DAILY
JOURNAL
No.
07-079
Wednesday,
January 31, 2007
APPEALS – SUMMARY DISPOSITIONS
No. 06-0532/NA. U.S. v. Hector A.
COLEMAN.
CCA
200101009.
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 noted that that decision
dismissed
Specification 2 of Charge I (felony murder) and then stated that the
“remaining
Charge and specification are affirmed.”
Because two specifications under two charges remain
(premeditated murder
under Charge I and robbery under Charge II), it is unclear what
findings were
approved by the Court of Criminal Appeals. Under
Article 67(c), Uniform Code of Military
Justice (UCMJ), 10 U.S.C. § 867(c) (2000), this Court can only act with
respect
to findings as affirmed by a court of criminal appeals.
Accordingly, it is ordered that said
petition is hereby granted. The decision
of the United States Navy-Marine
Corps Court of Criminal Appeals is set aside, and the record of trial is returned to the
Judge Advocate General of the Navy for remand to the United States
Navy-Marine
Corps Court of Criminal Appeals for clarification as to the affirmed
findings. Thereafter, Article 67,
UCMJ, shall apply. This is without
prejudice to Appellant’s
right to resubmit any assignments of error in a subsequent petition for
grant
of review to this Court. [See
also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0532/NA. U.S. v. Hector A.
COLEMAN.
CCA
200101009.
[See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 07-0002/AR. U.S. v. Alaa E.
ALBAAJ.
CCA 20000121.
Review granted on the following issue:
WHETHER
APPELLANT'S CONSTITUTIONAL AND REGULATORY RIGHT TO A
FAIR AND IMPARTIAL PANEL WAS VIOLATED BY THE MISCONDUCT OF A PANEL
MEMBER.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0027/AR.
U.S. v. Federico D. MERIDA.
CCA 20040961.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0258/AR.
U.S. v. Christopher
D. COX.
CCA 20060548.
INTERLOCUTORY ORDERS
No.
06-0594/AR.
U.S. v. Jaime PEREZ.
CCA 20020314. Appellee's
motion to attach supporting documentation
regarding the court-martial of Appellant's two co-accused and the
post-trial
processing of Appellant's court-martial, and to take judicial notice
thereof, is
granted as to the motion to attach government appellate exhibits 1 and
2 and
the post-trial delay submissions; the motion to attach government
appellate
exhibits 3 and 4 is hereby denied as moot; and the motion to take
judicial
notice thereof is hereby denied.
No.
06-0611/MC.
U.S. v. Isaac D.
ROBERSON.
CCA 200301539. Motion
of Lieutenant Commander Jason S. Grover
for leave to file as amicus curiae denied.
DAILY
JOURNAL
No.
07-078
Tuesday, January
30, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0106/NA. U.S. v. Alvin M.
CUNNINGHAM.
CCA
200500795.
Review granted on the following issue:
WHETHER THE
BUSINESS RECORD
ADMITTED INTO EVIDENCE OVER DEFENSE OBJECTION WAS TESTIMONIAL HEARSAY.
No briefs will be
filed
under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0779/AF.
U.S. v. Steven
E. LAVALLEE.
CCA 35858.
No. 06-0937/AF.
U.S. v.
Deontay T. ROAF.
CCA 36305.
No. 07-0005/AR.
U.S. v. Mikel
A. REYNOLDS.
CCA 20051535.
No. 07-0030/AF.
U.S. v. Jose
A. COSSIO, Jr.
CCA 36206.
No. 07-0088/AR.
U.S. v. Eddie
D. LOCKETT.
CCA 20051393.
No. 07-0133/AR.
U.S. v. Steven
R. JOHNSTON.
CCA 20050229.
No. 07-0147/AR.
U.S. v. Randy
C. MORA.
CCA 20060602.
No. 07-0153/AR.
U.S. v. Daniel
L. BRIONES.
CCA 20060471.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0254/AR.
U.S. v. Marcus
R. HAMPTON III.
CCA 20030725.
No. 07-0255/AR.
U.S. v. Dedric
T. ROGERS.
CCA 20050099.
No. 07-0256/NA.
U.S. v. Paul
P. KROKUS.
CCA 200401325.
No. 07-0257/NA.
U.S. v.
Michael P. TETLEK.
