DAILY
JOURNAL
No.
08-061
Monday,
December 31, 2007
APPEALS-SUMMARY
DISPOSITIONS
No. 07-0385/NA. U.S. v. Kenneth E.
HARRIS.
CCA
200401897.
On consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals and the entire record, including the file of the Administrative
Law
Division of the Judge Advocate General of the Navy, submitted under
seal by
Appellee to this Court on October 4, 2007, we conclude that the Court
of
Criminal Appeals abused its discretion in deciding Appellant’s Motion
for Panel
and En Banc Reconsideration and Appellant’s Panel and En Banc Motion to
Recuse
Senior Judge E. E. Geiser, and Judges J. W. Rolph and E. D. Mitchell
from
Appellant’s Case and to Rescind the Panel Two Opinion Issued in
Appellant’s
Case, without first considering the file of the Administrative Law
Division. Accordingly, it is ordered
that said petition is hereby
granted as to assigned issue I:
WHETHER A JUDGE ON THE
NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS SHOULD HAVE BEEN RECUSED
FROM
ACTING ON A CASE IN WHICH HE HAD PREVIOUS OFFICIAL INVOLVEMENT AND
KNOWLEDGE OF
SALIENT FACTS OUTSIDE THE RECORD OF TRIAL.
The case is
returned to the Judge Advocate General
of the Navy for remand to the United States Navy-Marine Corps Court of
Criminal
Appeals to reconsider Appellant’s Motion for Panel and En Banc
Reconsideration
and Appellant’s Panel and En Banc Motion to Recuse Senior Judge E. E.
Geiser,
and Judges J. W. Rolph and E. D. Mitchell from Appellant’s Case, in
light of
the entire file of the Administrative Law Division of the Judge
Advocate
General of the Navy that is now attached to the record.
This reconsideration will be before judges
who have not previously participated in this case.
Thereafter, Article 67, UCMJ, 10 U.S.C. § 867
(2000), shall apply. This is without
prejudice to raising the other issues assigned in the instant petition
for
grant of review. [See also ORDERS GRANTING PETITION FOR REVIEW this
date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0385/NA. U.S. v. Kenneth
E. HARRIS.
CCA 200401897.
[See also APPEALS-SUMMARY
DISPOSITIONS this date.]
MANDATES ISSUED
No.
07-0079/AR.
U.S. v. Rickie E.
PARRISH.
CCA 20020916.
No.
07-0188/AF.
U.S. v. John H.
CUSTIS.
CCA S30875.
No.
07-0412/AR.
U.S. v. Kerry T.
WRIGHT II.
CCA 20051233.
DAILY
JOURNAL
No.
08-060
Friday,
December 28, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0228/AR.
U.S. v. Joseph E.
PREBLE.
CCA 20070291.
No.
08-0229/AR.
U.S. v. Fredrick W.
LOPEZ.
CCA 20070110.
No.
08-0230/AR.
U.S. v. Tanssen G.
HANFORD.
CCA 20041292.
No.
08-0231/AF.
U.S. v. Nicholas M.
DILLARD.
CCA 36749.
No.
08-0232/AF.
U.S. v. Daniel P.
DUNCAN.
CCA 36997.
No.
08-0233/AF.
U.S. v. Griselda
DURAN-ESPINO.
CCA S31331.
No.
08-0234/AF.
U.S. v. Dustin M.
GRIMSLEY.
CCA S31332.
No.
08-0235/AF.
U.S. v. Ryan W.
LEFEVRE.
CCA 37042.
No.
08-0236/AF.
U.S. v. Prestin E.
LONG.
CCA 36683.
No.
08-0237/AF.
U.S. v. Samuel K.
WEBBER.
CCA 36489.
No.
08-0238/AF.
U.S. v. William E.
WOODARD, Jr.
CCA 36838.
No.
08-0239/AF.
U.S. v. Randi J.
STUMP.
CCA S31037.
No.
08-0240/AF.
U.S. v. Efrain
PEREZ-TOSADO, Jr.
CCA 36485.
INTERLOCUTORY ORDERS
No.
07-0482/MC.
U.S. v. Matthew K.
TRAVIS.
CCA 200600519. Appellant's
motion to extend time to file a
brief granted, up to and including
January 10, 2008, and absent
extraordinary circumstances, no further extension of time will be
granted in
this case.
No.
07-8012/NA.
U.S. v. Jacob DENEDO.
CCA 99-00680. Appellant's motion
for leave to file record of
immigration court proceedings granted.
No.
08-0057/NA.
U.S. v. Clarence R.
LACY.
CCA 200600273. Appellant's
motion to attach an appendix to
the petition for grant of review granted.
