Daily Journal for June 2007

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-183

Friday, June 29, 2007

PETITIONS FOR GRANT OF REVIEW FILED

No. 07-0664/AF. U.S. v. Joshua M. SAHD. CCA 35056.

No. 07-0665/AF. U.S. v. Jeremiah D. SELTZER. CCA 36735.

No. 07-0666/AF. U.S. v. Renee C. VAUGHN. CCA 36531.

No. 07-0667/AF. U.S. v. John F. ALLEY III. CCA 36404.

No. 07-0668/AF. U.S. v. Rodney L. WHITE. CCA S31239.

No. 07-0669/AF. U.S. v. William F. NORTHCUT, Jr. CCA 36864.

INTERLOCUTORY ORDERS

No. 06-0870/AR. U.S. v. Alexander N. WILSON. CCA 20040227. Appellee's motion to extend time to file brief granted, up to and including July 25, 2007, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 06-0934/NA. U.S. v. Walter S. STEVENSON. CCA 200301272. Appellant's motion to extend time to file brief granted, but only up to and including July 16, 2007, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 07-0585/AR. U.S. v. Jonathan L. HENSLEY. CCA 20070022. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 27, 2007.

No. 07-0600/NA. U.S. v. Hawan T. CAMPBELL. CCA 200400093. Appellant's motion to extend time to the supplement to the petition for grant of review granted to July 30, 2007.

No. 07-0601/MC. U.S. v. Jason M. RYAN. CCA 200401577. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 30, 2007.

No. 07-0608/AR. U.S. v. Phoung H. QUACH. CCA 20060982. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 30, 2007.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-182

Thursday, June 28, 2007

ORDERS GRANTING PETITION FOR REVIEW

No. 07-0229/NA. U.S. v. Laprie D. TOWNSEND. CCA 200501197. Review granted on the following issue:

WHETHER THE MILITARY JUDGE ERRED WHEN HE DENIED APPELLANT'S CHALLENGE FOR CAUSE AGAINST LIEUTENANT

[B]

Briefs will be filed under Rule 25.

No. 07-0412/AR. U.S. v. Kerry T. WRIGHT II. CCA 20051233. Review granted on the following issue:

WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED IN FINDING APPELLANT'S PLEA OF GUILTY TO THE SPECIFICATION OF CHARGE I AND TO CHARGE I, FALSE OFFICIAL STATEMENT, PROVIDENT WHEN THE STATEMENT IN QUESTION WAS NOT, IN FACT, FALSE.

Briefs will be filed under Rule 25.

No. 07-0553/NA. U.S. v. Christopher A. BOLSINS. CCA 200602408.

Review granted on the following issue:

WHETHER THE ACTION OF THE COURT OF CRIMINAL APPEALS IN AFFIRMING A CLAUSE 2 (SERVICE DISCREDITING CONDUCT) OFFENSE UNDER ARTICLE 134, UCMJ, AFTER IT FOUND CHARGED CLAUSE 3 (CRIME AND OFFENSE NOT CAPITAL) OFFENSE TO BE IMPROVIDENT, ADDED AN ELEMENT TO THE OFFENSE IN CONTRAVENTION OF APPRENDI v. NEW JERSEY, 530 U.S. 466 (2000), JONES v. UNITED STATES, 526 U.S. 227 (1999),AND SCHMUCK v. UNITED STATES, 489 U.S. 705 (1989).

Briefs will be filed under Rule 25.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 07-0121/MC. U.S. v. David A. HERNANDEZ-ALVERADO. CCA 200600037.

No. 07-0306/NA. U.S. v. Eric D. ADAMS. CCA 200600992.

No. 07-0356/AR. U.S. v. Timothy M. LLOYD. CCA 20050871.

No. 07-0371/AR. U.S. v. Richard C. CORBIN, Jr. CCA 20050669.

No. 07-0390/MC. U.S. v. Antoine D. BOYKINS. CCA 200400986.

