DAILY
JOURNAL
No.
07-227
Friday,
August 31, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0344/AR. U.S. v. Kevin P.
STOESER.
CCA 20030596.
On
consideration of the petition for grant of review
of the decision of the United States Army Court of Criminal Appeals, we
note
that the convening authority reprimanded Appellant in his action. However, a reprimand was not part of the
adjudged sentence. Accordingly, it is
ordered that
said petition is hereby granted, and that the decision of the United
States
Army Court of Criminal Appeals is affirmed as to findings and to only
so much
of the sentence as provides for reduction to pay grade E-1, confinement
for 13
years, and a dishonorable discharge. [See also ORDERS GRANTING PETITION
FOR
REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0344/AR. U.S. v. Kevin P.
STOESER.
CCA 20030596. [See
also APPEALS-SUMMARY DISPOSITIONS this date.]
INTERLOCUTORY ORDERS
No.
03-0389/NA. U.S.
v. Alvin N. CUENTO. CCA
200100281. Appellant's motion to
extend time to file the supplement to the petition for grant of review
granted
to October 5, 2007.
No.
07-0730/AR. U.S.
v. Robb A. DITSCHEIT Jr. CCA 20070092. Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to September 28, 2007.
No.
07-0747/AR. U.S.
v. DeVaughn F. SIMPSON. CCA
20060158. Appellant's
motion to extend time to file the supplement to petition granted to
October 1,
2007.
No.
07-0750/MC. U.S.
v. Rodderick L. CARTER. CCA
200601139. Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to October 1, 2007.
No.
07-0477/AR. U.S.
v. Nicholas A. MCCARTY. CCA 20060387. On consideration of Appellant’s petition for
grant of review, it is ordered that Appellant shall file either a
supplement to
the petition for grant of review or resubmit a motion to withdraw the
petition,
on or before September 10, 2007.
DAILY
JOURNAL
No.
07-226
Thursday,
August 30, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0241/MC.
U.S. v. Thomas H.
KING.
CCA 200401338.
No.
07-0383/NA.
U.S. v. Trixie R.
ROWE.
CCA 200600046.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0827/AR.
U.S. v. Javier O.
MORALEZ.
CCA 20060123.
DAILY
JOURNAL
No.
07-225
Wednesday,
August 29, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0820/AF.
U.S. v. Nolan P. DILL.
CCA S31276.
No.
07-0821/AF.
U.S. v. John H. HARDY.
CCA 36590.
No.
07-0822/NA.
U.S. v. Walter F.
BOYED.
CCA 200601262.
No.
07-0823/AR.
U.S. v. Eric R.
CHISMAN.
CCA 20050925.
No.
07-0824/CG.
U.S. v. Daniel K.
VANTERPOOL.
CCA 1255.
No.
07-0825/AR.
U.S. v. Beverly A.
WHISENHUNT.
CCA 20061274.
No.
07-0826/AR.
U.S. v. Bennie B.
GOGUE.
CCA 20050650.
DAILY
JOURNAL
No.
07-224
Tuesday,
August 28, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0519/AR. U.S. v. Luis A.
AGUILAR.
CCA 20021439.
Review granted on the following issue:
WHETHER,
IN LIGHT OF CRAWFORD v. WASHINGTON, 541 U.S.
36 (2004), THE ARMY COURT OF CRIMINAL APPEALS COMMITTED REVERSIBLE
LEGAL ERROR
BY AFFIRMING THE ADMISSION OF TESTIMONY BY A SEXUAL ASSAULT NURSE
EXAMINER, WHO
SERVED AS A CONDUIT FOR THE INADMISSIBLE HEARSAY STATEMENTS OF AN
ABSENT BUT
AVAILABLE VICTIM.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0437/AR.
U.S. v. Jeffrey S.
CRABB.
CCA 20051528.
No.
07-0651/AR.
U.S. v. Brian L.
WHISMAN.
CCA 20060877.
No.
07-0752/MC.
U.S. v. Michael
ESTRADA.
CCA 200700310.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0817/NA.
U.S. v. Maurice O.
MILLER.
CCA 200401906.
No.
07-0818/MC.
U.S. v. Nicholas W.
