DAILY
JOURNAL
No.
08-080
Thursday,
January 31, 2008
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0022/AF. U.S.
v. Sharyar A. REHEEM. CCA 36447.
No.
08-0060/AR. U.S.
v. Alexander K. SUMOWULU. CCA 20061241.
No.
08-0107/AR. U.S.
v. Aaron B. DUNN. CCA 20070510.
No.
08-0132/AF. U.S.
v. Joshua K. BORTH. CCA S31234.
No.
08-0151/AF. U.S.
v. Onybert PAGAN-IRIZARRY. CCA S31140.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-6002/AR.
U.S. v. Ivan AGUILAR.
CCA 20071149.
MISCELLANEOUS DOCKET – FILINGS
No.
08-8007/AR.
U.S. v. Matthew R.
LIS.
CCA 20071344. Notice
is hereby given that a writ-appeal
petition for review of the United States Army Court of Criminal Appeals
decision
on application for extraordinary relief was filed under Rule 27(b) on
this date.
INTERLOCUTORY
ORDERS
No.
08-0139/AF.
U.S. v. Welsey A.
NICHOLLS III.
CCA S31260. Appellant's
motion to file the supplement to
the petition for grant of review out of time granted.
MANDATES ISSUED
No.
07-0105/NA.
U.S.
v. Esteban FALCON. CCA 200401483.
No.
07-0173/AR. U.S.
v. Darnyell R. RHOADES. CCA
20040109.
DAILY
JOURNAL
No.
08-079
Wednesday,
January 30, 2008
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0574/AR.
U.S. v. Thomas C.
COBB.
CCA 20031142.
No.
07-0832/AR.
U.S. v. Printess D.
CALLAWAY.
CCA 20050268.
No.
07-0833/AR.
U.S. v. Timothy M.
BAYLISS, Jr.
CCA 20040943.
No.
07-0847/MC.
U.S. v. Daniel R.
SULLIVAN.
CCA 200602356.
No.
07-0895/AR.
U.S. v. Nikolas Y.
WYBACZYNSKY.
CCA 20041030.
No.
08-0030/AR.
U.S. v. Mark B.
TORRES.
CCA 20050470.
No.
08-0070/AF.
U.S. v. Glen P.
JOHNSON.
CCA 36631.
No.
08-0093/MC.
U.S. v. Daniel L.
SEXTON, Jr.
CCA 200700562.
No.
08-0100/MC.
U.S. v. Sean D.
HABIAN.
CCA 200600753.
No.
08-0147/AR.
U.S. v. David S.
RONEY.
CCA 20061015.
No.
08-0157/AF.
U.S. v. Trevor C.
MOSIER.
CCA S31327.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0318/AR.
U.S. v. Branden D.
HEITKAMP.
CCA 20060998.
No.
08-0319/AR.
U.S. v. Dwight A.
HINES.
CCA 20070156.
INTERLOCUTORY ORDERS
No.
07-0725/MC.
U.S. v. Jonathan E.
LEE.
CCA 200600543. Appellant's
motion for leave to file documents
granted.
DAILY
JOURNAL
No.
08-078
Tuesday,
January 29, 2008
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0636/AR. U.S. v. David P.
BARTLETT, Jr.
CCA 20021244.
Review granted on the following issue:
WHETHER
THE SECRETARY OF THE ARMY'S DECISION TO EXEMPT FROM COURT-MARTIAL
SERVICE
OFFICERS OF THE SPECIAL BRANCHES NAMED IN AR 27-10 CONTRADICTS ARTICLE
25(d)(2), UCMJ, WHICH REQUIRES A CONVENING AUTHORITY TO SELECT
COURT-MARTIAL
MEMBERS BASED UPON AGE, EDUCATION, TRAINING, EXPERIENCE, LENGTH OF
SERVICE, AND
JUDICIAL TEMPERAMENT.
Briefs
will be filed under Rule 25.
No. 07-0795/AF. U.S. v. Jeffrey
R. RUTHERFORD.
CCA 36651.
Review granted on the following issue:
WHETHER
THE MILITARY JUDGE ERRED BY ADMITTING EVIDENCE AT TRIAL THAT WAS
OBTAINED AS A
DIRECT RESULT OF AN ILLEGAL SEARCH OF APPELLANT'S GOVERNMENT ISSUED
LAPTOP COMPUTER.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0354/AR. U.S.
v. Edgar D. JONES. CCA 20010856.
No.
07-0550/NA. U.S.
v. Lateasha MOORE. CCA
200501142.
No.
07-0879/AR.
U.S. v. Julius L.
RILEY, Jr.
CCA 20061190.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0314/AR.
U.S. v. Eric P. JONES.
CCA 20051396.
No.
08-0315/NA.
U.S. v. Brandon C. VALLEY.
CCA 200700736.
No.
08-0316/NA.
U.S. v. Robert L.
CAMPI.
CCA 200700563.
No.
08-0317/NA.
U.S. v. Joel R.
SENGER.
CCA 200700003.
INTERLOCUTORY ORDERS
No.
07-0639/MC.
U.S. v. David M.
BROOKS.
CCA 200501266. Appellee's motion to attach
command investigation on behalf of Appellee granted.
No.
08-0223/AR.
U.S. v. Mario
CASTANEDA, Jr.
CCA 20041210. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to February 25,
2008.
No.
08-0225/AR.
U.S. v. Eduardo
LIRIANO.
CCA 20061018. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to February 27,
2008.
No.
08-0226/AR.
U.S. v. Friday O.
AYENI.
CCA 20030328. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to February 27,
2008.
No.
08-0228/AR.
U.S. v. Joseph E.
PREBLE.
CCA 20070291. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to February 27,
2008.
No.
08-0230/AR.
U.S. v. Tanssen G.
HANFORD.
CCA 20041292. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to February 27,
2008.
DAILY
JOURNAL
No. 08-077
Monday,
January 28, 2008
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0303/AR.
U.S. v. Reed W. HOLWAY.
CCA 20070611.
No.
08-0304/AR.
U.S. v. Heath A.
YOUNG.
CCA 20061354.
No.
08-0305/NA.
U.S. v. Lawrence V. HOLLIDAY, Jr.
CCA 200700105.
No.
08-0306/AF.
U.S. v. Gregory A.
SEVIER.
CCA S31225.
No.
08-0307/AF.
U.S. v. Christopher
R. MILLER.
CCA 36829.
No.
08-0308/AF.
U.S. v. Steve B.
BRADY.
CCA 35937.
No.
08-0309/AF.
U.S. v. James M.
GILLIAM.
CCA S31293.
No.
08-0310/AF.
U.S. v. George C.
KING.
CCA 36614.
No.
08-0311/AF.
U.S. v. James V.
JEFFRIES.
CCA 36999.
No.
08-0312/AF.
U.S. v. Gregory M.
SOTO.
CCA S31283.
No.
08-0313/AF.
U.S. v. Andrew S.
TALLEY.
CCA 36491.
INTERLOCUTORY ORDERS
No. 07-0870/AF. U.S. v. Charles S.
ROACH.
CCA S31143. On consideration
of Appellee’s Motion to Disqualify,
we note that Appellant is represented by appellate defense counsel
qualified
under Article 27(b)(1), Uniform Code of Military Justice (UCMJ), 10
U.S.C. §
827(b)(1). See
Article 70(a), UCMJ, 10 U.S.C. § 870(a).
Nothing in Article 70, UCMJ, 10 U.S.C. § 870, limits the
discretion of
the Judge Advocate General of the Air Force to offer Appellant the
additional
services of a civilian appellate defense counsel at government expense. Accordingly, it is ordered that Appellee’s
Motion to Disqualify is
denied.
No.
07-0870/AF.
U.S. v. Charles S.
ROACH.
CCA S31143. On consideration
of the motions and answers filed in
this case, it is ordered:
That Appellant’s
Motion to Summarily Grant, Vacate,
and Remand, filed on September 18, 2007, denied;
That Appellant’s
Motion to Attach Documents in
Support of Appellant’s Motion to Summarily Grant, Vacate, and Remand,
filed on
September 18, 2007, denied;
That Appellant’s
Motion to Attach Documents in
Support of Appellant’s Opposition to Government’s Motion to Disqualify,
filed
on October 24, 2007, granted;
That Appellant’s
Motion to Attach Substituted
Document in Support of Appellant’s Opposition to Government’s Motion to
Disqualify, filed on October 26, 2007, granted;
That Appellant’s
Second Motion to Attach Substituted
Document in Support of Appellant’s Opposition to Government’s Motion to
Disqualify, filed on November 2, 2007, granted;
That Appellant’s
Motion to Attach Documents in
Support of Appellant’s Reply to the Government’s Answer to the
Supplement to
the Petition for Grant of Review, filed on November 20, 2007, is
granted as to
Tabs A and B, but is denied as to Tab C;
That Appellant’s
Motion to Attach Certificate of
Compliance to Appellant’s Reply to the Government’s Answer to the
Supplement to
the Petition for Grant of Review, filed on November 26, 2007, granted;
That considering
Appellant’s Motion to Strike
Certificate of Service in Government’s Opposition to Appellant’s Motion
to
Attach Certificate of Compliance to Appellant’s Reply to the
Government’s
Answer to the Supplement to the Petition for Grant of Review, filed on
December
5, 2007, and the Government’s Opposition to said motion, filed on
December 10,
2007, the Government’s Opposition will be treated as a motion to
correct the
certificate of service, and that motion is granted; the Appellant’s
Motion to
Strike is therefore denied as moot;
That Appellant’s
Motion to Attach Document in
Support of Appellant’s Motion to Strike Certificate of Service in
Government’s
Opposition to Appellant’s Motion to Attach Certificate of Compliance to
Appellant’s Reply to the Government’s Answer to the Supplement to the
Petition
for Grant of Review, also filed on December 5, 2007, denied;
That Appellant’s
Second Motion to Attach Document in
Support of Appellant’s Reply to the Government’s Answer to the
Supplement to
the Petition for Grant of Review, filed on December 10, 2007, denied;
That Appellant’s
Motion to Raise Issue Pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and Appellant’s
Motion to
Attach Documents in Support of Appellant’s Motion to Raise Issue
Pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), both filed on
December 21,
2007, are granted.
No.
07-0811/NA.
U.S. v. Jason T.
ROTEN.
CCA 200700110. Appellant's
motion to withdraw petition for
grant of review denied without prejudice to Appellant’s right to file a
motion
in compliance with Rule 30(a). Cf
R.C.M. 1110.
No.
07-0889/AF.
U.S. v. Donald E.
BAKER.
CCA 36732. Appellant's
motion to submit supplement out of
time granted.
ORDERS GRANTING PETITION FOR REVIEW
No.
07-0870/AF.
U.S. v. Charles S.
ROACH.
CCA S31143.
Review granted on
the following issues:
WHETHER
THE LOWER COURT ERRED BY DECIDING APPELLANT'S CASE IN THE ABSENCE OF A
SUBSTANTIVE SUBMISSION ON APPELLANT'S BEHALF DESPITE THIS COURT'S CASE
LAW HOLDING
THAT IT IS "ERROR" FOR A COURT OF CRIMINAL APPEALS TO DECIDE A
"CASE WITHOUT ASSISTANCE OF COUNSEL" FOR AN APPELLANT. United States v. May,
47 M.J. 478, 482 (C.A.A.F. 1998).
WHETHER
THE LOWER COURT ERRED BY HOLDING: (1) THAT IT WAS NOT OBJECTIVELY
UNREASONABLE
FOR THE APPELLATE DEFENSE COUNSEL TO FAIL
TO FILE A BRIEF ON APPELLANT'S BEHALF DURING THE 182 DAYS BETWEEN THE
EXPIRATION OF APPELLANT'S BRIEFING DEADLINE AND THE LOWER COURT'S
DECISION IN
APPELLANT'S CASE; AND (2) THAT APPELLANT DEMONSTRATED NO PREJUDICE,
DESPITE
THIS COURT'S CASE LAW HOLDING THAT WHERE APPELLATE COUNSEL "DO
NOTHING" ON AN APPELLANT'S BEHALF, THE "APPELLANT HAS BEEN EFFECTIVELY
DEPRIVED OF COUNSEL, AND PREJUDICE IS PRESUMED." United States v. May,
47 M.J. 478, 482 (C.A.A.F. 1998).
Briefs
will be filed under Rule 25.
DAILY
JOURNAL
No.
08-076
Friday,
January 25, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0567/MC. U.S. v. Alex A.
KING.
CCA 200500797.
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 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. 07-0567/MC. U.S. v. Alex A.
KING.
CCA 200500797. [See also APPEALS – SUMMARY
DISPOSITION this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0124/AR.
U.S. v. Marcus M.
DAVILA.
CCA 20070238.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0301/AR.
U.S. v. Michael R.
WILLIS.
CCA 20050270.
No.
08-0302/AF.
U.S. v. Jason M. FYE.
CCA 36476.
DAILY
JOURNAL
No.
08-075
Thursday,
January 24, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0171/AR.
U.S. v. Henry R.
SHOULDER, Jr.
CCA 20070622.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0299/AR.
U.S. v. Kelly S.
BRICE.
CCA 20070519.
No.
08-0300/AR.
U.S. v. Robert J.
MASONIS, Jr.
CCA 20061029.
DAILY
JOURNAL
No.
08-074
Wednesday,
January 23, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0720/AR. U.S. v. Jeffery
B. DENNING.
CCA 20030963.
On
consideration of the petition for grant of review
of the decision of the United States Army Court of
Criminal Appeals, 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. 07-0812/AR. U.S. v. Emily M.
HAMILTON.
CCA 20050738.
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.
07-0720/AR. U.S.
v. Jeffery B. DENNING. CCA
20030963. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No.
07-0812/AR. U.S.
v. Emily M. HAMILTON. CCA
20050738. [See
also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0670/AR. U.S. v. Jason W.
MCCLUNG.
CCA 20050908.
No.
07-0843/MC.
U.S. v. Johnathan T.
MARKERT.
CCA 200500223.
No.
08-0013/AR.
U.S. v. Juan A.
ACEVEDO.
CCA 20070175.
No.
08-0038/AR.
U.S. v. James S.
HUFFINE.
CCA 20060859.
No.
08-0042/AR.
U.S. v. Luis
TORRES-REGUERO.
CCA 20050276.
No.
08-0052/AR.
U.S. v. Jacob A.
SNOWDEN.
CCA 20061102.
No.
08-0061/AR.
U.S. v. Christofer L.
JEWETT.
CCA 20070167.
No.
08-0068/AF.
U.S. v. Patrick R.
FLOREA.
CCA S31326.
No.
08-0069/AF.
U.S. v. Jonathon M.
FEHL.
CCA S31329.
No.
08-0086/AR.
U.S. v. Jovan P.
STEWART.
CCA 20070074.
No.
08-0113/AF.
U.S. v. Jonathan R.
POPE.
CCA S31124.
No.
08-0129/AR.
U.S. v. Brian J.
DANIELSON.
CCA 20060329.
INTERLOCUTORY ORDERS
No.
05-0528/MC. U.S. v. Michael S.
SNOOK.
CCA 200201598. On
consideration of Appellant’s motion
to file the supplement to the petition for grant of review out of time,
it is
ordered that said motion is hereby denied without
prejudice to Appellant’s right to resubmit a motion to file the
supplement out
of time which complies with Rule 30(a) and the requirements of United
States
v. Ortiz, 24 M.J. 323 (C.M.A. 1987).