No. 07-0423/AF. U.S. v. Davon L. HARRIS. CCA S30392.

No. 07-0470/AR. U.S. v. Linda M. MUJICA. CCA 20060915.

No. 07-0478/CG. U.S. v. Keith R. SKIDMORE. CCA 1242.

No. 07-0481/AR. U.S. v. Francis J. DELGROSSO. CCA 20050891.

No. 07-0488/AF. U.S. v. Joseph A. CALARA. CCA S31149.

No. 07-0493/AF. U.S. v. Jason T. HAGAR. CCA 36804.

No. 07-0505/AF. U.S. v. Terry G. POLLARD. CCA 36760.

No. 07-0520/AR. U.S. v. David R. KELLY. CCA 20061004.

PETITIONS FOR NEW TRIAL DENIED

No. 07-0121/MC. U.S. v. David A. HERNANDEZ-ALVERADO. CCA 200600037.

PETITIONS FOR GRANT OF REVIEW FILED

No. 07-0658/MC. U.S. v. Jamu K. SANDERS. CCA 200400465.

No. 07-0659/AR. U.S. v. Warren D. ARMAN II. CCA 20060693.

No. 07-0660/AR. U.S. v. Rick M. JACOBSEN. CCA 20050013.

No. 07-0661/AR. U.S. v. John C. SILVA. CCA 20060138.

No. 07-0662/AR. U.S. v. Michael T. FAVATA. CCA 20061272.

No. 07-0663/AR. U.S. v. Abid A. MIRZA. CCA 20050946.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-181

Tuesday, June 26, 2007

APPEALS-SUMMARY DISPOSITIONS

No. 06-0907/AF. U.S. v. Steven M. CHAPMAN. CCA 35564. On consideration of the petition for grant of review of the decision of the United States 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. 06-0907/AF. U.S. v. Steven M. CHAPMAN. CCA 35564. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

No. 07-0407/AR. U.S. v. Michael D. GLENN. CCA 20051482. Review granted on the following issue:

WHETHER APPELLANT'S PLEAS TO ALL CHARGES AND SPECIFICATIONS ARE NOT PROVIDENT BECAUSE THE MILITARY JUDGE DID NOT EXPLAIN THE DEFENSE OF LACK OF MENTAL RESPONSIBILITY TO APPELLANT, DID NOT SATISFY HERSELF THAT COUNSEL HAD EVALUATED THE VIABILITY OF THE DEFENSE, AND DID NOT ELICIT FACTS FROM APPELLANT THAT NEGATED THE DEFENSE.

Briefs will be filed under Rule 25.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 07-0369/AR. U.S. v. David A. BROWNING. CCA 20031301.

PETITIONS FOR GRANT OF REVIEW FILED

No. 07-0657/MC. U.S. v. Felix R. RIVERA. CCA 200600553.

INTERLOCUTORY ORDERS

No. 07-0028/MC. U.S. v. Aaron A. MARTINEZ. CCA 200301483. Appellant's motion to extend time to file a brief is granted, up to and including July 20, 2007, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 07-0096/AR. U.S. v. Robert J. MEDINA. CCA 20040327. Appellant's second motion to extend time to file a brief granted, but only up to and including July 10, 2007, and no further extension of time will be granted in this case.

No. 07-0286/AR. U.S. v. Anthony BROWN. CCA 20020983. Appellant's motion to extend time to file brief granted, but only up to and including July 10, 2007, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 07-0371/AR. U.S. v. Richard C. CORBIN, Jr. CCA 20050669. Appellant's motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), granted.

No. 07-0383/NA. U.S. v. Trixie R. ROWE. CCA 200600046. Appellee's motion to submit an answer to Appellant’s supplement to the petition for grant of review out of time granted.

No. 07-0478/CG. U.S. v. Keith R. SKIDMORE. CCA 1242. Appellee's motion to dismiss the petition for grant of review and Appellant’s motion to stay proceedings are denied.