RIGGS.
CCA 200600768.
No.
07-0819/AR.
U.S. v. Melvin E.
CORREA.
CCA 20061270.
DAILY
JOURNAL
No.
07-223
Monday,
August 27, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0814/AR.
U.S. v. Joshua B.
ARBOGAST.
CCA 20060304.
No.
07-0815/AR.
U.S. v. Derrick T.
VALCHAR.
CCA 20060456.
No.
07-0816/AR.
U.S. v. Shane BARCUS.
CCA 20060852.
DAILY
JOURNAL
No.
07-222
Friday,
August 24, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0275/AR.
U.S. v. Christopher
D. GOODMAN.
CCA 20021215.
No.
07-0292/AF.
U.S. v. Jonathan S.
BELKOWITZ.
CCA 36358.
No.
07-0591/AF.
U.S. v. John J.
FRELLO, Jr.
CCA 36351.
No.
07-0626/AF.
U.S. v. George L.
BOWMAN.
CCA S31172.
No.
07-0633/AR.
U.S. v. Antonio
CABRERA.
CCA 20040453.
No.
07-0649/AF.
U.S. v. Mark S.
DENEGRE.
CCA 36031.
No.
07-0652/AR.
U.S. v. Richard B.
MAYO, Jr.
CCA 20061347.
No.
07-0671/AR.
U.S. v. Steven L.
HADLEY.
CCA 20060019.
No.
07-0674/AF.
U.S. v. Mihailo
RADOVIC.
CCA S31089.
No.
07-0771/AR.
U.S. v. Yuri MCGEE.
CCA 20061277.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0812/AR.
U.S. v. Emily M.
HAMILTON.
CCA 20050735.
No.
07-0813/NA.
U.S. v. Richard S.
ROWE.
CCA 200600184.
INTERLOCUTORY ORDERS
No.
07-0020/AR.
U.S. v. Lucille S.
DIXON.
CCA 20050954. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to September 24,
2007.
DAILY
JOURNAL
No.
07-221
Thursday,
August 23, 2007
APPEALS - SUMMARY
DISPOSITIONS
No.
07-0601/MC.
U.S. v. Jason M. RYAN.
CCA
200401577. On consideration
of the petition for grant of review
of the decision of the United States Navy-Marine
Corps Court of Criminal Appeals, said petition is hereby
granted, and the decision of the United States Navy-Marine
Corps Court of Criminal Appeals is affirmed as to findings but set
aside as to
sentence. The record of trial is
returned to the Judge Advocate General of the Navy for remand to the
Navy-Marine Corps Court for a new sentence appropriateness review in
light of United
States v. Baier, 60 M.J. 382 (C.A.A.F. 2005). [See
also ORDERS GRANTING PETITION FOR REVIEW
this date.]
ORDERS GRANTING PETITION FOR REVIEW
No.
07-0601/MC.
U.S. v. Jason M. RYAN.
CCA
200401577. [See
also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0271/NA.
U.S. v. Phillip
TORRES.
CCA 200600944.
No.
07-0300/MC.
U.S. v. Andrew J.
STALEY.
CCA 200600965.
No.
07-0536/AR.
U.S. v. Robert J.
GRAVES.
CCA 20050846.
No.
07-0569/AR.
U.S. v. Travis W.
MILLS.
CCA 20060631.
No.
07-0585/AR.
U.S. v. Jonathan L.
HENSLEY.
CCA 20070022.
No.
07-0586/AR.
U.S. v. Michael R.
CHAMBERS.
CCA 20060606.
No.
07-0611/AF.
U.S. v. David K.
BOWERS.
CCA 36691.
No.
07-0617/AR.
U.S. v. Jay S.
BACOLOD.
CCA 20040780.
No.
07-0659/AR.
U.S. v. Warren D.
ARMAN II.
CCA 20060693.
No.
07-0672/AF.
U.S. v. Keith C.
BOEGEL.
CCA S31186.
No.
07-0676/MC.
U.S. v. Noah J.
KRAMER.
CCA 200602395.
No.
07-0679/AR.
U.S. v. Ashley N.
SMALLWOOD.
CCA 20060285.
