UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 29, 2024
Certificate for Review Filed
No.
24-0125/NA. U.S. v. Jeremy W. Harborth. CCA 202200157. Notice is hereby given
that a certificate for review of the decision of the United States Navy-Marine
Corps Court of Criminal Appeals was filed under Rule 22 on the following
issues:
I.
DID THE MILITARY JUDGE ERR BY (1) FINDING THE
WARRANTLESS SEIZURE OF APPELLEE'S ELECTRONIC DEVICES WAS JUSTIFIED BY PROBABLE
CAUSE, AND (2) NOT RULING ON LAW ENFORCEMENT'S RELIANCE ON ACTUAL AND APPARENT
AUTHORITY?
II.
DID
THE LOWER COURT ERR IN RULING THAT LAW ENFORCEMENT COULD NOT RELY ON ACTUAL OR
APPARENT AUTHORITY AND BY HOLDING THE DELAY IN SECURING A SEARCH AUTHORIZATION
WAS UNREASONABLE, THEREBY SETTING ASIDE APPELLEE'S CONVICTIONS?
III.
DID
THE LOWER COURT ERR IN FAILING TO FIND THAT APPELLEE WAIVED OBJECTION TO THE
DURATION OF THE SEIZURE, WHEN APPELLEE NEVER OBJECTED AT TRIAL TO THE DURATION
OF THE SEIZURE, AND MIL. R. EVID. 311 STATES THAT OBJECTIONS NOT MADE AT TRIAL
ARE WAIVED?
IV.
DID
THE LOWER COURT ERR IN FAILING TO FIRST DETERMINE WHETHER MS. HOTEL WAS A
GOVERNMENT ACTOR, AND IF SO, DID MS. HOTEL'S ACTIONS CONSTITUTE GOVERNMENT
ACTION, THUS IMPLICATING FOURTH AMENDMENT PROTECTION, WHEN SHE SEIZED
APPELLEE'S OTHER DEVICES AND PROVIDED THEM TO HPD AND NCIS?
V.
HAVING
FOUND A REASONABLE PROBABILIY THAT A MOTION TO SUPPRESS THE RESULTS OF THE
SEIZURE AND SEARCH OF APPELLEE'S IPHONE XS WOULD HAVE BEEN MERITORIOUS, DID THE
NMCCA ERR IN NOT FINDING PREJUDICE FROM THE DEFENSE COUNSEL NOT MOVING TO
SUPPRESS THIS EVIDENCE?
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
the 29th day of April, 2024.
Orders Granting Petition for Review
No.
24-0004/SF. U.S. v. Devin W. Johnson. CCA 40257. 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
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.
No.
24-0111/AF. U.S. v. Matthew R. Denney. CCA 40360. 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
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.
WHETHER
18 U.S.C. § 922 CAN CONSTITUTIONALLY APPLY TO APPELLANT, WHO STANDS CONVICTED
OF A NONVIOLENT OFFENSE, WHERE THE GOVERNMENT CANNOT DEMONSTRATE THAT BARRING
HIS POSSESSION OF FIREARMS IS "CONSISTENT WITH THE NATION'S HISTORICAL
TRADITION OF FIREARM REGULATION" UNDER NEW YORK STATE RIFLE & PISTOL
ASSOCIATION, INC. v. BRUEN, 142 S. Ct. 2111, 2130 (2022).
No
briefs will be filed under Rule 25.
Interlocutory Orders
No.
24-0091/AR. U.S. v. Jonathan Marin. CCA 20210375. On consideration of
Appellant's motion to file matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A 1982), it is ordered that the motion is hereby granted.
No.
24-0104/AF. U.S. v. Bryce T. Roan. CCA 22033. 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 April 10, 2024.
No.
24-0124/NA. U.S. v. Jeremy W. Harborth. CCA 202200157. 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 April 18, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 28,
2024
Petition for Grant of Review Filed
No.
24-0124/NA. U.S. v. Jeremy W. Harborth. CCA 202200157.
Petitions for Grant of Review Denied
No.
24-0055/MC. U.S. v. Stephen Hernandezvalero. CCA 202200083.
No.
24-0086/AF. U.S. v. Jordan S. Edwards. CCA 40349.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 27,
2024
Interlocutory Order
No.
