DAILY JOURNAL
No.
06-061
Friday, December
30, 2005
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0232/AF.
U.S. v. Terrell M.
ADAMS.
CCA 36104.
No.
06-0233/AF.
U.S. v. Gregory
RICHARDSON.
CCA 35720.
No.
06-0234/AF.
U.S. v. Kristoffer R.
TALLEY.
CCA 35821.
No.
06-0235/NA.
U.S. v. Marcus U.
WHITLOCK.
CCA 200102054.
INTERLOCUTORY ORDERS
No.
03-0538/MC.
U.S. v. Nathan T.
OTTO.
CCA 200001460. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to January 30, 2006.
No.
05-0506/NA.
U.S. v. Zachary A.
JOHNSON.
CCA 200201024. Appellant's
motion to extend time to file a reply
brief granted, up to and including January 4, 2006; and absent
extraordinary circumstances, no
further extension of time will be granted in this case.
No.
06-0068/MC.
U.S. v. Morgan D.
WADE.
CCA 200300820. Appellant's
second motion to extend time to file supplement
to petition
for grant of review granted, but only
up to and including January 18, 2006; and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
06-0069/NA.
U.S. v. Cleveland L. LAWRENCE.
CCA 200500618. Appellant's
second motion to extend time to file supplement
to petition
for grant of review granted, but only
up to and including January 17, 2006; and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
DAILY
JOURNAL
No.
06-060
Thursday,
December 29, 2005
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
No.
06-8001/MC.
Julius LETT, Petitioner, v. U.S.,
Respondent. CCA
9901826.
Respondent’s motion to dismiss the
petition for extraordinary relief granted.
[See INTERLOCUTORY ORDERS this date.]
INTERLOCUTORY ORDERS
No.
06-0143/AR.
U.S. v. Jeremiah I.
KING.
CCA 20010532. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 27, 2006.
No.
06-0144/AR.
U.S. v. Clinton D. VANDENBERG.
CCA 20020991. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 27,
2006.
No.
06-8001/MC.
Julius LETT, Petitioner v. U.S.,
Respondent. CCA
9901826. [See
MISCELLANEOUS DOCKET – SUMMARY DISPOSITIONS this date.]
DAILY
JOURNAL
No.
06-059
Wednesday,
December 28, 2005
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0229/AR.
U.S. v. James C. LANE.
CCA 20031033.
No. 06-0230/NA.
U.S. v. Calvin
K. DAVIS.
CCA 200301256.
No. 06-0231/AR.
U.S. v. Josh
R. RITTENHOUSE.
CCA 20050411.
INTERLOCUTORY ORDERS
No. 06-6001/NA.
U.S. v.
Charles W. DAVIS.
CCA 9600585. On
consideration of the pleadings filed in
this appeal under Article 62, Uniform Code of Military Justice, 10
U.S.C. § 862
(2000), the Court notes that the Government’s filing of a short letter
to the
Clerk of the Court in general opposition to the petition for grant of
review
does not comply with Rule 21(c)(1) of the Court’s Rules of Practice and
Procedure. That provision requires the
appellee in an Article 62 appeal to file an answer within 10 days of
the filing
of the appellant’s supplement. The
provision allowing for the filing of a short letter with the Clerk of
the Court
within 10 days of the filing of the supplement to the petition under
Rule
21(c)(2) is for other appeals not filed under Article 62.
Therefore, it is ordered that the appellee
will file an answer within 10 days of the date of this Order to both of
the
issues raised by the appellant; and that the Appellant may file a reply
within
5 days after the filing of the appellee’s answer.
DAILY
JOURNAL
No.
06-058
Tuesday, December
27, 2005
CERTIFICATES FOR REVIEW FILED
No. 06-5004/AR. U.S. v. Joshua J.
ALEXANDER.
CCA
20031161.