No.
07-0699/NA.
U.S. v. Neal SABRA.
CCA 200700215.
No.
07-0711/MC.
U.S. v. Woodrow R.
STRALEY.
CCA 200602399.*
PETITIONS
FOR
GRANT OF REVIEW FILED
No.
07-0810/AR.
U.S. v. Brett A.
BROWN.
CCA 20060168.
No.
07-0811/NA.
U.S. v. Jason T.
ROTEN.
CCA 200700110.
INTERLOCUTORY
ORDERS
No.
07-0237/NA.
U.S. v. Eddie A.
ALMEJO.
CCA 200501051. Appellant's
motion to require counsel for
Appellee to file a notice of appearance, and motion to strike answer of
Appellee to supplement to the petition for grant of review are denied.
No.
07-0522/MC.
U.S. v. James R.
AUSTIN.
CCA 200500132. Appellant's
motion to file the supplement to
the petition for grant of review out of time granted.
No.
07-0631/AR.
U.S. v. Gloria L.
GLASSFORD.
CCA 20061094. Appellant's
motion to file the supplement to
the petition for grant of review out of time granted.
No.
07-0719/AR.
U.S. v. Michael G.
RHOADES.
CCA 20050592. Appellant’s
motion to extend time to file the supplement to the petition for grant
of
review granted to September 21, 2007.
No.
07-0720/AR.
U.S. v. Jeffery B.
DENNING.
CCA 20030963. Appellant’s
motion to extend time to file the supplement to the petition for grant
of
review granted to September 21, 2007.
No.
07-0586/AR.
U.S. v. Michael R.
CHAMBERS.
CCA 20060606. Appellant's
motion to file matters pursuant to
United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), granted.
____________________
* Those
portions of
the convening
authority’s action and the court-martial promulgating order that
purport to
execute the punitive discharge are a nullity.
A punitive discharge may be ordered executed only after a final
judgment
within the meaning of R.C.M. 1209 has been rendered in the case. See R.C.M. 1113(c)(1)(B).
DAILY
JOURNAL
No.
07-220
Wednesday,
August 22, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0807/AR.
U.S. v. Keith A.
DOWNS.
CCA 20061027.
No.
07-0808/AF.
U.S. v. Weldon B.
LUSK.
CCA 36617.
No.
07-0809/MC.
U.S. v. Andrew C.
TAYLOR.
CCA 200602223.
DAILY
JOURNAL
No.
07-219
Tuesday,
August 21, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0654/AF.
U.S. v. Thurstan L.
FREEMAN.
CCA 36836.
No.
07-0669/AF.
U.S. v. William F.
NORTHCUT, Jr.
CCA 36864.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0803/AR.
U.S. v. Jessie R.
LUNO, II.
CCA 20070306.
No.
07-0804/AR.
U.S. v. Jayson L.
LANDERS.
CCA 20060874.
No.
07-0805/AR.
U.S. v. Fredderick A.
MONASTERIO.
CCA 20070087.
No.
07-0806/AR.
U.S. v. Raymundo
BERNAL, Jr.
CCA 20060665.
DAILY
JOURNAL
No.
07-218
Monday,
August 20, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0415/AR. U.S.
v. Derrick Q. WHITE, Jr. CCA 20060641.
No.
07-0471/AR. U.S.
v. Albert T. GOINS, Jr. CCA 20040523.
No.
07-0566/AF. U.S.
v. Christopher B. SKINNER. CCA 36692.
No.
07-0599/NA. U.S.
v. Travis D. GREENE. CCA 200401272.
No.
07-0605/AR. U.S.
v. Michael L. MUNOZ. CCA 20060772.
No.
07-0638/AR. U.S.
v. Nathaniel C. BELL. CCA 20070047.
No. 07-0641/AR. U.S.
v. David A. DEROZARIO. CCA 20060927.
No.
07-0643/AR. U.S.
v. Carl B. WALKER. CCA 20060481.
No.
07-0645/AR. U.S.
v. Richard ZINGER. CCA 20061339.
No.
07-0646/AR. U.S.
v. Kevin M. BENDERMAN. CCA 20050955.
No.