24-0015/AR. U.S. v. Jaheemee J. Williams. CCA 20230048. Appellee's motion to
file a supplemental joint appendix is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 26, 2024
Petitions for Grant of Review Filed
No.
24-0120/AR. U.S. v. Chas E. Philips. CCA 20220233.
No.
24-0121/NA. U.S. v. Janarrie R. Smith. CCA 202300136.
No.
24-0122/AR. U.S. v. Matthew L. Coe. CCA 20220052.
No.
24-0123/MC. U.S. v. Ethan J. Siefkes. CCA 202300244.
Petitions for Grant of Review Denied
No.
24-0073/AR. U.S. v. Maleik D. Dubose. CCA 20220224.
No.
24-0099/MC. U.S. v. Isaiah M. Perez. CCA 202300198.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 25, 2024
Petition for Grant of Review Filed
No.
24-0119/AR. U.S. v. Wyatt K. Harbaugh. CCA 20220527.
Interlocutory Orders
No.
24-0106/AF. U.S. v. DeQuayjan D. Jackson. CCA 40310. 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 granted, up to and
including April 16, 2024. No further extensions of time will be granted in this
case.
No.
24-0117/AR. U.S. v. Thomas M. Adams. CCA 20130693. Appellant's motion to extend
time to file the supplement to the petition for grant
of review is granted to April 15, 2024.
No.
24-0119/AR. U.S. v. Wyatt K. Harbaugh. CCA 20220527. Appellant's motion to
extend time to file the supplement to the petition for
grant of review is granted up to and including April 15, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 21,
2024
Petition for Grant of Review Filed
No.
24-0118/AF. U.S. v. Chad L. Reedy. CCA 40358.
Mandates Issued
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781.
No.
23-0066/AF. U.S. v. Alexander L. Driskill. CCA 39889.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 20,
2024
Petition for Grant of Review Filed
No.
24-0117/AR. U.S. v. Thomas M. Adams. CCA 20130693.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 19, 2024
Petition for Grant of Review Filed
No.
24-0116/AR. U.S. v. Matthew Z. Conner. CCA 202200620.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 18, 2024
Petitions for Grant of Review Filed
No.
24-0114/AR. U.S. v. Justin C. Denham. CCA 20230278.
No.
24-0115/AR. U.S. v. Miguel A. Riveralopez. CCA 20230259.
Petitions for Grant of Review Denied
No.
24-0062/AR. U.S. v. Michael W. Jones. CCA 20220003.
No.
24-0094/AR. U.S. v. Santiago Gutierrez, Jr. CCA 20230004.
Interlocutory Orders
No.
24-0105/AR. U.S. v. Matthew H. Dine. CCA 20220269. Appellant's motion to extend
time to file the supplement to the petition for grant
of review is granted to April 11, 2024.
No.
24-0112/NA. U.S. v. Christopher R. Johnson. CCA 202200125. Appellant's motion
to extend time to file the supplement to the petition
for grant of review is granted to April 8, 2024.
Mandate Issued
No.
23-0080/AR. U.S. v. Anthony R. Ramirez. CCA 20210376.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 15, 2024
Petitions for Grant of Review Filed
No.
24-0112/NA. U.S. v. Christopher R. Johnson. CCA 202200125.
No.
24-0113/AR. U.S. v. Louis E. Charland IV. CCA 20220512.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 14,
2024
Petition for Grant of Review Filed
No.
24-0111/AF. U.S. v. Matthew R. Denney. CCA 40360.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 13,
2024
Petition for Grant of Review Filed
No.
24-0110/AR. U.S. v. Jeron M. Jarrett. CCA 20220523.
Petitions for Grant of Review Denied
No.
24-0029/AR. U.S. v. Randall J. Clapham. CCA 20210243.
No.
24-0053/AF. U.S. v. Julian L.L. Cornwell. CCA 40335.
No.
24-0080/AF. U.S. v. John F. Stafford III. CCA 40131.
Interlocutory Order
No.
24-0107/AR. U.S. v. Adam S. Page. CCA 20220644. Appellant's motion to extend time to file the supplement to the petition for grant of
review is granted to April 2, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 12, 2024
Petitions for Grant of Review Filed
No.
24-0107/AR. U.S. v. Adam S. Page. CCA 20220644.
No.
24-0108/AF. U.S. v. Dakota R. Baker. CCA 40091.
No.