The Judge Advocate General, United States
Army, requests that action be taken with respect to the following issue:
WHETHER THE
UNITED STATES
ARMY COURT OF CRIMINAL APPEALS ERRED IN ORDERING THE DELETION OF THE
WORDS AND
FIGURES “WHILE RECEIVING SPECIAL PAY UNDER 37 U.S.C. § 310” FROM
SPECIFICATIONS
1 AND 2 OF THE CHARGE WHEN THE CONVENING AUTHORITY APPROVED THE
ADJUDGED
FINDINGS AND THE ARMY COURT AFFIRMED THE FINDINGS AND SENTENCE AS
APPROVED BY
THE CONVENING AUTHORITY.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0647/AR.
U.S. v. Ray T.
LEAK.
CCA 20000356.*
No. 06-0221/AR.
U.S. v. Konah
C. PARKER.
CCA 20021252.
No. 06-0222/AR.
U.S. v. Joel
PEREZ, Jr.
CCA 20040827.
No. 06-0223/AR.
U.S. v. Chase
L. MAYO.
CCA 20041122.
No. 06-0224/AR.
U.S. v. Kevin
D. JOBE.
CCA 20041285.
No. 06-0225/AF.
U.S. v. Heath
M. MCCASKILL.
CCA S30536.
No. 06-0226/AF.
U.S. v. Derrie
K. HALE Jr.
CCA S30374.
No. 06-0227/AF.
U.S. v.
William W. MORRIS.
CCA S30588.
No. 06-0228/AF.
U.S. v. Aaron
L. BLOCK.
CCA 35746.
*Second petition
filed in
this case.
DAILY
JOURNAL
No.
06-057
Friday, December
23, 2005
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0220/AR.
U.S. v. Thomas
D. BROWN.
CCA 20050157.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
06-8003/AR.
U.S. v. Darin
A. MELANSON.
CCA 20051288. Writ-appeal
petition for review of the
decision of the United States Army Court of Criminal Appeals filed
under Rule
27(b) on December 21, 2005 is placed on the
docket on
this date.
INTERLOCUTORY ORDERS
No. 06-0125/AR.
U.S. v. Sean
B. VANDERSCHAAF.
CCA 20050316. Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to January 23, 2006.
No. 05-0159/AR.
U.S. v. Jeremy
T. WILCOX.
CCA 20000876. On
further consideration of the record in this case, the Court notes that
the
military judge indicated that a “military judge’s brief” regarding the
denial
of the defense motion to dismiss the charge and specification under
Article
134, Uniform Code of Military Justice, would be attached to the record
as
Appellate Exhibit IX, yet such a brief is not attached to the record of
trial. It is therefore ordered that within
10 days
of the date of this order, Appellee locate and file the “military
judge’s
brief” with the Court, or provide an explanation to the Court on why it
is not
attached.
DAILY
JOURNAL
No.
06-056
Thursday,
December 22, 2005
APPEALS - SUMMARY DISPOSITIONS
No. 05-0528/MC. U.S. v. Michael S.
SNOOK.
CCA 200201598.
On consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, and in light of this Court’s decision in United States v.
Martinelli, 62 M.J. 52 (C.A.A.F. 2005), review is granted on the
following
issue:
WHETHER
THE DECISION OF THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL
APPEALS SHOULD BE REVERSED IN LIGHT OF THIS COURT'S DECISION IN UNITED
STATES v. MARTINELLI, 62 M.J. 52 (C.A.A.F. 2005).
The decision of the United States Navy-Marine
Corps Court of Criminal Appeals is reversed and the findings of guilty
and the
sentence are set aside. The record of
trial is returned to the Judge Advocate General of the Navy. A rehearing may be ordered.
[See ORDERS GRANTING PETITION FOR REVIEW this
date.]
GIERKE,
Chief Judge (dissenting):
I dissent for the
reasons set forth in my opinion in United
States v. Martinelli, 62 M.J. 52, 68 (C.A.A.F. 2005) (Gierke, C.J.,
concurring in part/dissenting in part).
CRAWFORD,
Judge (dissenting):
I dissent for the
reasons set forth in my opinion in United
States v. Martinelli, 62 M.J. 52, 77 (C.A.A.F. 2005) (Crawford, J.,
dissenting).
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0528/MC. U.S. v. Michael
S. SNOOK.
CCA 200201598.