07-0655/AF. U.S.
v. Jody R. LOVEJOY. CCA S31088.
No.
07-0695/MC. U.S.
v. Stanley
R. PATTERSON, Jr. CCA 200600896.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0794/AF. U.S.
v. Adam D. STALLINGS. CCA 36861.
No.
07-0795/AF. U.S.
v. Jeffrey R. RUTHERFORD. CCA 36651.
No.
07-0796/AF. U.S.
v. Antonyo T. ADAMS. CCA 36226.
No.
07-0797/AR. U.S.
v. Barbarita F. MONTOYA. CCA 20060739.
No.
07-0798/AR. U.S.
v. Daniel R. BARLETT. CCA 20060288.
No.
07-0799/AR. U.S.
v. Andrew F. MIRANDA. CCA 20061290.
No.
07-0800/NA. U.S.
v. David B. HAWKINS. CCA 200501456.
No.
07-0801/MC. U.S.
v. Shawn A. BOGGS. CCA 200600984.
No.
07-0802/AR. U.S.
v. Alvin JONES. CCA 20041071.
INTERLOCUTORY ORDERS
No.
07-0173/AR.
U.S. v. Darnyell R.
RHOADES.
CCA 20040109. Appellee's
motion to extend time to file a
brief granted, up to and including
September 12, 2007, and absent
extraordinary circumstances, no further extension of time will be
granted in
this case.
No.
07-0253/NA.
U.S. v. John A.
HALSEMA.
CCA 20001337. Appellant's
motion to attach and motion to
suspend briefing are denied without prejudice to consideration of the
security
clearance issue if raised by Appellant in his supplement to the
petition for
grant of review, and Appellant will file his supplement no later than
September
20, 2007.
No.
07-0316/NA.
U.S. v. Dennis R. TOY.
CCA 200001418. Appellant's
motion to extend time to file a
reply to Appellee's brief granted, up
to and including September 4, 2007, and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
07-0706/AR. U.S.
v. Douglas W. EMMETT. CCA
20041035. Appellant's motion to
extend
time to file the supplement to the petition for grant of review granted
to
September 14, 2007.
No.
07-0708/NA. U.S.
v. Michael D. BUSH. CCA
200700177. Appellant's motion to
extend time to file the supplement to the petition for grant of review
granted
to September 17, 2007.
No.
07-0712/MC. U.S.
v. Hubert A. LUCAS. CCA
200600564. Appellant's motion to
extend time to file the supplement to the petition for grant of review
granted
to September 14, 2007.
DAILY
JOURNAL
No.
07-217
Friday,
August 17, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0384/MC. U.S. v. Anthony
T. HALL.
CCA 200600805.
Review granted on the following issues:
WHETHER
THE LOWER COURT
ERRED IN STATING THAT APPELLANT HAD RECEIVED A DISHONORABLE DISCHARGE
AT TRIAL,
WHEN THE MEMBERS SENTENCED HIM TO A BAD-CONDUCT DISCHARGE,
AND THE CONVENING AUTHORITY APPROVED ONLY A BAD-CONDUCT DISCHARGE.
WHETHER
THE LOWER COURT ERRED IN FINDING THAT THE MILITARY JUDGE'S DECISION TO
ALLOW,
OVER DEFENSE OBJECTION, A NONEXPERT NCIS AGENT TO PROVIDE EXPERT
TESTIMONY TO
THE MEMBERS WAS HARMLESS, WHERE THIS WAS IN VIOLATION OF MILITARY RULE
OF
EVIDENCE 701(c), AND THE GOVERNMENT HAS CONCEDED THAT THIS TESTIMONY
WAS BOTH
MATERIAL TO ITS CASE AND WAS OF HIGH QUALITY.
Briefs
will be filed under Rule 25 on Issue II only.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0918/MC.
U.S. v. Raymon F.
THOMAS.
CCA 200401149.*
No.
07-0791/AR.
U.S. v. Matthew
HEDRINGTON.
CCA 20060567.
No.
07-0792/AR.
U.S. v. Jason J.
BOWMAN.
CCA 20051023.
No.
07-0793/AR.
U.S. v. Pete A.
VALDEZ.
CCA 20031278.
