Orders

No. 23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. Appellant's motion to file a reply brief under seal is granted.

No. 23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. On consideration of the motion filed by "Wouldyou.Care" for leave to file out of time and motion for leave to file an amicus curiae brief in support of Appellant, it is ordered that the motion is denied. 

Hearing

No. 23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 26, 2024

Petition for Grant of Review Filed

No. 24-0099/MC. U.S. v. Isaiah M. Perez. CCA 202300198.

Petitions for Grant of Review Denied

No. 24-0047/AF. U.S. v. Yasmeen M. Lake. CCA 40168.

No. 24-0059/AR. U.S. v. Noah P. Smith. CCA 20220522.

No. 24-0068/AR. U.S. v. Dylan L. Griffin. CCA 20220211.

No. 24-0071/AF. U.S. v. Devontaye T. Harden. CCA 40329.

No. 24-0079/MC. U.S. v. Christopher R. Thomas. CCA 202300169.

Interlocutory Orders

No. 24-0011/MC. U.S. v. Sean M. Swisher. CCA 202100311. Appellee's motion to extend time to file a brief is granted to March 18, 2024.

No. 24-0098/AF. U.S. v. Thomas M. Saul. CCA 40341. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 18, 2024.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 23, 2024

Petition for Grant of Review Filed

No. 24-0098/AF. U.S. v. Thomas M. Saul. CCA 40341.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 22, 2024

Order Granting Petition for Review

No. 24-0069/AF. U.S. v. Bradley D. Lampkins. CCA 40135. 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 issues:

I. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS JURISDICTION TO DIRECT MODIFICATION OF THE 18 U.S.C. § 922 PROHIBITION NOTED ON THE STAFF JUDGE ADVOCATE'S INDORSEMENT TO THE ENTRY OF JUDGMENT.

II. AS APPLIED TO APPELLANT, WHETHER THE GOVERNMENT CAN PROVE 18 U.S.C. § 922 IS CONSTITUTIONAL BY "DEMONSTRATING THAT IT IS CONSISTENT WITH THE NATION'S HISTORICAL TRADITION OF FIREARM REGULATION" WHEN APPELLANT WAS NOT CONVICTED OF A VIOLENT OFFENSE. (quoting New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111, 2130 (2022)).

No briefs will be filed under Rule 25

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 21, 2024

Petition for Grant of Review Denied

No. 24-0024/AR. U.S. v. Julius N. Batts. CCA 20210559.

Interlocutory Orders

No. 23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. On consideration of Appellant's motion for sealed oral argument and the government's qualified consent to said motion, it is ordered that said motion is denied. All parties will refer to the victim and witnesses by the pseudonyms employed by the United States Navy-Marine Corps Court of Criminal Appeals if necessary to the presentation of counsel's oral argument on the assigned issue.

No. 23-0239/NA. U.S. v. Rodney D. Harvey. CCA 202200040. On consideration of the motion filed by Colonel James A. Young for leave to file an amicus curiae brief, it is ordered that the motion is granted.

No. 24-0085/AF. U.S. v. Jeremy M. Zier. CCA 21014. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to March 13, 2024.

No. 24-0096/AF. U.S. v. Jaquan Q. Greene-Watson. CCA 40293. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 12, 2024.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 20, 2024

Petitions for Grant of Review Filed

No. 24-0096/AF. U.S. v. Jaquan Q. Greene-Watson. CCA 40293.

No. 24-0097/AR. U.S. v. Jamel I. Walker. CCA 20220125.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 16, 2024

Miscellaneous Docket - Summary Disposition

No. 24-0054/AR. Robert M. Lundsten, Petitioner v. United States Army Court of Criminal Appeals, Respondent and United States, Real Party In Interest. CCA 20220260. On further consideration of the petition for extraordinary relief in the nature of a writ of mandamus, we conclude that United States Army Court of Criminal Appeals Rule of Appellate Procedure 6.9(d) conflicts with Rule for Courts-Martial 1113 and is therefore unenforceable. Accordingly, it is ordered that the petition is granted, and the stay of proceedings granted on January 11, 2024, is lifted.

Order Granting Petition for Review

No. 24-0049/AF. U.S. v. S'hun R. Maymi. CCA 40332. 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 issues:

I. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS JURISDICTION TO DIRECT MODIFICATION OF THE 18 U.S.C. § 922 PROHIBITION NOTED ON THE STAFF JUDGE ADVOCATE'S INDORSEMENT TO THE ENTRY OF JUDGMENT.

II. AS APPLIED TO APPELLANT, WHETHER THE GOVERNMENT CAN PROVE 18 U.S.C. § 922 IS CONSTITUTIONAL BY "DEMONSTRATING THAT IT IS CONSISTENT WITH THE NATION'S HISTORICAL TRADITION OF FIREARM REGULATION" WHEN APPELLANT WAS NOT CONVICTED OF A VIOLENT OFFENSE. (quoting New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111, 2130 (2022)).

No briefs will be filed under Rule 25.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 15, 2024

Petitions for Grant of Review Filed

No. 24-0094/AR. U.S. v. Santiago Gutierrez, Jr. CCA 20230004.

No. 24-0095/AR. U.S. v. Jahcorrie G. Nealy. CCA 20230187.