No. 07-0485/AR. U.S. v. George V. HENRY. CCA 20050303. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including July 5, 2007, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 07-0496/NA. U.S. v. Justin W. DEANS. CCA 200400791. 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 July 11, 2007, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 07-0510/NA. U.S. v. Shaun J. GORSKEY. CCA 200301580. 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 July 13, 2007, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 07-0526/NA. U.S. v. Myrl F. PACKER. CCA 200600231. Appellant's motion to attach granted.

No. 07-0559/AR. U.S. v. Keith E. PARKINSON. CCA 20050792. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 20, 2007.

No. 07-0567/MC. U.S. v. Alex A. KING. CCA 200500797. Appellant's motion out of time to extend time to file the supplement to the petition for grant of review granted to July 26, 2007.

No. 07-0574/AR. U.S. v. Thomas C. COBB. CCA 20031142. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 23, 2007.

No. 07-0576/AR. U.S. v. David P. BUSH. CCA 20041111. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 23, 2007.

No. 07-0584/AR. U.S. v. Reginald C. MURPHY. CCA 20031225. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 25, 2007.

No. 07-0587/AR. U.S. v. David P. WARREN. CCA 20041280.

Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 26, 2007.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-180

Monday, June 25, 2007

PETITIONS FOR GRANT OF REVIEW DENIED

No. 07-0330/AR. U.S. v. Genaro TREVINO. CCA 20040144.

No. 07-0448/AR. U.S. v. Matthew W. JAY. CCA 20051227.

No. 07-0461/AF. U.S. v. Marc E. JACKSON. CCA S30998.

No. 07-0502/NA. U.S. v. Jae H. PARK. CCA 200600514.

No. 07-0506/AF. U.S. v. Vincent U. KERLEY. CCA 36637.

PETITIONS FOR GRANT OF REVIEW FILED

No. 07-0651/AR. U.S. v. Brian L. WHISMAN. CCA 20060877.

No. 07-0652/AR. U.S. v. Richard B. MAYO, Jr. CCA 20061347.

No. 07-0653/AF. U.S. v. Andrew J. BLAHO. CCA 36781.

No. 07-0654/AF. U.S. v. Thurstan L. FREEMAN. CCA 36836.

No. 07-0655/AF. U.S. v. Jody R. LOVEJOY. CCA S31088.

No. 07-0656/AF. U.S. v. Jason L. SMIDL. CCA 36813.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-179

Friday, June 22, 2007

PETITIONS FOR GRANT OF REVIEW DENIED

No. 07-0313/AF. U.S. v. Anthony J. SMITH. CCA 36534.

No. 07-0434/AF. U.S. v. Robert A. ROBLES. CCA S31069.

No. 07-0438/AR. U.S. v. Dat Vu T. HA. CCA 20050543.

No. 07-0459/AF. U.S. v. Kimberly K. HALEY. CCA 36308.

No. 07-0606/AR. U.S. v. Michael A. CONNARD. CCA 20060946.

PETITIONS FOR GRANT OF REVIEW FILED

No. 07-0648/AF. U.S. v. Christopher A. HOTCHKIN. CCA 36625.

No. 07-0649/AF. U.S. v. Mark S. DENEGRE. CCA 36031.

No. 07-0650/AR. U.S. v. Tony M. LAMB. CCA 20060907.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-178

Thursday, June 21, 2007

PETITIONS FOR GRANT OF REVIEW DENIED

No. 07-0285/AR. U.S. v. James A. VIGE, Jr. CCA 20051063.

No. 07-0329/AR. U.S. v. Jeremy L. BRISCOE. CCA 20060488.

No. 07-0345/AR. U.S. v. Darien J. GREENWOOD. CCA 20060353.

No. 07-0357/AR. U.S. v. Jason I. FINFROCK. CCA 20051034.

No. 07-0375/AF. U.S. v. Nathan W. THOMPSON. CCA 36714.

No. 07-0409/AF. U.S. v. Nickolas L. BARRINGER. CCA S31138.

No. 07-0422/AF. U.S. v. Jerry M. HAMPTON. CCA 36530.

No. 07-0428/AR. U.S. v. Stephen A. BLAZOFSKY. CCA 20060126.

No. 07-0456/AR. U.S. v. Jeremy K. ROYSTER. CCA 20060840.

No. 07-0457/AF. U.S. v. Jared A. DOWELL. CCA 36426.

No. 07-0486/AR. U.S. v. Adam F. BREZNYAK. CCA 20060670.

No. 07-0487/AF. U.S. v. Kenneth A. MCNEIL. CCA 36795.

No. 07-0513/AF. U.S. v. Harold R. HAIR. CCA S31155.

No. 07-0533/AF. U.S. v. Michael D. SAUCEDA. CCA 36729.

PETITIONS FOR GRANT OF REVIEW FILED

No. 07-0643/AR. U.S. v. Carl B. WALKER. CCA 20060481.

No. 07-0644/AR. U.S. v. Benjamin BOGANY, Jr. CCA 20050387.

No. 07-0645/AR. U.S. v. Richard ZINGER. CCA 20061339.

No. 07-0646/AR. U.S. v. Kevin M. BENDERMAN. CCA 20050955.

No. 07-0647/AR. U.S. v. Robert D. MAYNARD. CCA 20060121.

MANDATES ISSUED

No. 06-0611/MC. U.S. v. Isaac D. ROBERSON. CCA 200301539.

No. 06-0657/AF. U.S. v. Paul H. SCHRODER. CCA 35855.

ORDER IN RE TERM OF COURT

It is by the Court, this 21st day of June 2007,

ORDERED:

That the Term of Court policy, 27 M.J. 412 (C.M.A. 1988), will apply as follows with respect to the current term of Court and succeeding terms:

(a) the current Term of Court will end on September 30, 2007;

(b) the Term of Court beginning on October 1, 2007, will end on August 31, 2008, and will be designated as the

“October 2007- August 2008 Term of Court (Transition)”; and

beginning on September 1 of each year and ending on August 31 of the following calendar year, and will be

designated as the September Term of Court of the year in which the term begins.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-177

Wednesday, June 20, 2007

APPEALS - SUMMARY DISPOSITIONS

No. 07-0106/NA. U.S. v. Alvin M. CUNNINGHAM. CCA 200500795.

On further consideration of the granted issue, 64 M.J. 401 (C.A.A.F.), and in view of this Court’s decision in United States v. Rankin, 64 M.J. 348 (C.A.A.F.) 2007), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

ORDERS GRANTING PETITION FOR REVIEW

No. 06-0833/AF. U.S. v. John S. FREEMAN. CCA 35822. Review granted on the following issues:

WHETHER THE MILITARY JUDGE ERRED IN FAILING TO SUPPRESS APPELLANT'S CONFESSION WHERE THE CONFESSION WAS NOT FREELY AND VOLUNTARILY GIVEN.

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY DENYING THE DEFENSE REQUEST FOR THE APPOINTMENT OF A

FORENSICALLY-QUALIFIED EXPERT CONSULTANT.

WHETHER THE MILITARY JUDGE ERRED BY ADMITTING EVIDENCE OF UNCHARGED MISCONDUCT AND BAD CHARACTER IN VIOLATION OF MILITARY RULE OF EVIDENCE 404(b).

Briefs will be filed under Rule 25.

No. 07-0397/AF. U.S. v. Steven M. CUCUZZELLA. CCA 36280. Review granted on the following issue:

WHETHER THE MILITARY JUDGE ERRED IN ADMISSION OF RC'S STATEMENTS TO THE REGISTERED NURSE AND SOCIAL WORKER AS MEDICAL EXCEPTIONS TO HEARSAY.

Briefs will be filed under Rule 25.

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 07-0541/CG.