INTERLOCUTORY ORDERS
No. 07-0430/AR. U.S. v. Henry L.
HALL II.
CCA 20051505. On
consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal
Appeals, it
is ordered that counsel for the parties submit briefs on the following
specified issue:
WHETHER
THE EVIDENCE LEGALLY WAS SUFFICIENT TO CONVICT APPELLANT OF MAKING A
FALSE
OFFICIAL STATEMENT THAT HE “WAS NOT PRESENT AT THE TIME OF THE ALLEGED
ACT.”
Appellant’s
brief will be filed within 30 days of the date of this Order. Appellee’s brief will be filed within 30 days
of the filing of Appellant’s brief. A
reply may be filed by Appellant no later than 10 days after the filing
of
Appellee’s brief.
No.
07-0477/AR.
U.S. v. Nicholas A.
MCCARTY.
CCA 20060387. Appellant's
motion to withdraw the petition
for grant of review denied without prejudice to resubmitting the motion
in
compliance with Rule 30.
No.
07-0594/AF.
U.S. v. James L.
MILLER.
CCA 36252. Appellant's
motion for leave to file pleading
in excess of 30 pages is denied.
Appellant will file a supplement to the petition for grant of
review
that complies with the limitations in Rule 24 on or before August 31, 2007.
No.
07-6004. U.S. V. Eric
LOPEZ de VICTORIA.
CCA 20061248. On
consideration of Appellant’s petition
for grant of review of the decision of the United States Army Court of
Criminal
Appeals on appeal by the United States under Article 62, Uniform Code
of
Military Justice, 10 U.S.C. §
862, it is ordered that Appellee will file an Answer to
the assigned issue; that the above pleading will be filed no later than
August
27, 2007, and that Appellant may file a Reply no later than 5 days
after the
filing of Appellee’s Answer.
__________________
* Second petition
filed in this case.
DAILY
JOURNAL
No.
07-216
Thursday,
August 16, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0221/MC. U.S. v. Joseph M.
REYNOSO.
CCA 200401465.
Review granted on the following issues:
DID
A DEFENSE OBJECTION OF "LACK OF FOUNDATION" TO A SUMMARY DOCUMENT
MOVED INTO EVIDENCE UNDER M.R.E. 1006 EITHER INCLUDE OR PRESERVE AN
OBJECTION
TO THE ADMISSIBILITY OF THE UNDERLYING EVIDENCE UPON WHICH THE SUMMARY
WAS
BASED?
WAS
THE EVIDENCE UPON WHICH THE M.R.E. 1006 SUMMARY WAS BASED ADMISSIBLE AS
AN
EXCEPTION TO HEARSAY AND PROFFERED BY A COMPETENT WITNESS?
Briefs
will be filed under Rule 25.
No. 07-0247/AF. U.S. v. Dustin M.
HART.
CCA 36253.
Review granted on the following issue:
WHETHER THE
CHARGE AND SPECIFICATIONS SHOULD BE DISMISSED
FOR LACK OF PERSONAL JURISDICTION.
Briefs
will be filed under Rule 25.
No. 07-0269/AR. U.S. v. Sean P.
BRIGHT.
CCA 20020938.
Review granted on the following issue:
WHETHER
THE EVIDENCE OF RAPE WAS LEGALLY INSUFFICIENT TO SUPPORT CONVICTION
WHERE THE
GOVERNMENT OFFERED NO EVIDENCE OF IMMEDIATE FORCE AND LACK OF CONSENT
AT OR REASONABLY
NEAR THE TIME THAT THE PROSECUTRIX, INTER ALIA, ARRANGED FOR OFF-BASE
HOTEL
ROOMS TO MEET APPELLANT, MADE HER OWN WAY TO HOTEL ROOMS TO ENGAGE IN
SEXUAL
INTERCOURSE WITH APPELLANT, SMOKED CIGARETTES AND DRANK BEER IN BED
WITH
APPELLANT, AND ORDERED PIZZA AND ATE IT IN BED WITH APPELLANT DURING
HER
MEETINGS WITH APPELLANT WHERE SHE AND APPELLANT ENGAGED IN SEXUAL
INTERCOURSE.