CCA 20050094.
INTERLOCUTORY ORDERS
No. 06-0505/AR.
U.S. v. Cyrus
YOUNG.
CCA 20010820. Appellant's
motion for leave to file reply
brief out of time and motion to correct errata granted.
No. 06-0758/AF.
U.S. v.
Matthew S. CARR.
CCA 35772. Appellee's
motion to add corrected pages
granted.
No. 07-0160/AF.
U.S. v. Everett A. SMITH.
CCA 35691. Appellee's
motion to submit an answer to the supplement
to the petition for grant of review out of time granted.
No. 07-0179/MC.
U.S. v.
Jonathon T. MOORE.
CCA 200501126. Appellant's
motion to attach granted.
MANDATES ISSUED
No. 06-0902/MC.
U.S. v. George
A. CANCHOLA, Jr.
CCA 200500538.
No. 06-6005/AF.
U.S. v. Jose
A. COSSIO.
CCA 2006-02.
DAILY
JOURNAL
No.
07-077
Monday, January
29, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 06-0881/MC. U.S. v. Todd E.
JAMESON.
CCA 200401438.
Review granted on the following issue raised
by appellate defense counsel:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY NOT ALLOWING DEFENSE
COUNSEL TO
RAISE A MOTION TO SUPPRESS THE RESULTS OF APPELLANT'S BLOOD TEST AFTER
PLEAS HAD
BEEN ENTERED.
And
the following issue specified by the Court:
WHETHER
DEFENSE COUNSEL WAS INEFFECTIVE FOR FAILING TO INVESTIGATE THE ISSUE OF
CONSENT
PRIOR TO SUBMISSION OF APPELLANT'S PLEAS AND FOR FAILING TO FILE A
TIMELY
MOTION TO SUPPRESS THE RESULTS OF APPELLANT'S BLOOD-ALCOHOL TEST.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0933/MC.
U.S. v. Doyle L.
JARNAGIN.
CCA 200500635.
No.
07-0061/AF.
U.S. v. Darrell W.
STAFFORD.
CCA S30928.
No.
07-0068/AR.
U.S. v. Raymond L.
SANDERS.
CCA 20051463. *
No.
07-0073/MC.
U.S. v. Chad E. REINER.
CCA 200500507. **
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0244/AR.
U.S. v. Anas KENZOU.
CCA 20050620.
No.
07-0245/AR.
U.S. v. Freddie
BARNETT III.
CCA 20060139.
No.
07-0246/AF.
U.S. v. Christopher
M. DENSMORE.
CCA S1034.
No.
07-0247/AF.
U.S. v. Dustin M.
HART.
CCA 36253.
No.
07-0248/AF.
U.S. v. Daniel J.
MCCOY.
CCA S31111.
No.
07-0249/AF.
U.S. v. Brian C.
MCKAY.
CCA 36716.
No.
07-0250/AF.
U.S. v. Mindy A.
WALSH.
CCA 36330.
No.
07-0251/NA.
U.S. v. Michael A.
BARSIC.
CCA 200400830.
No.
07-0252/NA.
U.S. v. Antonio F.
MOLETT.
CCA 200601206.
No.
07-0253/NA.
U.S. v. John A.
HALSEMA.
CCA 20001337.
____________________
*
It is
directed that the promulgating order be corrected to reflect a guilty
finding
to Charge IV.
** It is directed
that the promulgating order
be corrected to add the word “incorporate” between the words
“unlawfully” and
“a martial arts style technique” in Specification 1 of Charge II.
DAILY
JOURNAL
No.
07-76
Friday, January
26, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-6001/NA.
U.S. v. Roy N. BYRD.
CCA 200601320.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
07-0185/CG.
U.S. v. Timothy I.
MARTIN.
CCA 1260. Appellant’s
motion to withdraw the petition
for grant of review granted.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0239/AF.
U.S. v. Nathan A.
COLE.
CCA 36493.
No.
07-0240/AF.
U.S. v. Jason M.
SOWERS.
CCA S31048.
No.
07-0241/MC.
U.S. v. Thomas H.
KING.
CCA 200401338.
No.
07-0242/NA.
U.S. v. Tiffany M.
BROOKS.
CCA 200600571.
No.
07-0243/NA.
U.S. v. Verdell R.
