UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-246

Friday, September 28, 2007

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 07-0473/NA.  U.S. v. Brian S. WARD.  CCA 200600722.

No. 07-0549/MC.  U.S. v. Herbert VELEZ, Jr.  CCA 200600399.

 

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

 

No. 07-0538/NA.  U.S. v. Bonnie J. ARCHIBALD.  CCA 200500147.  On consideration of Appellant’s motion to withdraw the petition for grant of review, it is ordered that said motion is granted.

 

No. 07-0657/MC.  U.S. v. Felix R. RIVERA.  CCA 200600553.  On consideration of Appellant’s motion to withdraw the petition for grant of review, it is ordered that said motion is granted.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 07-0899/AF.  U.S. v. Jeffrey M. ROBLES.  CCA 36744.

No. 07-0900/MC.  U.S. v. Carlos J. RODRIGUEZ.  CCA 9900997.

 

INTERLOCUTORY ORDERS

 

No. 07-0173/AR.  U.S. v. Darnyell R. RHOADES.  CCA 20040109.  Appellant's motion to correct errata granted.

 

No. 07-0708/NA.  U.S. v. Michael D. BUSH.  CCA 200700177.  Appellant's motion out of time for a second extension of time to file the supplement to the petition for grant of review granted, up to and including October 1, 2007, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 07-0722/AR.  U.S. v. Andrew P. OBER.  CCA 20040081.  Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 9, 2007.

 

No. 07-0812/AR.  U.S. v. Emily M. HAMILTON.  CCA 20050738.  Appellant's motion to correct errata granted.

 

No. 07-0818/MC.  U.S. v. Nicholas W. RIGGS.  CCA 200600768.  Appellant's motion to submit corrected page granted.

 

No. 07-0822/NA.  U.S. v. Walter F. BOYED.  CCA 200601262.  Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 29, 2007.

 

No. 07-0826/AR.  U.S. v. Bennie B. GOGUE.  CCA 20050650.  Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 29, 2007.

 

 

2007 TERM OF COURT

 

In the Matter of the 2007 Term of Court, it is ordered that the following case, heard during the 2007 Term of Court, is hereby carried over from the 2007 Term of Court to the October 2007 – August 2008 Term of Court (Transition): United States v. Wilson, No. 06-0870/AR (hearing scheduled on  October 17, 2007).

 

 

RULES ADVISORY COMMITTEE MEMBERSHIP CHANGE

 

Pursuant to Rule 45 of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, the following persons, whose terms expire on September 30, 2007, are, this 28th day of September, 2007, hereby reappointed to the Rules Advisory Committee for terms expiring on September 30, 2010:

 

Professor Steven H. Goldblatt, Chair

Matthew S. Freedus, Esq.

 

The following members, whose terms expire on the dates indicated below, remain on the Rules Advisory Committee:

 

To expire on September 30, 2008:

 

Mary T. Hall, Esq.

Professor Mary M. Cheh

Professor Peter B. Rutledge

 

To expire on September 30, 2009:

 

Captain John W. Rolph, JAGC, U.S. Navy

Malcolm Squires, Jr., Esq.

John F. DePue, Esq.

 

Professor Jane Aiken is hereby appointed to replace Thomas F. Granahan, Esq., whose term expires on September 30, 2007.  Professor Aiken’s term will expire on September 30, 2010.

 

Lieutenant Commander Kristina B. Reeves, JAGC, U.S. Navy, is hereby appointed to replace Lieutenant Colonel Michele B. Shields, JA, U.S. Army, who resigned from the Committee due to reassignment.  Lieutenant Commander Reeves’ term will expire on September 30, 2010.

 

Major Matthew Ward, U.S. Air Force, is hereby appointed to the Committee for a term that will expire on September 30, 2010.

 

William A. DeCicco, Clerk of the Court, is an ex officio member of the Committee and serves as its Reporter.

 

The Court wishes to express its deepest appreciation to Thomas F. Granahan, Esq. and Lieutenant Colonel Michele B. Shields, JA, U.S. Army, for their outstanding service as members of the Rules Advisory Committee.

