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3/25/2021

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"Mandatory Review Case Filed
 
No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Notice is given that a case requiring mandatory review of the decision of the United States Army Court of Criminal Appeals in which the affirmed sentence extends to death was filed under Rule 23 on this date. Appellant will file a brief under Rule 23(b) on or before the 24th day of May, 2021.
 
Orders Granting Petition for Review
 
No. 21-0089/MC. U.S. v. Jonathan Quezada. CCA 201900115. 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:
 
THE MILITARY JUDGE INSTRUCTED MEMBERS THAT THEY COULD CONSIDER THE FACT THAT APPELLANT MADE THE FALSE OFFICIAL STATEMENT WITH WHICH HE WAS CHARGED AS EVIDENCE THAT HE WAS GUILTY OF ANOTHER CHARGED OFFENSE. DID THIS INSTRUCTION VIOLATE APPELLANT'S RIGHT TO A PRESUMPTION OF INNOCENCE UNDER UNITED STATES v. HILLS, 75 M.J. 350 (2016)?
 
Briefs will be filed under Rule 25.
 
No. 21-0146/AF. U.S. v. Cory J. Frantz. CCA 39657. 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 THE LOWER COURT ERRED WHEN IT RULED THAT IT COULD NOT CONSIDER EVIDENCE OUTSIDE THE RECORD TO DETERMINE SENTENCE APPROPRIATENESS UNDER ARTICLE 66(c), UCMJ.
 
No briefs will be filed under Rule 25."
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