Briefs
will be filed under Rule 25.
No. 07-0322/CG. U.S. v.
Christopher M. UPHAM.
CCA 1235.
Review granted on the following issues:
WHETHER
THE COAST GUARD COURT OF CRIMINAL APPEALS ERRED IN APPLYING A
CHAPMAN-TYPE
HARMLESS-ERROR ANALYSIS AS OPPOSED TO A STRUCTURAL-TYPE ERROR ANALYSIS
AFTER IT
CONCLUDED THAT THE MILITARY JUDGE COMMITTED AN ERROR OF CONSTITUTIONAL
DIMENSION WHEN HE INSTRUCTED THE MEMBERS THAT A PERSON WHO HAS ENGAGED
IN
UNINFORMED AND UNPROTECTED SEXUAL INTERCOURSE WHILE HIV POSITIVE HAS
COMMITTED
AN OFFENSIVE TOUCHING.
WHETHER,
AFTER THE COAST GUARD COURT OF CRIMINAL APPEALS SET ASIDE A CONVICTION
OF THE
GREATER OFFENSE OF AGGRAVATED ASSAULT, THE COURT WAS PROHIBITED FROM
AFFIRMING
A CONVICTION OF THE LESSER INCLUDED OFFENSE OF ASSAULT CONSUMMATED BY A
BATTERY
WHERE BOTH PARTIES HAD AFFIRMATIVELY WAIVED ANY INSTRUCTION ON THE
LESSER INCLUDED
OFFENSE AND THE MILITARY JUDGE DID NOT INSTRUCT THE MEMBERS ON THE
LESSER
INCLUDED OFFENSE.
Briefs
will be filed under Rule 25.
No. 07-0350/CG. U.S. v. Tom K.
HOLBROOK.
CCA 1251.
Review granted on the following issue:
WHETHER
APPELLANT'S PLEA TO FRAUDULENT ENLISTMENT (CHARGE I) WAS IMPROVIDENT
BECAUSE
THE MILITARY JUDGE FAILED TO ELICIT FACTS SUFFICIENT TO ESTABLISH THAT APPELLANT KNEW HE LIED ABOUT A MATERIAL FACT
RELEVANT TO HIS QUALIFICATIONS FOR ENLISTMENT.
Briefs
will be filed under Rule 25.
No. 07-0436/MC. U.S. v. Jose C.
MIERGRIMADO.
CCA 200501128.
Review granted on the following issue:
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING THE
MILITARY
JUDGE'S DECISION AT TRIAL TO INSTRUCT THE MEMBERS ON THE CLAIMED LESSER
INCLUDED
OFFENSE OF ATTEMPTED MANSLAUGHTER OVER THE ACCUSED'S OBJECTION.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0193/AF.
U.S. v. Shazad A.
MOHAMMED.
CCA S30838.
No.
07-0264/AF.
U.S. v. Harlen L.
STAMPER.
CCA 36191.
No.
07-0266/MC.
U.S. v. Charles K.
MCWHORTER.
CCA 200301592.
No.
07-0281/AF.
U.S. v. Lamario C.
ROSS.
CCA 36139.
No.
07-0347/AR.
U.S. v. Richmond D. SLATE.
CCA 20021227.
No.
07-0468/MC.
U.S. v. Matthew D.
STROMBERG.
CCA 200501127.
No.
07-0480/AR.
U.S. v. James H.
WILLIAMS.
CCA 20040760.
No.
07-0552/NA.
U.S. v. Vincent M.
ALCORN.
CCA 200301610.
No.
07-0622/AR. U.S. v. John L.
PETERSON.
CCA 20060135.
DAILY
JOURNAL
No.
07-215
Wednesday,
August 15, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 05-0627/MC. U.S. v. Mikki E.
ASHLEY.
CCA 9901546.
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 hereby granted, and the
decision
of the United States Navy-Marine Corps Court of Criminal Appeals is
affirmed. [See
also ORDERS GRANTING PETITION FOR REVIEW this date.]
No. 07-0338/AR. U.S. v. Jason L.
LEWIS.
CCA 20040226.
On consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal
Appeals, it
is ordered that said petition is hereby granted, and the decision of
the United
States Army Court of Criminal Appeals is affirmed. [See also ORDERS
GRANTING
PETITION FOR REVIEW this date.]
No. 07-0524/AR. U.S. v. Lamonous
T. BONNER.
CCA 20040196.
On
consideration of the petition for grant of review
of the decision of the United States Army Court of Criminal Appeals,
we note an
ambiguity in the decision whereby the Army Court affirmed “the findings
of
guilty and the sentence” without reference to the findings and sentence
affirmed by the convening authority. In
his action, the convening authority set aside the finding of guilty to
the
lesser included offense of consensual sodomy in Charge II and its
Specification
and dismissed that charge and its specification with prejudice. Also, the convening authority approved only
so much of the sentence as provided for reduction to the pay grade E-1,
confinement for 58 months, and a bad-conduct discharge.
Accordingly, it is ordered that said petition
is hereby granted, and the decision
of the United States Army Court of Criminal Appeals is affirmed only to
the
extent that it affirms the finding and the sentence as approved by the
convening authority.*
[See also
ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0627/MC. U.S. v. Mikki E.
ASHLEY.
CCA 9901546. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 07-0338/AR. U.S. v. Jason L.
LEWIS.
CCA 20040226. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No. 07-0524/AR. U.S. v. Lamonous
T. BONNER.
CCA 20040196.
[See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No. 07-0597/AF. U.S. v. Manuela Del
Carmen SCOTT.
CCA 36514.
Review granted on the following issue:
WHETHER
THE ADDENDUM TO THE STAFF JUDGE ADVOCATE'S RECOMMENDATION
CONTAINS "NEW MATTER" NOT PROVIDED TO DEFENSE
COUNSEL FOR COMMENT, NECESSITATING A NEW CONVENING
AUTHORITY ACTION IN THIS CASE.
Briefs
will
be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0788/AR. U.S.
v. Patrick POPE. CCA 20051147.
No.
07-0789/AR. U.S.
v. Trebor J. DUNN. CCA 20030107.
No.
07-0790/AF. U.S.
v. Donald E. BROWN, Jr. CCA S30783.
DAILY
JOURNAL
No.
07-214
Tuesday,
August 14, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 06-0906/AF. U.S. v. Samir S.
CHRISTIAN.
CCA 35905.
Review granted on the following issues:
WHETHER
APPELLANT'S CONVICTION FOR VIOLATING ARTICLE 125, UCMJ, BY ENGAGING IN
SODOMY
WITH RJM MUST BE SET ASIDE IN LIGHT OF LAWRENCE v. TEXAS, 539
U.S. 558 (2003),
AND UNITED STATES v. ZACHARY, 63 M.J. 438 (C.A.A.F. 2006).
WHETHER
APPELLANT'S GUILTY PLEA TO SPECIFICATION 2 OF CHARGE III WAS
IMPROVIDENT
BECAUSE THE MISTAKE OF FACT DEFENSE APPLIES TO THE OFFENSE OF KNOWINGLY
VIDEOTAPING A MINOR ENGAGED IN ORAL SODOMY.
No
briefs will be filed under Rule 25.
No. 06-0932/NA. U.S. v. Javan R.
GAINOUS.
CCA 200300953.
Review granted on the following issues
specified by the Court:
WHETHER
THE DICTA IN UNITED STATES v. ZACHARY, 63 M.J. 438, 442
(C.A.A.F. 2006),
INDICATING THAT THE DEFENSE OF MISTAKE OF FACT AS TO AGE IS A DEFENSE
FOR THE
CRIME OF SODOMY WITH A CHILD, OVERRULED UNITED STATES v. STRODE,
43 M.J.
29, 31 (C.A.A.F. 1995) (STATING THAT DEFENSE OF MISTAKE OF FACT AS TO
AGE WAS
NOT AVAILABLE TO STRICT LIABILITY OFFENSE OF SODOMY).
IF MISTAKE OF FACT AS TO AGE IS A
DEFENSE FOR THE OFFENSE OF SODOMY WITH A CHILD,
WHETHER APPELLANT'S GUILTY PLEA TO THAT OFFENSE WAS PROVIDENT.