24-0109/AF. U.S. v. Tyrion N. Davis. CCA 40370.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 11, 2024
Petitions for Grant of Review Denied
No.
24-0025/AR. U.S. v. Luis A. MoralesSanchez. CCA 20210286.
No.
24-0044/AR. U.S. v. Matthew P. White. CCA 20220252.
No.
24-0051/AF. U.S. v. Justin D. Zimmermann. CCA 40267.
No.
24-0077/CG. U.S. v. Dylan C. James. CCA 1485.
No.
24-0084/AR. U.S. v. Daquan J. Rouson. CCA 20220319.
Interlocutory Orders
No.
24-0050/AR. Rene D. Alfaro v. Judges of the CCA. CCA 20220282. On consideration
of Appellant's motion to attach, it is ordered that the motion is hereby denied
without prejudice to Appellant's right to refiling the matter in the United
States Army Court of Criminal Appeals.
No.
24-0088/MC. U.S. v. Daniel K. Chege. CCA 202200079. On consideration of the
motion filed by Lieutenant Christopher B Dempsey, 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.
24-0106/AF. U.S. v. DeQuayjan D. Jackson. CCA 40310.
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 April 1, 2024.
Petition for Reconsideration Denied
No.
24-0043/AR. U.S. v. Billie R. Collins. CCA 20210555. On consideration of
Appellant's petition for reconsideration of this Court's order issued February
12, 2024, it is ordered that the petition is hereby denied.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, March 8, 2024
Petition for Grant of Review Filed
No.
24-0106/AF. U.S. v. DeQuayjan D. Jackson. CCA 40310.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 7, 2024
Petition for Grant of Review Filed
No.
24-0105/AR. U.S. v. Matthew H. Dine. CCA 20220269.
Interlocutory Orders
No.
24-0101/AF. U.S. v. Keen A. Fernandez. CCA 40290. Appellant's motion to extend time to file the supplement to the petition for grant of
review is hereby granted to March 27, 2024.
No.
24-0104/AF. U.S. v. Bryce T. Roan. CCA 22033. Appellant's motion to extend time to file the supplement to the petition for grant of
review is hereby granted to March 27, 2024.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 6,
2024
Petitions for Grant of Review Filed
No.
24-0103/AR. U.S. v. Isaiah R. Guidry. CCA 20230117.
No.
24-0104/AF. U.S. v. Bryce T. Roan. CCA 22033.
Hearings
No.
23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222.
No.
23-0245/AF. U.S. v. Ryan Parino-Ramcharan. CCA 40171.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, March 5, 2024
Petitions for Grant of Review Filed
No.
24-0101/AF. U.S. v. Keen A. Fernandez. CCA 40290.
No.
24-0102/MC. U.S. v. Teluride M. Jones. CCA 202300228.
Petitions for Grant of Review Denied
No.
24-0074/NA. U.S. v. Cody B. Watlington. CCA 202200076.
No.
24-0081/AR. U.S. v. Jay Alveloroman. CCA 20220621.
No.
24-0082/AR. U.S. v. Daniel R. Ortizolivo. CCA
20230042.
Interlocutory Order
No.
23-0239/NA. U.S. v. Rodney D. Harvey. CCA 202200040. Appellee's motion to
extend time to file a brief is granted, up to and including March 20,
2024.
Hearings
No.
23-0204/MC. U.S. v. Thomas H. Tapp. CCA 202100299.
No.
23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 4, 2024
Miscellaneous Docket - Summary
Disposition
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of
Appellant's petition for reconsideration, it is ordered upon consideration of
Appellant's petition for reconsideration of this Court's opinion issued on
September 6, 2023, United States v. Hasan, 84 M.J. 1 (C.A.A.F. 2023),
that the petition for reconsideration is granted in part and denied in part,
that the Court's judgment is vacated, and that no additional filings are
authorized. Further action on the case shall be held in abeyance pending a new
decision issued by the Court.
Interlocutory Orders
No.
24-0055/MC. U.S. v. Stephen Hernandezvalero. CCA
202200083. On consideration of the motion filed by Lieutenant Christopher B.
Dempsey, 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.
24-0093/MC. U.S. v. Brandon K. Flanner. CCA 202300134. Appellee's motions to
extend time to file a brief are granted, and Appellee will file a brief on or
before March 13, 2024.
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