UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, March 5, 2026
Petitions for Grant of Review Denied
No.
26-0076/AR. U.S. v. Joshua R. Jarvis. CCA 20230194.
No.
26-0081/AR. U.S. v. Anthony I. Fowler. CCA 20240120.
No.
26-0094/AR. U.S. v. Miguel D. Garza, Jr. CCA 20240386.
No.
26-0120/AR. U.S. v. Cole R. Henninger. CCA 20250124.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, March 4,
2026
Petition for Grant of Review Filed
No.
26-0143/AR. U.S. v. Joey A. Duckett. CCA 20240628.
Order Granting Petition for Review
No.
26-0116/AF. U.S. v. Kenneth P. Armour II. CCA
2025-10.
On consideration of the petition for grant of review of the decision of the
United States Air Force Court of Criminal Appeals on appeal by the United
States under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, it
is ordered that said petition is hereby granted on the following issue:
WHETHER
THIS COURT SHOULD AFFIRM THE MILITARY JUDGE'S SUPPRESSION RULING BECAUSE
INFORMATION GAINED FROM MULTIPLE UNLAWFUL SEARCHES AFFECTED LAW ENFORCEMENT
AGENTS' DECISION TO SEEK A SEARCH AUTHORIZATION AND THE SEARCH AUTHORITY'S
DECISION TO GRANT IT.
Pursuant
to C.A.A.F. R. 19(a)(6)(A), no further pleadings will be filed.
Interlocutory Orders
No.
26-0039/NA. U.S. v. Anthony D. Grafton. CCA 202400055. Appellant's motion to
extend time to file a brief is granted, but only up and including to April 1,
2026. No further extensions of time will be granted in this case.
No.
26-0066/AR. U.S. v. Zachariah S. Patterson. CCA 20220033. On consideration of
Appellant's motion to supplement the record with matters pursuant to United States v. Grostefon, 12 M.J. 431
(C.M.A. 1982), it is ordered that the motion is granted.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, March 2, 2026
Petitions for Grant of Review Filed
No.
26-0141/AF. U.S. v. Dietrich A. Smith. CCA 40437.
No.
26-0142/AR. U.S. v. Daniel C. Millikan. CCA 20250235.
Appeals - Summary Dispositions
No.
25-0141/AR. United States, Appellant v. Xzavior D. Jones, Appellee. CCA
20230382. On consideration of the certified issues and United States v.
Malone, __ M.J. __ (C.A.A.F. 2026), in the above-entitled case, we hold
that the United States Army Court of Criminal Appeals erred when it determined
that the multiplicity issue was not affirmatively waived and thus erred when it
merged Specifications 1 and 2 of The Charge into a consolidated specification.
Accordingly, it is ordered that the first certified issue is answered in the
affirmative, that the second certified issue is moot, and 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 a new review under Article 66, 10 U.S.C. § 866 (2018), consistent with this
order.
No.
25-0142/AR. United States, Appellant/Cross-Appellee. v. Jesus D. Calvillomagana, Appellee/Cross-Appellant. CCA 20230161. On
consideration of the certified issues and United States v. Malone__ M.J.
__ (C.A.A.F. 2025), United States v. Malone, __ M.J. __ (C.A.A.F. 2026),
and the cross-petition for review, we hold that the United States Army Court of
Criminal Appeals erred when it determined that the multiplicity issue was not
affirmatively waived and thus erred when it merged Specifications 1 and 2 of
The Charge into a consolidated specification. Further, we hold that none of the
assigned issues warrant further review. Accordingly, it is ordered that the
cross-petition is denied, that the first certified question is answered in the
affirmative, that the second certified issue is moot, and 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 a new review under Article 66, 10 U.S.C. § 866 (2018), consistent with this
order.
Interlocutory Orders
No.
25-0143/AR. United States, Appellant/Cross-Appellee. v. Patrick A. Ford,
Appellee/Cross-Appellant. CCA 20230263. On consideration of Appellant's
certificate for review of the decision of the United States Army Court of
Criminal Appeals, the order granting the motion to suspend briefing (85 M.J.
456 (C.A.A.F. 2025)), and this Court's decision in United States v. Malone,
__ M.J. __ (C.A.A.F. 2026), it is ordered that the order suspending briefing is
vacated. That counsel for the parties shall file briefs addressing the
certified issues. The briefs of the parties shall be filed concurrently within
21 days of the date of this order.
No.
26-0139/NA. U.S. v. Levani J. Eneliko. CCA 202400058.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to March 23, 2026.
No.
26-0140/NA. U.S. v. Anthony M. Clark. CCA 202400217. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to March 23, 2026.
No.
26-0141/AF. U.S. v. Dietrich A. Smith. CCA 40437. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 23, 2026.
Mandate Issued
No.
25-0192/MC. U.S. v. Braxston C. Spencer. CCA 202400328.
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