No.
07-0503/MC.
U.S.
v. Daqric B. MOOREFIELD. CCA 200600162. Appellee's
motion to reject Appellant's pleading denied.
No.
08-5002/AF. U.S.
v. Adam P. PEREZ. CCA
36799. Appellee’s motion
to submit document, and
motion to supplement Appellant’s proffered joint appendix are granted. Appellee’s motion to deny Appellant’s joint
appendix is denied.
DAILY
JOURNAL
No.
08-073
Tuesday,
January 22, 2008
PETITION FOR
RECONSIDERATION DENIED
No. 07-0346/AR.
U.S. v. Ahmed
M. ELFAYOUMI.
CCA 20010415. Appellant’s
petition for reconsideration of
this Court’s order issued on November 16, 2007, is denied.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0289/AR.
U.S. v. Dustin
J. CLOKE.
CCA 20070687.
No. 08-0290/AR.
U.S. v. Rubin
F. CHAPPELL.
CCA 20060434.
No. 08-0291/AR.
U.S. v. Sean
L. MELLSTROM.
CCA 20070590.
No. 08-0292/AR.
U.S. v. Ralph
CRAWFORD, III.
CCA 20050635.
No. 08-0293/AR.
U.S. v. Joseph
S. BAPTISTA.
CCA 20060800.
No. 08-0294/AR.
U.S. v.
Edmundo F. ESTRADA.
CCA
20070446.
No. 08-0295/AR.
U.S. v. Javal S. DAVIS.
CCA 20050180.
No. 08-0296/AR.
U.S. v.
Lennohn D. A. CHARLES.
CCA
20051017.
No. 08-0297/NA.
U.S. v.
Rodrick M. MANIGAULT.
CCA
200602433.
No. 08-0298/NA.
U.S. v.
Jeffrey D. GOLDBERG.
CCA
200601093.
INTERLOCUTORY ORDERS
No. 07-0020/AR.
U.S. v.
Lucille S. DIXON.
CCA 20050954. Appellant's
motion for leave to file the
supplement to the petition for grant of review out of time granted.
No. 07-0382/MC.
U.S. v.
William C. BRAGG.
CCA 200600228. Appellant's
motion to file brief out of time
granted.
No. 08-0046/AR.
U.S. v. Jason
W. STANFORD.
CCA 20050045. Appellant's
motion for leave to file the
supplement to the petition for grant of review out of time granted.
No. 08-0141/AF.
U.S. v. Daniel
J. WING.
CCA 36756. Appellant's
second motion to extend time to
file the supplement to the petition for grant of review granted, up to and including February 11, 2008,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 08-0145/AR.
U.S. v. Anthony
R. LUCERO.
CCA 20020869. Appellant's
second motion to extend time to file the
supplement to the
petition for grant of review granted, up
to and including February 6, 2008, and
absent extraordinary circumstances, no further extension of time will
be granted
in this case.
No. 08-0160/AR.
U.S. v. Howard
A. DAMICO.
CCA 20060854. Appellee's
motion to file an answer to Appellant’s
supplement to the petition for grant of review out of time granted.
No. 08-0168/NA.
U.S. v. Cooper
JACKSON.
CCA 200700255. On
consideration of the motion filed by Lieutenant Heather L. Cassidy for
leave to
withdraw as counsel, it appears that the Judge Advocate General has
assigned
another counsel to represent Appellant and that the new counsel has
assumed
representation of said Appellant.
Accordingly, said motion is granted.
No. 08-0178/AR.
U.S. v. Jamie
R. HILL.
CCA 20070497. Appellee's
motion to file an answer to the
supplement to the petition for grant of review out of time granted.
No. 08-0179/AR.
U.S. v. Taaz L. REDDEN. CCA 20070500. Appellee's
motion to file an answer to the supplement to the petition for grant of
review
out of time granted.
No. 08-0212/NA.
U.S. v. David
A. ACOSTA.
CCA 200700375. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to January 31,
2008.