Petitions for Grant of Review Denied

No. 24-0010/AR. U.S. v. Devante L. Owens. CCA 20210643.

No. 24-0028/AF. U.S. v. Daniel O. Gause-Radke. CCA 40343.

No. 24-0041/AR. U.S. v. Timothy M. Tindall. CCA 20220083.

Interlocutory Order

No. 23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299. Appellee's motion to file sealed material is granted.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 13, 2024

Interlocutory Orders

No. 24-0088/MC. U.S. v. Daniel K. Chege. CCA 202200079. Appellant's motion to extend time to file a supplement to the petition for grant of review is granted to March 4, 2024.

No. 24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302. Appellant's motion to extend time to file a supplement to the petition for grant of review is granted to March 4, 2024.

No. 24-0090/MC. U.S. v. Emmanuel Nina. CCA 202200255. Appellant's motion to extend time to file a supplement to the petition for grant of review is granted to March 4, 2024.

No. 24-0091/AR. U.S. v. Jonathan Marin. CCA 20210375. Appellant's motion to extend time to file a supplement to the petition for grant of review is granted to March 4, 2024.

No. 24-0092/AR. U.S. v. Daniel D. Herman. CCA 20220248. Appellant's motion to extend time to file a supplement to the petition for grant of review is granted to March 4, 2024.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 12, 2024

Petitions for Grant of Review Filed

No. 24-0090/MC. U.S. v. Emmanuel Nina. CCA 202200255.

No. 24-0091/AR. U.S. v. Jonathan Marin. CCA 20210375.

No. 24-0092/AR. U.S. v. Daniel D. Herman. CCA 20220248.

Petitions for Grant of Review Denied

No. 24-0043/AR. U.S. v. Billie R. Collins. CCA 20210555.

No. 24-0075/MC. U.S. v. Mason K. Armao. CCA 202200109.

Certificate for Review Filed

No. 24-0093/MC. United States, Appellant v. Brandon K. Flanner, Appellee. CCA 202300134. Notice is given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals and supporting brief were filed under Rule 22 on this date on the following issue:

DID THE MILITARY JUDGE ABUSE HER DISCRETION WHEN SHE SUPPRESSED APPELLEE'S NON-CUSTODIAL, PRE-PREFERRAL, SELF-SCHEDULED INTERVIEW WITH LAW ENFORCEMENT IN WHICH APPELLEE WAIVED THE RIGHTS TO COUNSEL AND TO REMAIN SILENT?

Appellee will file an answer under Rule 22(b) on or before the 13th day of March, 2024.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 9, 2024

Petitions for Grant of Review Filed

No. 24-0088/MC. U.S. v. Daniel K. Chege. CCA 202200079.

No. 24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 8, 2024

Petition for Grant of Review Denied

No. 24-0014/AR. U.S. v. Anthony R. Allred. CCA 20220141.

Interlocutory Order

No. 24-0087/AF. U.S. v. Travis I. Holt. CCA 40390. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 28, 2024.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 7, 2024

Petition for Grant of Review Filed

No. 24-0087/AF. U.S. v. Travis I. Holt. CCA 40390.

Interlocutory Orders

No. 24-0085/AF. U.S. v. Jeremy M. Zier. CCA 21014. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 27, 2024.

No. 24-0086/AF. U.S. v. Jordan S. Edwards. CCA 40349. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 27, 2024.

Hearings

No. 23-0085/AF. U.S. v. Jonel H. Guihama. CCA 40039.

No. 23-0223/AF. U.S. v. Jeremy J. Stradtmann. CCA 40237.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 6, 2024

Hearing

No. 23-0215/CG. U.S. v. Mark J. Grijalva. CCA 1482.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 5, 2024

Petitions for Grant of Review Filed

No. 24-0085/AF. U.S. v. Jeremy M. Zier. CCA 21014.

No. 24-0086/AF. U.S. v. Jordan S. Edwards. CCA 40349.

Petitions for Grant of Review Denied

No. 24-0064/AR. United States v. Sam U. Ly. CCA 20220633.

No. 24-0072/NA. U.S. v. Christopher W. Walls. CCA 202300120.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 2, 2024

Petitions for Grant of Review Denied

No. 23-0261/AR. U.S. v. Jason J. Geranen. CCA 20210306.

No. 24-0052/AR. U.S. v. Keith J. Lee, Jr. CCA 20220444.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 1, 2024

Petition for Grant of Review - Summary Disposition

No. 24-0063/AR. U.S. v. Justin M. Scott. CCA 20220450. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that the opinion of that court fails to acknowledge that it had considered the issue personally asserted by Appellant and its disposition, as required by United States v. Grostefon, 12 M.J. 431, 436 (C.M.A. 1982). Under these circumstances, the record must be returned to the court below so that it may comply with Grostefon. See United States v. Walker, 36 M.J. 62 (C.M.A. 1992). Accordingly, it is ordered that said petition is granted on the following issue:

WHETHER THE ARMY COURT ERRED BY FAILING TO CONSIDER APPELLANT'S ONE MATTER SUBMITTED PURSUANT TO UNITED STATES v. GROSTEFON, 12 M.J. 431 (C.M.A. 1982).

The decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to The Judge Advocate General of the Army for remand to that court for further review under Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (2018).

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