LONDON.
CCA 200500323.
INTERLOCUTORY ORDERS
No.
07-0138/MC.
U.S. v. Pionell
THOMAS.
CCA 200500939. Appellant's
motion for leave to file the
supplement to the petition for grant of review out of time granted.
DAILY
JOURNAL
No.
07-075
Thursday, January
25, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 98-0617/AR. U.S. v. Thomas D.
MORRISON.
CCA 9600461.
On consideration of the petition for grant of
review of the decision of the United States Army Court of Appeals, said
petition is granted, and the decision of the United States Army Court
of
Criminal Appeals is affirmed.[See also ORDERS GRANTING PETITION FOR
REVIEW this
date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 98-0617/AR. U.S. v. Thomas D.
MORRISON.
CCA 9600461.[See
also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0123/AR.
U.S. v. Geoffrey D.
MANTHEY.
CCA 20060282.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0237/NA.
U.S. v. Eddie A.
ALMEJO.
CCA 200501051.
No.
07-0238/AR.
U.S. v. Edward L.
RICHMOND, Jr.
CCA 20040787.
DAILY
JOURNAL
No.
07-074
Wednesday,
January 24, 2007
APPEALS - SUMMARY DISPOSITIONS
No. 03-0086/AR. U.S. v. Stanley E. EDMOND. CCA 9900904.
On
consideration of the petition for grant of review of the decision of
the United
States Army Court of Criminal Appeals, said petition is 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. 06-0842/NA. U.S. v. Peter N.
BEYER.
CCA
200201128. 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 United States v.
Moreno,
63 M.J. 129 (C.A.A.F. 2006), and United States v. Allison, 63
M.J. 365
(C.A.A.F. 2006), assuming that Appellant was denied his due process
right to
speedy post-trial review and appeal, we conclude that any error in that
regard
was harmless beyond a reasonable doubt.
Accordingly, said petition is granted on Issue V as raised by
appellate
defense counsel, 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. 06-0869/MC. U.S. v. Herman L.
BROWN.
CCA
200200095.
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 United States v. Moreno, 63 M.J. 129
(C.A.A.F.
2006), and United States v. Allison, 63 M.J. 365 (C.A.A.F.
2006),
assuming that Appellant was denied his due process right to speedy
post-trial
review and appeal, we conclude that any error in that regard was
harmless
beyond a reasonable doubt. Accordingly,
said petition is granted on Issue II as raised by appellate defense
counsel,
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. 07-0045/AR. U.S. v. Joshua J.
ALEXANDER.
CCA
20031161.
On consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal
Appeals,
said petition is granted, and the decision of the United States Army
Court of
Criminal Appeals is affirmed.[See also ORDERS GRANTING PETITION FOR
REVIEW this
date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0086/AR. U.S. v. Stanley E. EDMOND. CCA 9900904. [See also APPEALS – SUMMARY this date.]
No. 06-0842/NA. U.S. v. Peter N.
BEYER.
CCA 200201128. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 06-0869/MC. U.S. v. Herman L.
BROWN.
CCA 200200095. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 07-0045/AR. U.S. v. Joshua J.
ALEXANDER.
CCA 20031161. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0843/NA.
U.S. v. Carlos R.
HESTER.
CCA 200400178.
No.
07-0026/AR.
U.S. v. Richard P.
EMERY.
CCA 20040424.
No.
07-0074/NA.
U.S. v. Marc J.
GARCIA.
CCA 200401048.
No.
07-0082/AF.
U.S. v. Curtis T.
SPAIN.
CCA S30878.
No.
07-0116/MC.
U.S. v. Gabriel M.
MARTINEZ.
CCA 200600044.
No.
07-0131/AR.
U.S. v. Analia
RODRIGUEZ.
CCA 20051432.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0232/AR.
U.S. v. Mark A. LOWE,
Jr.
CCA 20060060.
No.
07-0233/AR.
U.S. v. Jason M.
MCMANUS.
CCA 20050856.
No.
07-0234/NA.
U.S. v. Roniel G.
CERVANTES.
CCA 200400242.
No.
07-0235/NA.
U.S. v. Jemichael R.
JACOBS.
CCA 200601017.
No.
07-0236/MC.
U.S. v. Craig H.
EMBRY.
CCA 200600572.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS