UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-184
APPEALS – SUMMARY DISPOSITIONS
No. 05-0199/AR.
WHETHER
APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HIS DEFENSE
COUNSEL
FAILED TO: (1) ALLOW HIM THE OPPORTUNITY TO SUBMIT MATTERS WITH HIS
CLEMENCY PETITION;
AND (2) CONSULT WITH HIM REGARDING THE MATTERS THAT DEFENSE COUNSEL
INTENDED TO
SUBMIT IN THAT PETITION AND THE SPECIFIC RELIEF HE INTENDED TO REQUEST
ON
APPELLANT'S BEHALF.
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 to obtain an affidavit from the trial
defense
counsel responding to Appellant’s allegation of ineffective assistance
of
counsel. In the course of conducting its
new review under Article 66(c), Uniform Code of Military Justice, 10
U.S.C. §
866(c) (2000), the Court of Criminal Appeals shall review the trial
defense
counsel’s affidavit and any other relevant matters.
See
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0199/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0184/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0583/NA.
No.
05-0584/MC.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 05-8033/NA.
Darryl S. PHILLIPS, Petitioner, v. Commanding General, Marine
Corps
Base,
INTERLOCUTORY ORDERS
No.
05-0157/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-183
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 05-0343/AF.
No. 05-0358/AR.
No. 05-0377/AR.
No. 05-0409/AR.
No. 05-0410/AR.
No. 05-0414/AR.
No. 05-0435/NA.
No. 05-0454/AR.
No. 05-0458/MC.
No. 05-0470/AR.
No. 05-0474/AR.
No. 05-0480/AF.
No. 05-0492/MC.
No. 05-0502/AR.
No. 05-0534/AR.
INTERLOCUTORY ORDERS
No. 05-0004/AR.
Appellee's motion
to exceed page length granted.
No. 05-0532/AR.
Appellant's
motion to extend time to file supplement
to the petition for grant of review granted to
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-182
APPEALS - SUMMARY DISPOSITIONS
No. 04-0494/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0494/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 05-0156/NA.
No. 05-0207/AR.
No. 05-0217/NA.
No. 05-0344/AF.
No. 05-0392/NA.
No. 05-0475/AF.
No. 05-0484/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 05-0581/AR.
No. 05-0582/AR.
INTERLOCUTORY ORDERS
No. 03-0072/AF.
motion to submit
documents granted
with respect to the documents in Appendix C, but denied with respect to
the
documents in Appendix A and Appendix B.
No. 05-0366/MC.
No. 05-0382/NA.
I.
IF A
SERVICE MEMBER HAS EXECUTED A POWER OF ATTORNEY REGARDING APPELLATE
RIGHTS:
A. WHAT EFFECT,
IF ANY,
SHOULD THIS COURT GIVE TO THE PROVISIONS IN A POWER OF ATTORNEY THAT
PROVIDE
FOR APPELLATE DEFENSE COUNSEL TO:
(1) ACCEPT
SERVICE OF THE DECISION
OF THE COURT OF CRIMINAL APPEALS FOR PURPOSES OF STARTING THE 60-DAY
TIME
PERIOD FOR FILING A PETITION FOR REVIEW UNDER ARTICLE 67(b), UCMJ, 10
U.S.C. §
867(b) (2000)?
(2) DECIDE
WHETHER
TO FILE A PETITION FOR REVIEW OR TO WAIVE THE RIGHT TO PETITION THIS
COURT FOR
REVIEW UNDER ARTICLE 67(a)(3), UCMJ, 10 U.S.C. § 867(a)(3) (2000)?
B. UNDER WHAT
CIRCUMSTANCES,
IF ANY, MAY APPELLATE COUNSEL APPOINTED UNDER ARTICLE 70, UCMJ, 10
U.S.C. § 870
(2000) DECIDE TO NOT PETITION THIS COURT
FOR REVIEW UNDER ARTICLE 67, UCMJ, 10 U.S.C. § 867 (2000) WITHOUT
ATTEMPTING
FIRST TO CONTACT APPELLANT?