[See APPEALS – SUMMARY
DISPOSITIONS this date.]
No. 05-0594/AR. U.S. v. Jeremiah
D. HARDING.
CCA 20020454.
Review granted on the following issue:
WHETHER
APPELLANT'S DUE PROCESS RIGHT TO TIMELY REVIEW OF
HIS APPEAL HAS BEEN DENIED.
Briefs
will be filed under Rule 25.
CERTIFICATES FOR REVIEW FILED
No. 06-5003/AR. U.S. v. Sean B.
VANDERSCHAAF.
CCA 20050316.
The Judge Advocate General, United States
Army, requests that action be taken with respect to the following issue:
WHETHER
THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ERRED IN ORDERING THE
DELETION
OF THE WORDS “ON DIVERS OCCASIONS” FROM SPECIFICATIONS 1 THROUGH 6 OF
CHARGE II
AND SPECIFICATIONS 1 AND 2 OF ADDITIONAL CHARGE I WHEN THE CONVENING
AUTHORITY
APPROVED THE ADJUDGED FINDINGS AND THE ARMY COURT AFFIRMED THE FINDINGS
AND
SENTENCE AS APPROVED BY THE CONVENING AUTHORITY.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0486/AF.
U.S.
v. Charles K. MAXWELL
II. CCA
35456.
No.
06-0009/AF.
U.S. v. Joanna R.
KERBS.
CCA 35774.
No.
06-0070/AR.
U.S. v. Fred R.
SAMPSON.
CCA 20040818.
No.
06-0082/AF.
U.S. v. Noah J.
MALDONADO.
CCA 36249.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0218/MC.
U.S. v. Marc A.
MONROY.
CCA 200500956.
No.
06-0219/AR.
U.S. v. Timothy
SWITZER.
CCA 20030011.
INTERLOCUTORY ORDERS
No.
05-0592/NA.
U.S. v. Michael A.
WHITE.
CCA 200101242.
Appellant's
motion to attach document granted.
No.
06-0001/AR.
U.S. v. David L.
ECKARD.
CCA 20010870.
Appellant's
motion for leave to correct errata and submit additional matters
pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) granted.
No.
06-0113/AR.
U.S. v. Joseph A.
ALVESTEFFER.
CCA 20030805.
Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to January 23, 2006.
No.
06-0131/AR.
U.S. v. Kendrill D. BUTLER.
CCA 20031235.
Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to January 23, 2006.
DAILY
JOURNAL
No.
06-055
Wednesday,
December 21, 2005
APPEALS - SUMMARY DISPOSITIONS
No. 05-0706/AF. U.S. v. Kenneth
B. PLANTS.
CCA 35666.
On consideration of the petition for grant of
review of the decision of the Air Force Court of Criminal Appeals, said
petition is granted and the decision of the United States Air Force
Court of Criminal
Appeals is affirmed. [See also ORDERS
GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0706/AF. U.S. v. Kenneth
B. PLANTS.
CCA 35666.
[See also APPEALS - SUMMARY
DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0713/AF.
U.S. v. Jonathan B.
WILLS.
CCA 35670.
No.
06-0095/AR.
U.S. v. Humberto N.
RAMZEY.
CCA 20050058.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0216/NA.
U.S. v. James P.
GUINN.
CCA 200501205.
No.
06-0217/AF.
U.S. v. Hector
SAUSEDA.
CCA 35484.
INTERLOCUTORY ORDERS
No.
05-0500/NA.
U.S. v. Salvador DIAZ.
CCA 200200374. Appellee's
motion to extend time to file an answer
to Appellant's brief granted, up to
and including January 11, 2006; and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
06-0100/NA.
U.S. v. Michael E.
BROWN.
CCA 200201647. Appellant's
motion to extend time to file
supplement to the petition for grant of review granted to January 17, 2006.
No.
06-0119/NA.
U.S. v. James E.
RANKIN.
CCA 200101441. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 20, 2006.
No.
06-0120/MC.
U.S. v. Jason J.
BETTS.
CCA 200300629. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 20, 2006.
No.
06-0126/NA.
U.S. v. Ralph D.
