UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, May 29, 2026
Petitions for Grant of Review Filed
No.
26-0206/MC. U.S. v. Nicholas J. Romero. CCA 202500309.
No.
26-0207/CG. U.S. v. Phillip W. Woods. CCA 1504.
No.
26-0208/CG. U.S. v. Julianne I. Mendoza. CCA 1506.
Rules Changes
Upon
careful consideration of certain proposed changes to the Rules of Practice and
Procedure, United States Court of Appeals for the Armed Forces, which were
presented to and reviewed by the Rules Advisory Committee of the United States
Court of Appeals for the Armed Forces, and thereafter published in the Federal
Register for comment, it is ordered that effective May 29, 2026, Rules 8 and 24
are promulgated as provided in the Attachment to this order (deletions appear
with strikethrough and changes appear in bold typeface).
Rule 8 – Parties
***
(e)
When a mandatory review case is filed, the accused is the appellant. The other
party is the appellee.
(f)
If a petition for grant of review or a certificate for review is filed after an
action has been docketed in the same case, the party on whose behalf relief is
sought in the second action is the appellant or cross-appellant, depending on
whether such party is the appellant or appellee in the first action. The other
party in the second action is the appellee or cross-appellee as determined in a
similar manner.
(g)(f)
All parties filing a petition for extraordinary relief with the Court are
petitioners. All parties to the proceeding below other than petitioners are
respondents.
Rule 24 – Form, Content, and Type-Volume
Limitations
(e) Joint
Appendix. In addition to electronically filing a joint appendix, the appellant
or petitioner is responsible for filing eight paper copies of a joint appendix,
which is a separate document filed contemporaneously with the brief.
***
(4) Agreement and Designation. The parties are encouraged
to agree on the contents of the joint appendix. In the absence of agreement,
the appellant or petitioner must serve on the appellee or respondent a
designation of the issues to be raised on appeal and of the parts of the record
to be included in the joint appendix. Service must be made within fourteen seven
days of the order granting the petition, the Judge Advocate General filing a
certificate for review, the notice of the docketing of a mandatory review case,
or the filing of a petition for new trial, petition for extraordinary relief or
a writ-appeal petition. The appellee or respondent may, within fourteen seven
days after receiving the designation, serve on the appellant or petitioner a
designation of the additional parts of the record to draw to the attention of
the Court. The appellant or petitioner must include the parts designated by the
appellee or respondent in the joint appendix. The parties must avoid
designating unnecessary parts of the record because the entire record is
available to the Court. In the event a cross-appeal is filed, the Clerk will
establish deadlines for designations.
***
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, May 28, 2026
Petition for Grant of Review Filed
No.
26-0205/AR. U.S. v. Trent M. Morlock. CCA 20230265.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 26, 2026
Petitions for Grant of Review Filed
No.
26-0202/AR. U.S. v. Joseph C. Hallinan. CCA 20220511.
No.
26-0203/AF. U.S. v. Darius M. Jackson. CCA S32780.
No.
26-0204/AF. U.S. v. Cody L. Kindred. CCA 40607.
Petition for Reconsideration Filed
No.
25-0181/AR. U.S. v. Donte M. Brown. CCA 20230168.
Petition for Grant of Review Denied
No.
26-0181/AR. U.S. v. Francis E. Larsen. CCA 20240225.
Interlocutory Orders
No.
26-0138/NA. U.S. v. Levani J. Eneliko. CCA 202400058.
Appellee's second motion to extend time to file a brief is granted to June 5,
2026.
No.
26-0189/AR. U.S. v. Lance E. Colbert. CCA 20200259. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to June 16, 2026.
No.
26-0191/MC. U.S. v. Eric E. Tennyson. CCA 202400272. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to June 5, 2026.
No.
26-0203/AF. U.S. v. Darius M. Jackson. CCA S32780. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 16, 2026.
No.
26-0204/AF. U.S. v. Cody L. Kindred. CCA 40607. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
June 16, 2026.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, May 21, 2026
Petition for Grant of Review Filed
No.
26-0201/AR. U.S. v. Trent V. Goines. CCA 20240592.
Mandates Issued
No.
25-0044/AF. U.S. v. Jamal X. Washington. CCA 39761.
No.
25-0177/AF. U.S. v. John D. Kershaw. CCA 40455.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, May 20, 2026
Petitions for Grant of Review Denied
No.
26-0171/AR. U.S. v. Timothy J. Lukacz. CCA 20240143.
No.
26-0182/AR. U.S. v. Janvier Sogandji. CCA 20240627.
Hearings
No.
26-0039/NA. U.S. v. Anthony D. Grafton. CCA 202400055.
No.
26-0096/AF. U.S. v. Nathaniel A. Casillas. CCA 40551.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 19, 2026
Petition for Grant of Review Filed
No.
26-0200/AR. U.S. v. Chazten M. Wells. CCA 20250093.
Petition for Grant of Review - Summary
Disposition
No.
26-0127/AF. U.S. v. Tavaris Banks. CCA 24057. On consideration of the petition for
grant of review of the decision of the United States Air Force Court of
Criminal Appeals, we note that the Court of Criminal Appeals found it
appropriate to partially disapprove Appellant's term of confinement and reduction
in rank for excessive post-trial delay. The convening authority approved a
reduction to the grade of E-5, with reduction below E-6 suspended until 16
September 2023, at which time, unless the suspension had been vacated, the
suspended part of the sentence would be remitted. With the reduction below E-6
remitted, the approval of the reduction to E-6 by the Court of Criminal Appeals
in the decretal paragraph of its decision appears not to have provided the
partial relief of the reduction in rank it noted earlier in its opinion.
Accordingly,
it is ordered that said petition is granted on the following issue:
The
Air Force Court of Criminal Appeals determined that partially disapproving Appellant's reduction in rank is appropriate
relief for unreasonable post-trial delay. Did the Air Force Court of Criminal
Appeals err when it failed to disapprove any of the reduction
in rank not previously remitted?
The
decision of the United States Air Force Court of Criminal Appeals is affirmed
as to findings and set aside as to sentence. The record is returned to the
Judge Advocate General of the Air Force for remand to the Court of Criminal
Appeals for a new review of the sentence, consistent with this order, under
Article 66(d)(1), Uniform Code of Military Justice, 10 U.S.C. § 866(d)(1)
(2018).
Hearings
No.
26-0002/AR. U.S. v. Zackery J. Askins. CCA 20230303.
No.
26-0156/MC. U.S. v. Thomas E. Kruse. CCA 202500370.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, May 18, 2026
Interlocutory Orders
No.
26-0173/AR. U.S. v. Stephen C. Chillura. CCA
20230579. Appellant's third motion to extend time to file the supplement to the
petition for grant of review is granted, up to and including May 28, 2026. No
further extensions of time will be granted in this case.
No.
26-0187/NA. U.S. v. Jesus S. Santiago. CCA 202400399. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to June 3, 2026.
No.
26-0199/CG. U.S. v. Lancaster E. Clark IV. CCA 1507. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to June 8, 2026.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, May 15, 2026
Petitions for Grant of Review Filed
No.
26-0197/AR. U.S. v. Elpidio Rodriguez. CCA 20240186.
No.
26-0198/AR. U.S. v. Wilfredo Vailmendez. CCA 20250332.
No.
26-0199/CG. U.S. v. Lancaster E. Clark IV. CCA 1507.
Petitions for Grant of Review Denied
No.
26-0126/MC. U.S. v. Daniel H. Arnold. CCA 202400368.
No.
26-0186/AR. U.S. v. Nathaniel I. Gilkey. CCA 20210440.
No.
26-0188/AR. U.S. v. Alex H. Bean. CCA 20240529.
Petition for Grant of Review - Summary
Disposition
No.
26-0155/MC. U.S. v. Jonathan A. Rojas. CCA 202400184. 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, and, the decision of the United States Navy-Marine Corps Court of
Criminal Appeals is affirmed.*
*
It is directed that the entry of judgment as modified on appeal dated January
20, 2026, be corrected to accurately reflect that the terms of confinement will
run concurrently.
Interlocutory Orders
No.