II. WHEN A SERVICE
MEMBER HAS EXECUTED A
POWER OF ATTORNEY REGARDING APPELLATE RIGHTS, AND APPELLATE DEFENSE
COUNSEL IS
UNABLE TO CONTACT APPELLANT, UNDER WHAT CIRCUMSTANCES, IF ANY, MAY
COUNSEL
DECIDE TO FOREGO FILING ANY PETITION, INCLUDING A “MERITS” PETITION?
III. WHAT ARE AN
APPELLATE
DEFENSE COUNSEL’S RESPONSIBILITIES TO APPELLANT ONCE COUNSEL HAS BEEN
SERVED
WITH THE DECISION OF THE COURT OF CRIMINAL APPEALS
A. WHEN A POWER
OF ATTORNEY
REGARDING APPELLATE RIGHTS HAS BEEN EXECUTED BY APPELLANT?
B. WHEN THERE IS
NO SUCH
POWER OF ATTORNEY?
IV. IF A PETITION IS FILED OUT OF TIME UNDER
ARTICLE 67(b), UCMJ, 10 U.S.C. § 867(b) (2000), IS APPELLANT REQUIRED
TO SET
FORTH THE SPECIFIC FACTS DEMONSTRATING GOOD CAUSE FOR A LATE FILING?
A. IF APPELLANT
WISHES TO
MAKE A LATE FILING, AND SUCH FACTS INVOLVE ATTORNEY-CLIENT
COMMUNICATIONS, MAY
COUNSEL DISCLOSE THOSE FACTS TO THE COURT WITHOUT VIOLATING THE
ATTORNEY-CLIENT
PRIVILEGE?
B. IF THERE
APPEARS
TO BE A COLORABLE CLAIM OF INEFFECTIVE ASSISTANCE OF APPELLATE DEFENSE
COUNSEL,
OR IF COUNSEL’S INTERESTS ARE OTHERWISE POTENTIALLY ADVERSE TO
APPELLANT’S,
SHOULD THE JUDGE ADVOCATE GENERAL APPOINT ANOTHER APPELLATE DEFENSE COUNSEL TO
REPRESENT APPELLANT WITH RESPECT TO THE
MATTER OF THE UNTIMELY FILING?
Appellant’s brief
is due
within 30 days of the date of this order; Appellee’s brief is due within 30 days
of the filing of Appellant’s brief.
The Chiefs of the
Appellate
Defense and Appellate Government Divisions of the United States Army,
United
States Air Force, and United States Coast Guard are invited to file
amicus
curiae briefs on the above issues under Rule 26 of the Court’s Rules of
Practice and Procedure.
No. 05-0509/AR.
No. 05-8034/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-181
PETITIONS FOR GRANT OF
REVIEW FILED
No.
05-0571/AR.
No.
05-0572/AR.
No.
05-0573/AR.
No.
05-0574/AR.
No.
05-0575/AF.
No.
05-0576/AF.
No.
05-0577/AF.
No.
05-0578/AF.
No.
05-0579/AF.
No.
05-0580/AF.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 05-8034/NA. Russell B.
MULLINS, Petitioner, v.
Judges of the Navy-Marine Corps Court of Criminal Appeals, Respondents.
CCA 200200988. Notice is hereby given that a petition for
extraordinary relief was filed under Rule 27(a) on May 19, 2005, and
placed on
the docket this date.
Misc.
No. 05-8035/AR.
Michael L. BAKER, Petitioner, v.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-180
PETITIONS FOR GRANT OF
REVIEW FILED
No.
05-0566/NA.
No.
05-0567/MC.
No.
05-0568/AF.
No.
05-0569/AF.
No.
05-0570/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-179
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 05-8033/NA. Darryl S.
PHILLIPS, Petitioner, v. Commanding
General, Marine Corps Base,
INTERLOCUTORY ORDERS
No.
04-0578/AR.
Appellant's
motion
to extend time to file brief granted, up
to and including
No.
05-0433/NA.
Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted, up to and including
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-178
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0243/MC.
No.
05-0325/NA.