MCMILLAN.
CCA 9900855. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 6, 2006.
No.
06-0127/NA.
U.S. v. David A.
GAINES.
CCA 200300828. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 23, 2006.
No.
06-0158/NA.
U.S. v. Michael M.
GLAZEBROOK.
CCA 200500701. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 30, 2006.
No.
06-6002/AF.
U.S. v. Jason J.
HOBBS.
CCA 2005-04. Appellant's
motion to submit corrected pages
granted
DAILY
JOURNAL
No.
06-054
Tuesday, December
20, 2005
SUMMARY DISPOSITIONS
No. 04-0544/AF. U.S. v. Michael
E. LYNCH.
CCA 35659.
On consideration of the petition for grant of
review, the petition is granted, and the decision of the United States
Air
Force Court of Criminal Appeals is affirmed.
[See ORDERS GRANTING PETITION FOR REVIEW]
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0544/AF. U.S. v. Michael
E. LYNCH.
CCA 35659.
[See SUMMARY DISPOSITIONS]
No. 05-0678/MC. U.S. v. Travis H.
GOSSER.
CCA 200302070.
Review granted on the following issues:
I.
WHETHER THE
NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS LACKED JURISDICTION TO
REVIEW THE
FINDINGS AND SENTENCE IN APPELLANT'S CASE PURSUANT TO ARTICLE 66(b)(1),
UNIFORM
CODE OF MILITARY JUSTICE, IN LIGHT OF THE CONVENING AUTHORITY'S
UNAMBIGUOUS
ACTION THAT DID NOT APPROVE APPELLANT'S ADJUDGED BAD-CONDUCT DISCHARGE.
II. WHETHER THE
NAVY-MARINE CORPS COURT OF
CRIMINAL APPEALS ERRED IN ACCEPTING THE NEW CONVENING AUTHORITY'S
ACTION AS A
COMPETENT CLARIFICATION OF WHETHER THE ORIGINAL CONVENING AUTHORITY HAD
INTENDED TO GRANT CLEMENCY.
III. WHETHER THE
NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS
ERRED AS A MATTER OF LAW IN DENYING RELIEF FOR EXCESSIVE POST-TRIAL
DELAY.
Briefs
will be filed under Rule 25.
No. 05-0683/MC. U.S. v. Michael
R. MCINTYRE.
CCA 200101068.
Review granted on the following issues:
I. WHETHER
THE ORDER
DIRECTING APPELLANT TO RECEIVE ANTHRAX VACCINE ABSORBED ON JANUARY 29, 1999,
WAS UNLAWFUL.
II.
WHETHER THE ORDER DIRECTING APPELLANT TO RECEIVE THE
ANTHRAX
VACCINE VIOLATED HIS CONSTITUTIONALLY PROTECTED LIBERTY
INTEREST IN REFUSING UNWANTED MEDICAL TREATMENT.
III. WHETHER
APPELLANT'S DUE PROCESS RIGHT TO TIMELY REVIEW OF
HIS APPEAL HAS BEEN DENIED.
Briefs
will be filed under Rule 25 on Issue III only.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0609/MC.
U.S. v. Derrick L.
OLIVER.
CCA 200101259.
No.
05-0613/AR.
U.S. v. Justin L.
ABRAHAMSON.
CCA 20020841.
No.
05-0690/AR.
U.S. v. Clinton C. McCARTY.
CCA 20040617.
No.
06-0020/AF.
U.S. v. Richard M.
MCKINNEY.
CCA 35485.
No.
06-0025/AF.
U.S. v. Roderick J.
DAVIS.
CCA 35490.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0214/AR.
U.S. v. Adam J.
CHRISTIE.
CCA 20040915.
No.
06-0215/MC.
U.S. v. Dexter J.
DANIELS.
CCA 200000835.
DAILY
JOURNAL
No.
06-053
Monday, December
19, 2005
APPEALS - SUMMARY DISPOSITIONS
No. 05-0310/AF. U.S. v. Jim G.
REILY, Jr.
CCA 35089.