 

                                  For the Court,

 

                              /s/ William A. DeCicco

                                  Clerk of the Court

 

 

 

ANNOUNCEMENT

 

BY THE

 

CLERK OF THE COURT

 

OF THE

 

CUMULATIVE SUMMARY OF

 

COURT WORKLOAD STATISTICS

 

FOR THE OCTOBER 2007 TERM OF COURT

 

 

I.  CUMULATIVE PENDING OCTOBER 1, 2006

 

Master Docket . . . . . . . . . . . . . . . .     38

Petition Docket . . . . . . . . . . . . . . .    240

Miscellaneous Docket. . . . . . . . . . . . .      0

     TOTAL  . . . . . . . . . . . . . . . . .    278

 

II.         CUMULATIVE FILINGS

 

Master Docket . . . . . . . . . . . . . . . .    172

Petition Docket . . . . . . . . . . . . . . .    937

Miscellaneous Docket. . . . . . . . . . . . .     23

     TOTAL  . . . . . . . . . . . . . . . . .  1,132

 

III.    CUMULATIVE TERMINATIONS

 

Master Docket . . . . . . . . . . . . . . . .    157

Petition Docket . . . . . . . . . . . . . . .    911

Miscellaneous Docket. . . . . . . . . . . . .     20

     TOTAL  . . . . . . . . . . . . . . . . .  1,088

 

IV.         CUMULATIVE PENDING OCTOBER 1, 2007

 

Master Docket . . . . . . . . . . . . . . . .     53

Petition Docket . . . . . . . . . . . . . . .    266

Miscellaneous Docket. . . . . . . . . . . . .      3

     TOTAL  . . . . . . . . . . . . . . . . .    322

 

 

V.              CASES ON MASTER DOCKET CARRIED OVER TO OCTOBER 2007 – AUGUST 2008 TERM OF COURT (TRANSITION)  (53)

 

AWAITING ORAL ARGUMENT OR FINAL DISPOSITION (31)

 

                   06-0768/NA  -  OTHURU

                   06-0833/AF  -  FREEMAN

                   06-0870/AR  -  WILSON

                   06-0906/AF  -  CHRISTIAN

                   06-0932/NA  -  GAINOUS

                   06-0934/NA  -  STEVENSON

                   07-0028/MC  -  MARTINEZ

                   07-0053/NA  -  FELLS

                   07-0079/AR  -  PARRISH

                   07-0085/MC  -  PACK

                   07-0096/AR  -  MEDINA

                   07-0105/NA  -  FALCON

                   07-0114/AR  -  REED

                   07-0135/MC  -  HARCROW

                   07-0148/AR  -  DONNELLY

                   07-0173/AR  -  RHOADES

                   07-0188/AF  -  CUSTIS

                   07-0194/AF  -  WALLACE

                   07-0199/AR  -  NAVRESTAD

                   07-0225/MC  -  MITCHELL

                   07-0229/NA  -  TOWNSEND

                   07-0263/AF  -  LARSON

                   07-0286/AR  -  BROWN

                   07-0316/NA  -  TOY

                   07-0363/NA  -  FRANK

                   07-0386/CG  -  HUNTER

                   07-0397/AF  -  CUCUZZELLA

                   07-0407/AR  -  GLENN

                   07-0412/AR  -  WRIGHT

                   07-0553/NA  -  BOLSINS

                   07-5003/AF  -  WEBB

 

AWAITING BRIEFS (22)

 

                   05-0159/AR  -  WILCOX

                   06-0908/NA  -  ALLENDE

                   07-0221/MC  -  REYNOSO

                   07-0247/AF  -  HART

                   07-0269/AR  -  BRIGHT

                   07-0322/CG  -  UPHAM

                   07-0350/CG  -  HOLBROOK

                   07-0384/MC  -  HALL

                   07-0436/MC  -  MIERGRIMADO

                   07-0495/MC  -  NIETO

                   07-0508/MC  -  HARRIS

                   07-0519/AR  -  AGUILAR

                   07-0527/MC  -  GALLAGHER

                   07-0544/AR  -  McILWAIN

                   07-0555/AR  -  ORTIZ

                   07-0575/MC  -  GREATTING

                   07-0597/AF  -  SCOTT

                   07-0612/AR  -  DACUS

                   07-0639/MC  -  BROOKS

                   07-0685/AF  -  RODRIGUEZ

                   07-0690/AF  -  DAY

                   07-5004/AF  -  MILLER



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-245

Thursday, September 27, 2007


PETITIONS FOR GRANT OF REVIEW FILED

 

No. 06-0001/AR.  U.S. v. David L. ECKARD.  CCA 20010870.*

No. 07-0898/NA.  U.S. v. Justin R. SEIFERT.  CCA 200602328.

 

SPECIAL DOCKET MATTERS

 

No. 07-11.  In the Matter of Franklin FEIGENBAUM.  It appearing that the above-named attorney is a member of the Bar of this Court, that he resigned from the State Bar of California with charges pending, that he was suspended by the District of Columbia Court of Appeals, that, pursuant to Rule 15(b), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, said attorney was suspended from the practice of law before the Court and was directed to show cause by August 20, 2007, why he should not be disbarred, that copies of the Court’s Order were sent by certified mail to his last known address as provided by the State Bar of California and the District of Columbia Court of Appeals, and considering the serious nature of his misconduct, it is ordered that Franklin Feigenbaum is hereby suspended indefinitely from the practice of law before this Court effective this date.

 

No. 07-15.  In the Matter of Robert P. HILSON.  It appearing that the above-named attorney is a member of the Bar of this Court, that he was indefinitely suspended from the practice of law in the Commonwealth of Massachusetts, and suspended from the practice of law in the District of Columbia, that, pursuant to Rule 15(b), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, said attorney was suspended from the practice of law before the Court and was directed to show cause why he should not be disbarred, that considering the matters submitted by said attorney in response, and considering the serious nature of his misconduct, it is ordered that Robert P. Hilson is hereby suspended indefinitely from the practice of law before this Court effective this date.

 

No. 07-16.  In the Matter of Michael J. CLAYBORNE.  It appearing that the above-named attorney is a member of the Bar of this Court, that he was disbarred in the State of Texas, that, pursuant to Rule 15(b), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, said attorney was suspended from the practice of law before the Court and directed to show cause by August 20, 2007, why he should not be disbarred, that a copy of the Court’s Order was sent by certified mail to his last known address as provided by the State Bar of Texas, that said certified mail was returned marked “unknown” addressee, and considering the serious nature of his misconduct, it is ordered that Michael J. Clayborne is hereby disbarred from the practice of law before this Court effective this date.

 

No. 07-18.  In the Matter of Patrick E. BAILEY.  It appearing that the above-named attorney is a member of the Bar of this Court, that he was suspended from the practice of law for three years in the Commonwealth of Virginia, that, pursuant to Rule 15(b), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, said attorney was suspended from the practice of law before the Court and was directed to show cause why he should not be disbarred, and considering said attorney’s request to be heard before the Court and the matters submitted by said attorney in response, and considering all of the circumstances in the case, it is ordered that Patrick E. Bailey’s request for a hearing before the Court is denied; and that Patrick E. Bailey is hereby suspended indefinitely from the practice of law before this Court effective this date. 

 

No. 07-20.  In the Matter of Robert A. KIERNAN.  It appearing that the above-named attorney is a member of the Bar of this Court, that he resigned from the State Bar of California with charges for misconduct pending, that, pursuant to Rule 15(c), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, said attorney was directed to show cause by August 20, 2007, why disciplinary action should not be taken, that a copy of Court’s Order was sent by certified mail to his last known address as provided by the State Bar of California, that said registered mail was returned marked “unknown” addressee, and considering the serious nature of his misconduct, it is ordered that Robert A. Kiernan is hereby disbarred from the practice of law before this Court effective this date.

 

No. 07-22.  In the Matter of Keith A. MANSON.  It appearing that the above-named attorney is a member of the Bar of this Court, that he was suspended in 1997 from the practice of law for six months by the Supreme Court of Indiana, that, pursuant to Rule 15(b), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, said attorney was suspended from the practice of law before the Court and was directed to show cause by August 20, 2007, why he should not be disbarred, that he has submitted information that he currently is in good standing with the Supreme Court of Indiana, and considering the serious nature of his misconduct and his conviction by general court-martial, it is ordered that Keith A. Manson is hereby suspended indefinitely from the practice of law before this Court effective this date.

 

No. 07-24.  In the Matter of Marvin W. SHUMATE.  It appearing that the above-named attorney is a member of the Bar of this Court, that he was disbarred in the state of Indiana, that, pursuant to Rule 15(b), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, said attorney was suspended from the practice of law before the Court and was directed to show cause by August 20, 2007, why he should not be disbarred, that a copy of the Court’s Order was sent by certified mail to his last known address as provided by the State Bar of Indiana, that said letter was returned marked “unknown” addressee, and considering the serious nature of his misconduct, it is ordered that Marvin W. Shumate is hereby disbarred from the practice of law before this Court effective this date.

 

No. 07-25.  In the Matter of Jeffrey C. ZANDER.  It appearing that the above-named person gained admission to the Bar of this Court through fraud, that an Order of the Court was sent to him by certified mail and was received on July 27, 2007, giving him until August 20, 2007, to show cause why his admission to the Bar of this Court should not be revoked nunc pro tunc, and that no matters have been received from him, it is ordered that the admission of Jeffrey C. Zander to the Bar of this Court is hereby revoked nunc pro tunc.

 

No. 07-28.  In the Matter of Stephen VIEIRA.  It appearing that the above-named attorney is a member of the Bar of this Court, that his license to practice law in the Commonwealth of Virginia was revoked, that, pursuant to Rule 15(b), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, said attorney was suspended from the practice of law before the Court and was directed to show cause by August 31, 2007, why he should not be disbarred, that a copy of the Court’s Order was sent by certified mail to his last known address, that said certified mail was returned marked “unknown” addressee, and considering the serious nature of his misconduct, it is ordered that Stephen Vieira is hereby disbarred from the practice of law before this Court effective this date.

____________________

 

* Second petition filed in this case.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-244

Wednesday, September 26, 2007

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 07-0604/AR.  U.S. v. Micah E. MITCHELL.  CCA 20060493.

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

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

No. 07-0688/AR.  U.S. v. Jason A. FIX.  CCA 20060966.

No. 07-0703/AR.  U.S. v. Joseph M. DOBRAVA.  CCA 20040017.

No. 07-0739/AF.  U.S. v. Christopher L. JARVIS.  CCA 36502.

No. 07-0758/AR.  U.S. v. Jeffrey M. MITCHELL.  CCA 20061088.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 05-0647/NA.  U.S. v. Brendan C. FORNEY.  CCA 200200462.*

No. 07-0896/AR.  U.S. v. Dennis R. CHAPPELL.  CCA 20070199.

No. 07-0897/AR.  U.S. v. Brittany E. TUCKER.  CCA 20060401.

 

INTERLOCUTORY ORDERS

 

No. 07-0473/NA.  U.S. v. Brian S. WARD.  CCA 200600722.  On consideration of Appellant’s motion to attach filed June 29, 2007, said motion is hereby granted as it pertains to the affidavit from Appellant; the letter from Appellant’s wife; and the summary of forms documenting his exhaustion of administrative remedies at the USDB, Fort Leavenworth to established contact with his children.  Said motion is denied as it pertains to the letter from his children.

____________________________

 

* Second petition filed in this case.

 


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-243

Tuesday, September 25, 2007

 
ORDERS GRANTING PETITION FOR REVIEW

 

No. 07-0544/AR.  U.S. v. Kevin L. McILWAIN.  CCA 20040095.  Review granted on the following issue:

 

WHETHER THE MILITARY JUDGE, IN A TRIAL BEFORE A COURT-MARTIAL PANEL ERRED IN DENYING A MOTION FOR RECUSAL AFTER STATING THAT WHILE SHE BELIEVED SHE COULD REMAIN IMPARTIAL IN A TRIAL BY MEMBERS, SHE WOULD RECUSE HERSELF IF SHE WERE THE TRIER OF FACT.  Compare, e.g., Parenteau v. Jacobson, 586 N.E.2d 15, 18 (Mass.  App. Ct. 1993) with Walberg v. Israel, 766 F.2d 1071, 1076 (7th Cir. 1985).

 

Briefs will be filed under Rule 25.

 

No. 07-0639/MC.  U.S. v. David M. BROOKS.  CCA 200501266.  Review granted on the following issue:

 

WHETHER APPELLANT'S SIXTH AMENDMENT RIGHT TO COUNSEL HAS BEEN VIOLATED WHERE, WHILE IN CONFINEMENT, BRIG PERSONNEL MONITORED HIS PHONE CONVERSATIONS WITH APPELLATE DEFENSE COUNSEL AND SEIZED HIS PRIVILEGED CORRESPONDENCE.

 

Briefs will be filed under Rule 25.

 

No. 07-0685/AF.  U.S. v. Michael RODRIGUEZ.  CCA 36455.  Review granted on the following issue:

 

SINCE TWO OF THREE ALLEGED USES OF MARIJUANA WERE BASED ON UNCORROBORATED CONFESSIONS AND APPELLANT'S CONVICTION FOR USING MARIJUANA ON DIVERS OCCASIONS WAS ACCORDINGLY TRANSFORMED INTO A SINGLE USE CONVICTION BY THE AFCCA, WHETHER UNITED STATES v. SEIDER AND UNITED STATES v. WALTERS PROHIBIT AFFIRMING EVEN A SINGLE USE OF MARIJUANA BECAUSE THE MEMBERS COULD HAVE BASED THEIR "ON DIVERS OCCASIONS" CONVICTION ON THE TWO UNCORROBORATED CONFESSIONS AND FOUND APPELLANT NOT GUILTY OF THE ALLEGED USE NOW USED BY THE AFCCA TO AFFIRM THE SPECIFICATION.

 

Briefs will be filed under Rule 25.

 

No. 07-0690/AF.  U.S. v. Rodger J. DAY.  CCA 36423.  Review granted on the following issue:

 

WHETHER THE EVIDENCE IS LEGALLY INSUFFICIENT TO SUSTAIN APPELLANT'S CONVICTION OF CHARGE I AND ITS SPECIFICATION, FALSE OFFICIAL STATEMENT, ARTICLE 107, UCMJ, WHERE THE STATEMENTS WERE NOT "OFFICIAL" STATEMENTS.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 07-0443/AF.  U.S. v. Daryl L. KNOX, Jr.  CCA 36477.

No. 07-0479/MC.  U.S. v. Tony K. GUERRERO.  CCA 200602238.

No. 07-0489/AF.  U.S. v. Joshua S. BURNETTE.  CCA 36377.

No. 07-0568/AR.  U.S. v. Gideon N. DANESHRAD.  CCA 20050457.

No. 07-0610/NA.  U.S. v. Alvin L. CLEMENS.  CCA 200501576.

No. 07-0678/AR.  U.S. v. Adam E. KAPLAN.  CCA 20050531.

No. 07-0687/AR.  U.S. v. Simetric A. THOMAS.  CCA 20051200.

No. 07-0728/AR.  U.S. v. Terry A. STEHLAR.  CCA 20050823.

No. 07-0747/AR.  U.S. v. DeVaughn F. SIMPSON.  CCA 20060158.

No. 07-0748/AR.  U.S. v. Edward P. ROBLES.  CCA 20061141.

No. 07-0770/AR.  U.S. v. Joshua J. WEBB.  CCA 20061246.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 07-0895/AR.  U.S. v. Nikolas Y. WYBACZYNSKY.  CCA 20041030.

 

INTERLOCUTORY ORDERS

 

No. 07-0385/NA.  U.S. v. Kenneth E. HARRIS.  CCA 200401897.  On consideration of Appellant’s motion to attach documents from the record to Appellant’s supplement to the petition for grant of review and motion to compel documents to support Appellant’s supplement to the petition for grant of review, it is, ordered that Appellant’s motion to attach documents is granted, and Appellant’s motion to compel documents is granted.  Appellee will file these documents with the Court under seal, along with any proposed protective order that Appellee considers appropriate for the Court to consider prior to releasing these documents to Appellant.

 

No. 07-0436/MC.  U.S. v. Jose C. MIERGRIMADO.  CCA 200501128.  Appellant's motion to extend time to file brief granted, up to and including October 2, 2007, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 07-0786/MC.  U.S. v. Mitchell J. LARAMORE.  CCA 200601023.  Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including October 12, 2007, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 07-0812/AR.  U.S. v. Emily M. HAMILTON.  CCA 20050738.  Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 24, 2007.

 

No. 07-8022/AR.  G. Jerome HURLEY, Appellant v. Lieutenant Colonel John M. HEAD, Military Judge and United States, Appellees.  CCA 2007-0865.  Motion of Appellees to file a corrected pleading granted.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 07-242

Monday, September 24, 2007

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 06-0908/NA.  U.S. v. Gilbert T. ALLENDE.  CCA 200001872.  Review granted on the following issues:

 

WHETHER THE LOWER COURT PROPERLY EVALUATED PREJUDICE AFTER IT FOUND THAT THE TRIAL COUNSEL ERRONEOUSLY AUTHENTICATED THE RECORD.

 

WHETHER THE LOWER COURT ERRED IN FINDING NO DUE PROCESS VIOLATION WHERE 2,484 DAYS ELAPSED BETWEEN THE ADJOURNMENT OF APPELLANT'S TRIAL AND COMPLETION OF ARTICLE 66, UCMJ, REVIEW, INCLUDING 734 DAYS IN PANEL.

 

Briefs will be filed under Rule 25.

 

No. 07-0527/MC.  U.S. v. Joey M. GALLAGHER.  CCA 200400151.  Review granted on the following issues:

 

WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE SEARCH OF APPELLANT'S CLOSED BRIEFCASE, LOCATED IN THE GARAGE OF APPELLANT'S HOME, DID NOT EXCEED THE SCOPE OF HIS WIFE'S CONSENT TO SEARCH THE AREAS OF THE HOME OVER WHICH SHE HAD ACTUAL OR APPARENT AUTHORITY.

 

WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY HOLDING THAT THE EVIDENCE OF THE CONTENT OF APPELLANT'S COMPUTER HARDDRIVE WAS PROPERLY ADMITTED AND WAS NOT THE PRODUCT OF AN UNLAWFUL SEARCH.

 

Briefs will be filed under Rule 25.

 

No. 07-0575/MC.  U.S. v. Christopher A. GREATTING.  CCA 200401945.  Review granted on the following issues:

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY FAILING TO RECUSE HIMSELF AFTER HE PRESIDED OVER FOUR COMPANION CASES AND WHEN HE PROVIDED SENTENCING ADVICE TO THE STAFF JUDGE ADVOCATE REGARDING THE FACTS ASSOCIATED WITH APPELLANT'S COURT-MARTIAL.

 

WHETHER THE LOWER COURT ERRED BY FAILING TO DISAPPROVE THE BAD-CONDUCT DISCHARGE WHEN SUCH RELIEF MIGHT HAVE REMEDIED THE VIOLATION OF APPELLANT'S RIGHT TO SPEEDY POST-TRIAL PROCESSING.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 07-0101/NA.  U.S. v. Robert W. SAPP.  CCA 200301597.*

No. 07-0280/AF.  U.S. v. Matthew T. JAEGER.  CCA 36127.

No. 07-0700/AR.  U.S. v. Jay C. QUICKSALL.  CCA 20060179.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 07-0879/AR.  U.S. v. Julius L. RILEY, Jr.  CCA 20061190.

No. 07-0880/AR.  U.S. v. James E. POSTELL.  CCA 20060561.

No. 07-0881/AR.  U.S. v. Corrando A. CURTIS.  CCA 20061144.

No. 07-0882/AR.  U.S. v. Jesse L. BRANDON, Jr.  CCA 20051417.

No. 07-0883/AR.  U.S. v. Joshua T. HURLBURT.  CCA 20070315.

No. 07-0884/AR.  U.S. v. Mark S. GRISHAM.  CCA 20050032.