No.
08-0162/AR.
U.S. v. Alonzo J.
BLUNT.
CCA 20061179. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 28,
2008.
DAILY
JOURNAL
No.
08-059
Thursday,
December 27, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0225/AR.
U.S. v. Eduardo
LIRIANO.
CCA 20061018.
No.
08-0226/AR.
U.S. v. Friday O.
AYENI.
CCA 20030328.
No.
08-0227/MC.
U.S. v. Derrick J.
CARTER.
CCA 200602474.
DAILY
JOURNAL
No.
08-058
Wednesday,
December 26, 2007
CERTIFICATES FOR
REVIEW FILED
No. 08-5005/AF. U.S. v. James L.
MACKIE.
CCA
S31090.
The
Judge
Advocate General of the Air Force requests that action be taken with
respect to
the following issues:
WHETHER THE AIR
FORCE COURT OF CRIMINAL APPEALS APPLIED THE
CORRECT STANDARD OF REVIEW WHEN DETERMINING WHETHER THE MILITARY JUDGE
ABUSED
HIS DISCRETION WHEN HE DENIED THE DEFENSE MOTION FOR A SANITY BOARD.
WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THE MILITARY
JUDGE
ABUSED HIS DISCRETION WHEN HE DENIED APPELLANT’S REQUEST FOR A SANITY
BOARD
FINDING HE HAD NOT MET HIS BURDEN OF FACTUAL PERSUASION TO JUSTIFY AN
INQUIRY
PURSUANT TO R.C.M. 706.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0221/AR.
U.S. v. Curtis
DAVIS, Jr.
CCA 20070823
No. 08-0222/AR.
U.S. v. Wesley
S. EDMOND.
CCA 20070559.
No. 08-0223/AR.
U.S. v. Mario
CASTANEDA, Jr.
CCA 20041210.
No. 08-0224/AR.
U.S. v. Robert
B. SCHMIDT.
CCA 20070654.
INTERLOCUTORY ORDERS
No. 07-0544/AR.
U.S. v. Kevin
L. McILWAIN.
CCA 20040095. Appellant's
motion for leave to file a supplemental
joint appendix granted.
No. 07-0763/MC.
U.S. v.
Michael S. GLADDEN.
CCA
200600155. Appellant's motion to
attach polygraph examination denied.
No. 07-0787/MC.
U.S. v. Justin
A. INABINETTE.
CCA 200602228. Appellant's
motion extend
time to file joint appendix granted to December 28, 2007.
No. 08-0108/AR.
U.S. v. Jordan
S. MOORE.
CCA 20060979. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 22,
2008.
No. 08-0127/AR.
U.S. v. Samuel
P. RICHIE.
CCA 20060380. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 22,
2008.
No. 08-0141/AF.
U.S. v. Daniel
J. WING.
CCA 36756. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 25,
2008.
No. 08-0145/AR.
U.S. v. Anthony
R. LUCERO.
CCA 20020869. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 22,
2008.
No. 08-0158/AR.
U.S. v. Mark
R. CONLIFFE.
CCA 20040721. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 22, 2008 .
No. 08-0161/AR.
U.S. v. Joseph
M. RODRIGUEZ.
CCA 20051439. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 22,
2008.
DAILY
JOURNAL
No.
08-057
Friday,
December 21, 2007
INTERLOCUTORY ORDERS
No. 08-5001/MC.
U.S. v.
Michael A. WILD.
CCA 200700108. On
November 21, 2007, the United States filed a motion
for
enlargement of time in which to file a certificate of review in the
above-captioned case. The Court granted
that motion to December 21, 2007 (Daily Journal, December 3, 2007). On December 20, 2007, the United States filed a notice
of intent
not to file a certificate of review. In
view of this notice, it is ordered
that the above-captioned case is hereby removed from the Court’s docket.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0850/AF.
U.S. v. Alexander F.
FIOREY.
CCA 36319.
No.
07-0880/AR.
U.S. v. James E.
POSTELL.
CCA 20060561.
No.
08-0008/AR.
U.S. v. Jared R.
CHAMBERLIN.
CCA 20060983.
No.
08-0058/AR.
U.S. v. Garrett J.
GOLDEN.
CCA 20061168.
No.
08-0067/AF.
U.S. v. Matthew R.
HORNYAK.
CCA 36920.
No.
08-0080/AR.
U.S. v. Joshua R.
CLAUS.
CCA 20051171.
No.
08-0098/AR.
U.S. v. Derrick S.
GREFF.
CCA 20070254.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0218/AF.
U.S. v. Kermit E.
MITCHELL.