26-0093/MC. U.S. v. Nathan M. Rivera. CCA 202400304. Appellee's motion to
extend time to file a brief is granted to June 22, 2026.
No.
26-0196/NA. U.S. v. George B. Selleneit. CCA 202400185. Appellant's motion to
extend time to file a supplement to the petition for grant of review is hereby
granted to June 5, 2026.
No.
26-0197/AR. U.S. v. Elpidio Rodriguez. CCA 20240186. Appellant's motion to
extend time to file a supplement to the petition for grant of review is hereby
granted to June 5, 2026.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, May 14, 2026
Petition for Grant of Review Filed
No.
26-0196/NA. U.S. v. George B. Selleneit. CCA
202400185.
Petition for Reconsideration Filed
No.
26-0104/CG. U.S. v. James D. Fink. CCA 1502.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 12, 2026
Petitions for Grant of Review Denied
No.
26-0066/AR. U.S. v. Zachariah S. Patterson. CCA 20220033.
No.
26-0165/AF. U.S. v. William J. Fundis. CCA 40689.
No.
26-0184/AR. U.S. v. Dymond I. Davis. CCA 20250338.
No.
26-0185/AR. U.S. v. Malcolm A. Phillip. CCA 20250346.
Petitions for Grant of Review - Summary
Dispositions
No.
26-0141/AF. U.S. v. Dietrich A. Smith. CCA 40437. On consideration of
the petition for grant of review of the decision of the United States Air Force
Court of Criminal Appeals, we note that the lower court's opinion states: "
'[W]hen a plea of guilty is attacked for the first time on appeal, the facts will
be viewed in the light most favorable to the [G]overnment.'
United States v. Arnold, 40 M.J. 744, 745 (A.F.C.M.R. 1994) (citation
omitted)." However, this Court's opinion in United States v. Inabinette,
66 M.J. 320, 322 (C.A.A.F. 2008), articulates the proper standard for reviewing
a military judge's decision to accept an accused's guilty plea: "[W]e apply the
substantial basis test, looking at whether there is something in the record of
trial, with regard to the factual basis or the law, that would raise a
substantial question regarding the appellant's guilty plea." We note that the
lower court both correctly articulated and applied the Inabinette
standard. Therefore, even assuming arguendo that the lower court erred by
obliquely referencing the Arnold language quoted above, we find no
prejudice. Accordingly, it is ordered that said petition is granted on the
following issue:
Whether
the Air Force Court of Criminal Appeals abused its discretion by analyzing the
providence of Appellant's plea using an erroneous "light most favorable to the
Government" standard of law.
The
decision of the United States Air Force Court of Criminal Appeals is affirmed.
No.
26-0154/NA. U.S. v. Ruben Cruz. CCA 202400211. 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 issues:
I.
Whether Appellant's plea was improvident
based on a misunderstanding of the convening authority's options when acting
upon Appellant's request to transfer to the Fleet Reserve.
II.
Whether Appellant's trial defense counsel rendered ineffective assistance in
advising Appellant on the request to transfer to the Fleet Reserve in
connection with Appellant's plea agreement.
The
decision of the United States Navy-Marine Corps Court of Criminal Appeals is
set aside.
The
record of trial is returned to the Judge Advocate General of the Navy for remand to that court to obtain an affidavit from trial
defense counsel that responds to Appellant's allegations that his plea was improvident and that his trial defense counsel rendered
ineffective assistance. A hearing is authorized under Article 66(f)(3), Uniform
Code of Military Justice (UCMJ), 10 U.S.C. § 866(f)(3) (2018), if the court
determines it is necessary to further develop the record. The Court of Criminal
Appeals shall then review the granted issues in light of
the affidavit and any other relevant matters. Thereafter, Article 67, UCMJ, 10
U.S.C. § 867 (2018), shall apply.
Interlocutory Orders
No.
26-0109/AR. U.S. v. Sherwood E. Reed. CCA 20240321. Appellant's second motion
to extend time to file a brief is granted to May 28, 2026.
No.
26-0168/AR. U.S. v. Ricky A. Smith. CCA 20230482. Appellant's third motion to
extend time to file the supplement to the petition for grant of review is
granted, up to and including to May 22, 2026. No further extensions of time
will be granted in this case.
