UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-225
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0374/AF.
WHETHER
THE MILITARY JUDGE ERRED WHEN HE ADMITTED EVIDENCE THAT APPELLANT
ENGAGED IN
SEXUAL ACTS WITH ANOTHER FEMALE UNDER THE AGE OF 16 WHERE (A) THE
ALLEGED ACTS
OCCURRED SUBSEQUENT TO THE CHARGED ACTS, AND (B) THE EVIDENCE ADMITTED
WAS OF
SUCH AN UNFAIRLY PREJUDICIAL NATURE AS TO CONTRIBUTE TO THE MEMBERS
ARRIVING AT
A VERDICT ON AN IMPROPER BASIS.
Briefs will be filed under Rule 25.
No. 05-0521/MC.
I.
WHETHER THE ORDER
DIRECTING APPELLANT TO RECEIVE ANTHRAX VACCINE ABSORBED ON
II. WHETHER
APPELLANT'S DUE PROCESS RIGHT TO TIMELY REVIEW OF HIS APPEAL HAS BEEN
DENIED.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0289/AF.
No.
05-0418/AF.
No.
05-0439/AR.
No.
05-0540/AF.
No.
05-0547/AF.
No.
05-0560/AR.
No.
05-0603/AR.
No.
05-0638/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0718/AR.
No.
05-0719/NA.
No.
05-0720/AR.
INTERLOCUTORY ORDERS
No.
05-0521/MC.
MANDATES ISSUED
No.
04-0524/AR.
No.
04-0677/AR.
No.
05-6002/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-224
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0300/NA.
WHETHER,
IN LIGHT OF CRAWFORD v. WASHINGTON, 541 U.S. 36 (2004),
APPELLANT WAS
DENIED HIS SIXTH AMENDMENT RIGHT TO CONFRONT THE WITNESSES AGAINST HIM
WHERE
THE GOVERNMENT'S CASE CONSISTED SOLELY OF APPELLANT'S POSITIVE
URINALYSIS.
Briefs will be filed under Rule 25.
No. 05-0462/AF.
I.
WHETHER
APPELLANT'S GUILTY PLEA TO BEING ABSENT FROM HIS PLACE OF DUTY AT WHICH
HE WAS
REQUIRED TO BE AND TO HIS ABSENCE BEING TERMINATED BY APPREHENSION WAS
PROVIDENT.
II.
WHETHER THE AIR
FORCE COURT OF CRIMINAL APPEALS IMPROPERLY INCREASED APPELLANT'S
SENTENCE BY
APPROVING A TWO-THIRDS FORFEITURE OF PAY AT THE E-4 RATE RATHER THAN AT
THE E-1
RATE.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0269/NA.
No.
05-0282/AF.
No.
05-0324/AF.
No.
05-0364/AR.
No.
05-0419/AF.
No.
05-0497/AF.
No.
05-0498/AF.
No.
05-0527/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0717/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-223
CERTIFICATES FOR REVIEW FILED
No. 05-5003/AF.
WHETHER THE
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0351/AF.
No.
05-0373/AF.
No.
05-0387/AF.
No.
05-0406/NA.
No.
05-0411/AR.
No.
05-0428/AF.
No.
05-0461/AF.
No.
05-0518/AF.
No.
05-0525/AR.
No.
05-0583/NA.
No.
05-0587/AR.
No.
05-0608/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0711/AR.
No.
05-0712/AF.
also
INTERLOCUTORY ORDERS this date.]
No.
05-0713/AF.
No.
05-0714/AF.
No.
05-0715/AF.
No.
05-0716/NA.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 05-8037/AF.
INTERLOCUTORY ORDERS
No.
03-0620/AR.
No.
05-0382/NA.
No.
05-0565/AR.
No.
05-0679/AF.
No.
05-0712/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-222
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0310/AF.
No.
05-0700/AR.
No.
05-0701/AF.
No.
05-0702/AF.
No.
05-0703/AF.
No.
05-0704/AF.
No.
05-0705/AF.
No.
05-0706/AF.
No.
05-0707/MC.
No.
05-0708/MC.
No.
05-0709/NA.
No.
05-0710/NA.
_______________
*/
Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-221
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0127/MC.
I.
WHETHER THE LOWER
COURT ERRED BY HOLDING THAT IT WAS HARMLESS ERROR FOR THE MILITARY
JUDGE TO
HAVE RULED THAT IF APPELLANT WERE TO PUT INTO EVIDENCE HIS CHARACTER OF
PEACEFULNESS THEN THE GOVERNMENT WOULD HAVE THE RIGHT TO PUT INTO
EVIDENCE THE
PORNOGRAPHIC PICTURES FOR IMPEACHMENT PURPOSES.
And
the following issues specified by the Court:
II.