CCA 36310.
No.
08-0219/AF.
U.S. v. Derek J.
GRESKA.
CCA S30987.
No.
08-0220/AF.
U.S. v. Antonio M.
JACKSON.
CCA S31195.
DAILY
JOURNAL
No.
08-056
Thursday,
December 20, 2007
APPEALS - SUMMARY DISPOSITIONS
No. 07-0840/AF. U.S. v. Naomi LANE. CCA S30930.
On
consideration of the petition for grant of review of the decision of
the United
States Air Force Court of Criminal Appeals, we note that in affirming
the
sentence, that court stated that the sentence included a “forfeiture of
$832.00
pay per month for 3 months,” when in fact the sentence included a
forfeiture of
$823.00 pay per month for 3 months.
Accordingly, it is ordered that said petition is
hereby granted and that the decision of the United States Air Force
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, forfeiture of $823.00 pay
per month
for 3 months, confinement for 3 months, and a bad-conduct discharge.
[See also
ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0840/AF. U.S. v. Naomi LANE. CCA S30930. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0217/MC.
U.S. v. Lonnie
P. BOYD.
CCA 200700507.
INTERLOCUTORY ORDERS
No. 07-0229/NA.
U.S. v. Laprie
D. TOWNSEND.
CCA 200501197. Appellee's
motion to correct errata granted.
No. 07-0544/AR.
U.S. v. Kevin
L. McILWAIN.
CCA 20040095. Appellee's
motion to extend time to file an
answer to Appellant's brief granted to December 21, 2007.
No. 07-0763/MC.
U.S. v.
Michael S. GLADDEN.
CCA
200600155. Appellant's motion to
attach criminal offender data of Appellant’s former wife denied.
No. 07-0850/AF.
U.S. v.
Alexander F. FIOREY.
CCA
36319. Appellee's motion to
submit documents is denied, as said documents are already included in
the
record of trial.
No. 07-0852/NA.
U.S. v.
Stephen L. OBRIEN.
CCA 8301839. Appellee's
motion to extend time to file an
answer to the supplement to the petition for grant of review granted to
January
14, 2008.
No. 08-0116/AF.
U.S. v. Troy J.
FRANKS.
CCA 36541. Appellant's
motion to extend time to file a
supplement to the petition for grant of review granted to January 18,
2008.
No. 08-0159/NA.
U.S. v. Joseph
B. GONZALES.
CCA 8702946. Appellant's
motion to extend time to file a
supplement to the petition for grant of review granted to February 4,
2008.
DAILY
JOURNAL
No.
08-055
Wednesday,
December 19, 2007
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0496/NA.
U.S. v. Justin W.
DEANS.
CCA 200400791.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0215/NA.
U.S. v. Tyrice L.
HAYES.
CCA 200600910.
No.
08-0216/NA.
U.S. v. Michael E.
TYMOWCZAK.
CCA 200700365.
DAILY
JOURNAL
No.
08-054
Tuesday, December
18, 2007
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0628/AF.
U.S. v. Rinney
J. FUJIWARA.
CCA 36124.
No. 07-0746/AF.
U.S. v.
Courtney D. L. CLAYBORN.
CCA
36432.
No. 07-0876/AF.
U.S. v. Gary
M. COOPER, Jr.
CCA 36521.
No. 08-0021/AR.
U.S. v. Gene
K. BOSLEY.
CCA 20060379.
No. 08-0037/AR.
U.S. v. Jason
P. COURTEMANCHE.
CCA 20061318.
No. 08-0059/AR.
U.S. v. Young
H. KIM.
CCA 20061316.
No. 08-0081/AR.
U.S. v. Andre
JOHNSON.
CCA 20061352.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0212/NA.
U.S. v. David
A. ACOSTA.
CCA 200700375.
No. 08-0213/NA.
U.S. v.
Matthew STEVENS.
CCA 200401069.
No. 08-0214/NA.
U.S. v. Elgin F. MARTINEZ.
CCA 200700046.
INTERLOCUTORY ORDERS
No. 07-0503/MC.
U.S. v. Daqric
B. MOOREFIELD.
CCA 200600162. Appellant's
motion to extend time to file a
brief granted, up to and
including December 31, 2007,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 07-0701/CG.
U.S. v. Carl
T. BRIDGES.
CCA 1233. Appellant's
motion to extend time to file a
brief granted, but only up to and
including January 3, 2008, and
absent extraordinary circumstances, no further extension of time will
be
granted in this case.
No. 08-0040/NA.
U.S. v.
Rayfield VELAZQUEZ.
CCA
200602421. Appellant's second
motion to extend time to
file the supplement to the petition for grant of review granted, up to and including December 31, 2007,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 08-0045/NA.