No
briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0298/AR.
U.S. v. Daryle C.
FAIR.
CCA 20030622.
No.
07-0452/MC.
U.S. v. Mark A. HURST.
CCA 200401383.
No.
07-0464/AF.
U.S. v. Joseph C.
ROBERTSON.
CCA S31032.
No.
07-0485/AR.
U.S. v. George V.
HENRY.
CCA 20050303.
No.
07-0548/AF.
U.S. v. Garrett N.
ZORN.
CCA S31169.
No.
07-0559/AR.
U.S. v. Keith E.
PARKINSON.
CCA 20050792.
No.
07-0563/AF.
U.S. v. Jason G.
CAMPBELL.
CCA S31031.
No.
07-0614/AR.
U.S. v. Ryan P. MOORE.
CCA 20060340.
No.
07-0630/AF.
U.S. v. Michael K.
SPINK.
CCA 36846.
No.
07-0635/NA.
U.S. v. Christopher
A. BYARD.
CCA 200602288.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0785/AR.
U.S. v. Timothy M.
LUSK, Jr.
CCA 20060431.
No.
07-0786/MC.
U.S. v. Mitchell J.
LARAMORE.
CCA 200601023.
No.
07-0787/MC.
U.S. v. Justin A.
INABINETTE.
CCA 200602228.
DAILY JOURNAL
No. 07-213
Monday,
August 13, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0775/AR.
U.S. v. William N.
GADDY.
CCA 20060091.
No.
07-0776/AR.
U.S. v. David M.
TILLERY.
CCA 20030538.
No.
07-0777/AR.
U.S. v. James M.
EVANS.
CCA 20070016.
No.
07-0778/AF.
U.S. v. Jonathan P.
GLOWACKI.
CCA 36814.
No.
07-0779/AF.
U.S. v. Ryan E. BUSH.
CCA S31214.
No.
07-0780/AF.
U.S. v. Christopher
J. BARRETT.
CCA 36591.
No.
07-0781/AF.
U.S. v. Jason B.
PEDULSKI.
CCA 36562.
No.
07-0782/AF.
U.S. v. Davis S. HAIL.
CCA 36283.
No.
07-0783/NA.
U.S. v. Nathan K.
PROCTOR.
CCA 200601171.
No.
07-0784/NA.
U.S. v. Patrick D.
KING.
CCA 200700131.
INTERLOCUTORY ORDERS
No.
07-0105/NA.
U.S. v. Esteban
FALCON.
CCA 200401483. Appellee's
motion to extend time to file an
answer to Appellant's brief granted, up
to and including August 28, 2007, and absent extraordinary circumstances,
no further extension of time will be
granted in this case.
No.
07-0538/NA.
U.S. v. Bonnie J.
ARCHIBALD.
CCA 200500147. Appellant's
motion to withdraw petition for
grant of review is denied without prejudice to Appellant’s right to
file
another motion to withdraw that complies with RCM 1110, and that should
said
motion not be filed, Appellant will file a supplement to the petition
on or
before September 12, 2007.
No.
07-0553/NA.
U.S. v. Christopher
A. BOLSINS.
CCA 200602408. Appellant's
second motion to extend time to file a brief
granted, up to and including August 17, 2007,
and no further extension of time will
be granted in this case.
No.
07-0619/AR.
U.S. v. Jason J.
BURKOS.
CCA 20041256. 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 August 21, 2007, and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
07-0628/AF.
U.S. v. Rinney J.
FUJIWARA.
CCA 36124. 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 August 27, 2007, and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
07-0657/MC.
U.S. v. Felix R.
RIVERA.
CCA 200600553. Appellant's
motion to withdraw petition for
grant of review is denied without prejudice to Appellant’s right to
file
another motion to withdraw that complies with RCM 1110, and that should
said
motion not be filed, Appellant will file a supplement to the petition
on or
before September 12, 2007.
No.
07-0693/AR.
U.S. v. Hobert W.
LAMBERT.
CCA 20021132. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to September 10,
2007.
No.
07-0698/AR.
U.S. v. Donavan S.
MILLS.
CCA 20060317. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to September 10,
2007.