No.
26-0179/NA. U.S. v. Brian J. Sumpter. CCA 202400329. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to May 27, 2026.
No.
26-0193/AR. U.S. v. David M. Ingram. CCA 20230608. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to June 2, 2026.
No.
26-0194/AF. U.S. v. Noah D. Bogert. CCA 40855. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to June 2, 2026.
Petition for Reconsideration Granted
No.
26-0175/AR. U.S. v. Frank J. Barbosa. CCA 20240538. On consideration of
Appellant's petition for reconsideration of this Court's order issued on April
29, 2026, it is ordered that the petition for reconsideration is granted.
Appellant's timely filed petition for grant of review is accepted, with an
effective date of April 14, 2026. Appellant's motion to extend time to file the
supplement to the petition for grant of review is granted to
June 2, 2026.
Petition for Reconsideration Denied
No.
25-0044/AF. U.S. v. Jamal X. Washington. CCA 39761. Appellant's petition for
reconsideration of this Court's decision, __ M.J. __ (C.A.A.F. 2026), is
denied.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, May 11, 2026
Petitions for Grant of Review Filed
No.
26-0193/AR. U.S. v. David M. Ingram. CCA 20230608.
No.
26-0194/AF. U.S. v. Noah D. Bogert. CCA 40855.
Petition for Grant of Review Denied
No.
26-0162/AF. U.S. v. Kenneth M. Griffin. CCA 40642.
Miscellaneous Docket - Filing
No.
26-0195/AF. U.S. v. Chantay P. White. CCA 2026-04. Notice is given that 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 May 8, 2026, and placed on the docket this date.
Interlocutory Order
No.
26-0138/NA. United States, Appellant. v. Levani J. Eneliko,
Appellee. CCA 202400058. Appellee's motion to extend time to file a brief is
granted to May 26, 2026.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, May 7, 2026
Petition for Grant of Review Filed
No.
26-0192/AR. U.S. v. Gabriel Y. Berdzina. CCA
20250056.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, May 6, 2026
Petition for Grant of Review Denied
No.
26-0130/AR. U.S. v. Justin R. Robinson. CCA 20230640.
Interlocutory Orders
No.
26-0156/MC. U.S. v. Thomas E. Kruse. CCA 202500370. On consideration of the
motion filed by Air Force Appellate Defense Division for leave to suspend Rule
26(d), it is ordered that the motion is granted.
No.
26-0174/MC. U.S. v. Dominique D. Wilson. CCA 202400373. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to May 20, 2026.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, May 5, 2026
Interlocutory Orders
No.
26-0173/AR. U.S. v. Stephen C. Chillura. CCA
20230579. Appellant's second motion to extend time to file the supplement to
the petition for grant of review is granted to May 18, 2026.
No.
26-0189/AR. U.S. v. Lance E. Colbert. CCA 20200259. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to May 26, 2026.
No.
26-0190/AF. U.S. v. Kyshown D. Campbell. CCA 40652.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to May 26, 2026.
No.
26-0191/MC. U.S. v. Eric E. Tennyson. CCA 202400272. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to May 26, 2026.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, May 4, 2026
Petitions for Grant of Review Filed
No.
26-0190/AF. U.S. v. Kyshown D. Campbell. CCA 40652.
No.
26-0191/MC. U.S. v. Eric E. Tennyson. CCA 202400272.
Petitions for Grant of Review Denied
No.
26-0157/MC. U.S. v. Makhi Brockenborough. CCA
202400476.
No.
26-0160/AF. U.S. v. Dioderson Augustin. CCA 40655.
No.
26-0180/NA. U.S. v. Cherelle J. Benton. CCA 202400302.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, May 1, 2026
Petition for Grant of Review Filed
No.
26-0189/AR. U.S. v. Lance E. Colbert. CCA 20200259.
Petitions for Grant of Review Denied
No.
26-0164/AR. U.S. v. Marcus J. Grant. CCA 20240301.
No.
26-0177/AR. U.S. v. Levi R. Smith. CCA 20250353.
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