U.S. v. David
L. SAVAGE.
CCA 200500494. Appellant's
second motion to extend time to file the
supplement to the
petition for grant of review granted, up
to and including January 3, 2008, and
absent extraordinary circumstances, no further extension of time will
be
granted in this case.
No. 08-0077/AR.
U.S. v. Adrian
CHEE.
CCA 20030294. Appellant's
motion out of time to extend time
to file the supplement to the petition for grant of review granted up
to and
including January 14, 2008.
No. 08-0095/MC.
U.S. v.
Gabrhea CAUDILL.
CCA 200601217. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 21,
2007.
No. 08-0097/AR.
U.S. v. Paul
B. BAUERMEISTER.
CCA 20060207. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 16,
2008.
DAILY
JOURNAL
No.
08-053
Monday,
December 17, 2007
APPEALS-SUMMARY
DISPOSITIONS
No. 07-0253/NA. U.S. v. John A.
HALSEMA.
CCA 2000137. On consideration
of the petition for grant of review
of the decision by the United States Navy-Marine Corps Court of
Criminal
Appeals, said petition is hereby granted, and the case is remanded to
the Court
of Criminal Appeals for consideration of assigned issue II. Following the conclusion of this matter, the
record will be returned directly to this Court for further proceedings.
[See
also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0253/NA. U.S. v. John A.
HALSEMA.
CCA
20001337.
[See also APPEALS-SUMMARY
DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0789/AR.
U.S. v. Trebor J.
DUNN.
CCA 20030107.
No.
07-0814/AR.
U.S. v. Joshua B.
ARBOGAST.
CCA 20060304.
No.
07-0823/AR.
U.S. v. Eric R.
CHISMAN.
CCA 20050925.
No.
07-0846/AF.
U.S. v. Christopher
L.T. SINGLETON.
CCA 36400.
No.
07-0859/AF.
U.S. v. Kelly D.
VILLEROY.
CCA 36574.
No.
07-0867/AR.
U.S. v. Adam A.
BARRAS.
CCA 20060911.
No.
07-0871/NA.
U.S. v. Tobias
CHAPPELL.
CCA 200602354.
No.
07-0899/AF.
U.S. v. Jeffrey M.
ROBLES.
CCA 36744.
No.
08-0017/AR.
U.S. v. Isaiah D.
ROBINSON.
CCA 20070456.
No.
08-0019/AR.
U.S.
v. Robert SAXON, Jr. CCA
20060316.
No.
08-0033/AF.
U.S. v. Michael T.
NICELY.
CCA 36730.
No.
08-0047/AR.
U.S. v. Jared A.
ALBIN.
CCA 20060583.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0201/AR.
U.S. v. Jason M. NEFF.
CCA 20070128.
No.
08-0202/AR.
U.S. v. Patrick
LEGRAND.
CCA 20051029.
No.
08-0203/NA.
U.S. v. Austin E.
PAIGE.
CCA 200602364.
No.
08-0204/AF.
U.S. v. Justin W.
SLINKARD.
CCA 36726.
No.
08-0205/AF.
U.S. v. Patrick T.
SULLIVAN.
CCA 36704.
No.
08-0206/AF.
U.S. v. Charles M.
JUNIOR.
CCA S31054.
No.
08-0207/AF.
U.S. v. Adam T.
ROTHMAN.
CCA 36738.
No.
08-0208/AF.
U.S. v. Wade STODDARD.
CCA S31099.
No.
08-0209/AF.
U.S. v. Patricia A.
STRICKLAND.
CCA 36554.
No.
08-0210/AF.
U.S. v. Lori E. WITT.
CCA S31257.
No.
08-0211/AR.
U.S. v. Bradley A.
SIMMS.
CCA 20070518.
INTERLOCUTORY ORDERS
No. 07-0774/AR.
U.S. v. David
C. LANING.
CCA 20051484. On
consideration of Appellant’s petition for
grant of review of the decision of the United States Army Court of
Criminal
Appeals, it is ordered that within
30 days of the date of this order, appellate defense counsel will file
a brief
with this Court on the issue raised by Appellant pursuant to United
States
v. Grostefon, 12 M.J. 431 (C.M.A. 1982), concerning the military
judge’s
denial of the defense’s request for judicial notice of Dep’t of the
Army, Reg.
27-10, Legal Services, Military Justice chap. 24 (November 16, 2005),
regarding
sexual offender registration. Appellee’s
answer shall be filed within 30 days of the filing of Appellant’s
brief, and a
reply may be filed within 10 days of Appellee’s answer.