No.
05-0465/AF.
No.
05-0493/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0565/AR.
MANDATES ISSUED
No.
04-0284/AF.
No.
04-0382/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-177
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0077/AF.
I.
WHETHER THE
EVIDENCE WAS LEGALLY SUFFICIENT TO CONVICT APPELLANT OF SPECIFICATIONS
2, 3,
AND 4 OF CHARGE I (VIOLATION OF A DIRECTIVE PROHIBITING SEXUAL
HARASSMENT)
BEYOND A REASONABLE DOUBT.
II. WHETHER AIR
EDUCATION AND TRAINING INSTRUCTION 36-2002,
III. WHETHER THE
MILITARY JUDGE ERRED WHEN SHE ADMITTED,
OVER DEFENSE OBJECTION, A PROSECUTION EXHIBIT OFFERED AS SENTENCING
AGGRAVATION
EVIDENCE THAT ARGUED AIR FORCE CORE VALUES AND ENDORSED "HARSH ADVERSE
ACTION" FOR THOSE WHO COMMITTED APPELLANT'S OFFENSES.
Briefs
will be filed under Rule 25.
No. 05-0211/AR.
WHETHER
THE MILITARY JUDGE COMMITTED ERROR WHEN HE FAILED TO FIND THE
SPECIFICATION OF
CHARGE II (FALSE OFFICIAL STATEMENT) MULTIPLICIOUS WITH SPECIFICATIONS
1, 3 AND
5 OF CHARGE III (MAKING AND USING FALSE WRITINGS IN CONNECTION WITH A
CLAIM).
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0161/MC.
No.
05-0273/AR.
No.
05-0413/AR.
No.
05-0483/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-176
ORDERS
GRANTING PETITION FOR REVIEW
No. 05-0136/AF.
I. WHETHER
THE MILITARY JUDGE ERRED IN FAILING TO SUPPRESS APPELLANT'S STATEMENTS
TO THE FAMILY ADVOCACY PROVIDER WHERE THOSE STATEMENTS WERE MADE IN
RESPONSE TO QUESTIONS POSED WITHOUT AN ARTICLE 31, UNIFORM CODE OF
MILITARY JUSTICE, RIGHTS ADVISEMENT.
II. IF SO, WHETHER THE MILITARY JUDGE ERRED IN
FAILING TO SUPPRESS ALL EVIDENCE DERIVED FROM APPELLANT'S STATEMENT TO
THE FAMILY ADVOCACY PROVIDER BECAUSE AFOSI DID NOT GIVE APPELLANT A
CLEANSING WARNING PRIOR TO ITS INTERROGATION OF APPELLANT.
III. DID THE
PROSECUTION PRESENT LEGALLY SUFFICIENT EVIDENCE THAT APPELLANT'S
POSSESSION OF VISUAL DEPICTIONS OF NUDE MINORS WAS SERVICE-DISCREDITING
OR PREJUDICIAL TO GOOD ORDER AND DISCIPLINE?
Briefs will be
filed under Rule 25.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 05-0561/AR.
No. 05-0562/AR.
No. 05-0563/MC.
No. 05-0564/NA.
INTERLOCUTORY
ORDERS
No. 05-0406/NA.
No. 05-0426/AR.
No. 05-0440/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-175
PETITIONS FOR GRANT OF REVIEW DENIED
No. 04-0560/AR.
No. 05-0187/AR.
No. 05-0196/AR.
No. 05-0211/AR.
No. 05-0370/AF.
No. 05-0385/AR.
No. 05-0399/AR.
No. 05-0401/AR.
No. 05-0425/AR.
No. 05-0432/MC.
No. 05-0438/NA.
No. 05-0442/AR.
No. 05-0448/AR.
No. 05-0494/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 05-0553/MC.
No. 05-0554/AF.
No. 05-0555/AF.
No. 05-0556/AF.
No. 05-0557/AF.
No. 05-0558/AF.
No. 05-0559/AF.
No. 05-0560/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
05-8032/NA.
Jesse C. SCOTT, Petitioner, v.