On further
consideration of the granted issue, 61 M.J. 468, and on consideration
of
Appellant’s Motion to Remand for Fact-Finding, it is ordered that the
motion is
denied, and the decision of the United States Air Force Court of
Criminal
Appeals is reversed as to the Second Additional Charge and its
Specification,
but is affirmed in all other respects.
The findings of guilty to that charge and specification are set
aside,
and that charge and specification are dismissed. [See
INTERLOCULTORY ORDERS]
No. 05-0652/AR. U.S. v. Raphael
K. WORKS.
CCA 20020050.
On
consideration of the petition for grant of review, it is ordered that
the
petition is granted on the following issue:
WHETHER
THE EVIDENCE AT TRIAL WAS LEGALLY SUFFICIENT TO SUPPORT APPELLANT'S
CONVICTION
FOR MAKING OR USING A FALSE WRITING IN CONNECTION WITH A CLAIM.
The
decision of the United States Army Court of Criminal Appeals as to
Charge III
and its Specification is reversed, but is affirmed in all other
respects. The findings of guilty as to
Charge III and
its Specification are set aside, and that charge and specification are
dismissed. [See ORDERS GRANTING PETITION
FOR REVIEW]
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0652/AR. U.S. v. Raphael K.
WORKS.
CCA 20020050.
[See SUMMARY DISPOSITIONS]
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0200/AR.
U.S. v. Jasmine R.
LEWIS.
CCA 20030927.
No.
06-0201/AR.
U.S. v. Frederick W.
GLASGOW.
CCA 20041287.
No.
06-0202/AF.
U.S. v. Matthew A.
ALT.
CCA 36051.
No.
06-0203/AF.
U.S. v. Matthew J.
BROWN.
CCA 35677.
No.
06-0204/AF.
U.S. v. Walter S.
FLORES, Jr.
CCA S30413.
No.
06-0205/AF.
U.S. v. Demario A.
FOSTER.
CCA 35933.
No.
06-0206/AF.
U.S. v. Jonathan P.
GILLIAM.
CCA 35674.
No.
06-0207/AF.
U.S. v. David F.
MORAN.
CCA 35755.
No.
06-0208/AF.
U.S. v. Kyle R. REGAN.
CCA 36029.
No.
06-0209/AF.
U.S. v. Lucas S.
TRUSTY.
CCA S30777.
No.
06-0210/MC.
U.S. v. Lateef R.
LUCAS.
CCA 200400005.
No.
06-0211/NA.
U.S. v. Patrick W.
SHIFFLETT.
CCA 200401211.
No.
06-0212/MC.
U.S. v. Kykaiya A.
WILLIAMS.
CCA 200202264.
No.
06-0213/MC.
U.S. v. James G.
EHRISMAN.
CCA 200501251.
INTERLOCUTORY ORDERS
No.
05-0310/AF.
U.S. v. Jim G. REILY,
Jr.
CCA 35089. [See
SUMMARY DISPOSITIONS]
No.
06-0030/AR.
U.S. v. Sim DILL IV.
CCA 20011104. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, but only up to and including January 3, 2006; and absent
extraordinary circumstances, no
further extension of time will be granted in this case.
No.
06-0034/NA.
U.S. v. Columbia R. SHILOH.
CCA 200101238. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, but only up to and including January 3, 2006; and absent
extraordinary circumstances, no
further extension of time will be granted in this case
No.
06-0061/AF.
U.S. v. Jasmine E. CHASTAIN.
CCA 35452. Appellant's
motion to attach documents granted.
DAILY
JOURNAL
No.
06-052
Friday, December
16, 2005
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0077/NA.
U.S. v. Micheal
MORRIS.
CCA 200500225.
PETITIONS FOR GRANT OF REVIEW FILED
No.
03-0022/AF.
U.S. v. Julian
LATORRE.
CCA 34670.*
No.
06-0192/AR.
U.S. v. Daniel
VILLARREAL.
CCA 20001108.
No.
06-0193/AR.
U.S. v. Jonathan W.
GOETZCKE.
CCA 20050221.
No.
06-0194/AF.
U.S. v. James L.
PARKER.
CCA 35673.
No.
06-0195/AF.