WHETHER THE UNITED STATES NAVY-MARINE CORPS COURT OF
CRIMINAL
APPEALS ERRED IN DETERMINING THAT APPELLANT WAS NOT DENIED HIS DUE
PROCESS
RIGHT TO SPEEDY POST-TRIAL AND APPELLATE REVIEW OF HIS COURT-MARTIAL
CONVICTION
IN LIGHT OF THE 644-DAY PERIOD FROM TRIAL TO CONVENING AUTHORITY’S
ACTION, THE
146-DAY PERIOD FROM THAT ACTION TO DOCKETING THE RECORD AT THE COURT OF
CRIMINAL APPEALS, AND THE 1440-DAY PERIOD DURING WHICH THE CASE WAS
PENDING AT
THE COURT OF CRIMINAL APPEALS.
III. WHETHER THE
DELAY IN THE POST-TRIAL AND APPELLATE
REVIEW OF APPELLANT'S COURT-MARTIAL CONVICTION IS SO EXCESSIVE AS TO
GIVE RISE
TO A PRESUMPTION OF PREJUDICE, AND IF SO, WHAT IS THE EFFECT OF THAT
PREJUDICE? See UNITED STATES
v. JONES, 61 M.J. 80 (C.A.A.F. 2005).
IV.
WHETHER THE UNITED STATES NAVY-MARINE CORPS COURT OF
CRIMINAL
APPEALS ABUSED ITS DISCRETION BY DENYING RELIEF UNDER ARTICLE 66(c),
UNIFORM
CODE OF MILITARY JUSTICE, 10 U.S.C. § 866(c) (2000), BY HOLDING THAT
SUCH
SENTENCE APPROPRIATENESS RELIEF "SHOULD ONLY BE GRANTED UNDER THE MOST
EXTRAORDINARY OF CIRCUMSTANCES," AND BY CONCLUDING "THERE IS NOTHING
SO EXTRAORDINARY ABOUT THIS CASE THAT MERITS THE EXERCISE OF OUR
ARTICLE 66(c)
POWERS."
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0532/AR.
No.
05-0586/AR.
No.
05-0588/AR.
No.
05-0596/AR.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
05-0585/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0699/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 05-8036/NA.
Darian C. JORDAN, Petitioner, v. The
INTERLOCUTORY ORDERS
No.
05-0127/MC.
No.
05-0269/NA.
No.
05-0567/MC.
No.
05-0621/AR.
No.
05-0627/MC.
No.
05-0628/MC.
No.
05-0629/AR.
No.
05-0630/AR.
No.
05-0631/AR.
No.
05-0635/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-220
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0262/AR.
WHETHER THE ARMY
COURT OF CRIMINAL APPEALS ERRED IN
REASSESSING APPELLANT'S SENTENCE TO TWO YEARS CONFINEMENT AND A
BAD-CONDUCT
DISCHARGE FOR A SINGLE SPECIFICATION OF A FALSE OFFICIAL STATEMENT TO
AN
INVESTIGATOR.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0693/NA.
No.
05-0694/NA.
No.
05-0695/AR.
No.
05-0696/NA.
No.
05-0697/MC.
No.
05-0698/MC.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 05-8038/NA.
Daniel W. BARTOLO, Petitioner, v. Robin G. RUNNE, Commanding
Officer
Transient Personnel Unit, Puget Sound, Aundrea TAPLIN, Appointed
Article 32
Officer, Submarine Group 9, Hanger Naval Base, Silverdale, Washington,
and the
United States, Respondents. On
consideration of the request for a stay of Article 32 proceedings and
the
petition for extraordinary relief in the nature of a writ of
prohibition, it is
ordered that the request for a stay of proceedings is hereby denied;
and that
said petition for extraordinary relief is denied without prejudice to
Petitioner’s right to raise the same issues before the military judge
or in the
ordinary course of appellate review if Petitioner is convicted.
MANDATES ISSUED
No.
03-0647/AR & 04-5001/AR.
No.
04-0429/AF.
No.
04-0721/AF.
No.
05-0044/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-219
PETITIONS FOR GRANT OF REVIEW FILED
No.
03-0369/AR.
No.
05-0690/AR.
No.
05-0691/AR.
No.
05-0692/MC.
____________
*/
Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-218
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0688/MC.
No.
05-0689/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 05-8038/NA.
Daniel W. BARTOLO, Petitioner, v. Robin G. RUNNE, Commanding
Officer
Transient Personnel Unit Puget Sound, Aundrea TAPLIN, Appointed Article
32
Officer, Submarine Group 9, Hanger Naval Base, Silverdale, Washington,
and the United
States, Respondents. Petition for
extraordinary relief in the nature of a writ of prohibition and request
for a
stay of Article 32 proceedings were filed under Rule 27(a).
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-217
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0685/NA.
No.
05-0686/MC.
No.
05-0687/MC.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 05-8037/AF.
INTERLOCUTORY ORDERS
No.
03-0072/AF.