UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-162
Tuesday, June 01, 1999

HEARINGS

No. 98-0679/AR. U.S. v. Carlos V. DIAZ-DUPREY. CCA 9600181.

No. 98-0721/NA. U.S. v. Teresa S. MILEY. CCA 96-0822.

No. 98-1001/MC. U.S. v. David W. MAGNAN. CCA 97-2071.

No. 98-1113/AF. U.S. v. David S. BRADLEY. CCA 32387.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0675/NA. U.S. v. Daniel W. NOREEN. CCA 98-1623.

No. 99-0676/AR. U.S. v. Clyde B. PUGH, Jr. CCA 9600811.

No. 99-0677/AF. U.S. v. Dae O. KANG. CCA 33542.

PETITION FOR GRANT OF REVIEW – OTHER SUMMARY DISPOSITIONS

No. 99-0597/AF. U.S. v. Mattson L. SMITH. CCA 33232. Appellant's motion to file petition for grant of review out of time denied. See United States v. Sumpter, 22 MJ 33 (CMA 1986).

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 99-8019/NA. United States, appellee, v. Hector A. COLEMAN, appellant. CCA 99-0501. Appellant’s motion to withdraw writ appeal petition is granted without prejudice to appellant’s right to assert the issue raised in the petition during the course of normal appellate review if he is convicted; appellant’s motion to attach and appellee’s motion for an enlargement of time out of time are denied as moot.

INTERLOCUTORY ORDERS

No. 98-1001/MC. U.S. v. David W. MAGNAN. CCA 97-2071. Appellant's motion to cite supplemental authority granted.

No. 99-0410/NA. U.S. v. Jody C. COMER. CCA 98-0730. Appellant's
motion to attach granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-163
Wednesday, June 02, 1999

HEARINGS

No. 98-0946/AR. U.S. v. Charles G. KNIGHT. CCA 9700322.

No. 98-1109/AR. U.S. v. Jason E. NELSON. CCA 9601144.

No. 99-5001/MC. U.S. v. Ronnie A. CURTIS. CCA 87-3856.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0678/NA. U.S. v. Susan V. NICOLAY. CCA 97-0786.

No. 99-0679/MC. U.S. v. Michael W. KEMP. CCA 97-1160.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 99-8024/AR. United States, appellee, v. Richard B. SUNDAY, appellant. CCA 9900090. Writ appeal petition for review of the United States Army Court of Criminal Appeals decision on application for extraordinary relief filed under Rule 27(b).

INTERLOCUTORY ORDERS

No. 97-0506/AR. U.S. v. John A. ROBINSON. CCA 9301094 Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 98-1111/AR. U.S. v. James W. HUFF. CCA 9600772. On consideration of appellant’s motion to file appendix matters which are designated A through K, it appears that the documents designated B, C, D, E, F, G, H, and I currently constitute part of the record and allied papers filed with the Court. Accordingly, said motion is granted only to the appendix matters designated as A, J, and K.

No. 99-0504/AR. U.S. v. Rob W. ROBERTS. CCA 9600785 On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note appellant’s request that he be allowed to proceed without aid of military counsel and that he be allowed to proceed pro se. Appellant has filed documents styled motion to correct post-trial processing errors and motion to attach documents. It appears that the motion to attach documents constitutes a reproduction of the allied papers and the appellate papers which have been forwarded to this Court. It further appears that the motion to correct post-trial processing errors is an allegation of errors in the processing of appellant’s court-martial; as such, it will be construed as a supplement to the petition. We will entertain these matters at this stage of the proceedings. Accordingly, it is ordered that appellant’s request to proceed pro se is granted to the extent that he may file a supplement to the petition for grant of review; that said action does not preclude appellant’s future representation by qualified counsel; that appellant’s motion to correct post-trial processing errors, which is construed as a supplement to the petition for grant of review, is granted; and that the motion to attach documents is denied as unnecessary.

No. 99-0556/AR. U.S. v. Benjiman JOHNSON. CCA 9602016. Appellant's motion to file additional pleadings denied.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No.99-164
Thursday, June 03, 1999

HEARINGS

No. 98-0359/AF. U.S. v. Raymond D. KERR. CCA 32249.

No. 99-0129/AF. U.S. v. Ross A. MCFADYEN. CCA 32878.

APPEALS – SUMMARY DISPOSITIONS

No. 97-0047/AR. U.S. v. Andrew AULL. CCA 9402074. On further consideration of this Court's grant of appellant's petition for review on March 4, 1999, we conclude that appellate exhibit XX does not contain any material that would be relevant to the defense and, so, can remain sealed from appellate counsel without compromising counsel's effective representation of appellant. See United States v. Rivers, 49 MJ 434 (1998). Accordingly, the decision of the United States Army Court of Criminal Appeals is affirmed.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0680/NA. U.S. v. Marion K. BROWN. CCA 99-0011.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 99-8024/AR. United States, appellee, v. Richard B. SUNDAY, appellant. CCA 9900090. Writ appeal petition for review of a denial of a petition for extraordinary relief denied.

INTERLOCUTORY ORDERS

No. 93-7001/AR. U.S. v. Ronald A. GRAY. CCA 8800807. Appellant's motion to extend time to file petition for reconsideration granted to July 7, 1999.

No. 97-0604/AR. U.S. v. Larry WALLACE, Jr. CCA 9500234. To July 19, 1999.

No. 99-0490/MC. U.S. v. Donald J. FORBES. CCA 97-0345. To July 1, 1999.

    In each of the above two cases, appellee's motion to extend time to file answer to supplement to petition for grant of review granted to date indicated.

No. 99-0404/AR. U.S. v. Lawrence R. SCHUMM. CCA 9800570. Appellee's motion to file answer to supplement to petition for grant of review out of time and motion to correct errata granted.

No. 99-0496/AF. U.S. v. Kevin M. BROWN. CCA 33475.

No. 99-0497/AF. U.S. v. Lionel R. COLLINS, Jr. CCA 33442

No. 99-0498/AF. U.S. v. Joshua W. KING. CCA S29610.

    In each of the above three cases, appellant's motion to file supplement to petition for grant of review out of time granted.

No. 99-0500/AF. U.S. v. Anthony J. ZAMMETT. CCA. 33490.

No. 99-0591/MC. U.S. v. Jerry W. DRIVER. CCA 86-2313.

    In each of the above two cases, appellant's motion to extend time to file supplement to petition for grant of review granted.

MANDATES ISSUED

No. 98-0056/AF. U.S. v. Roy A. GRIFFIN. CCA 32229.

No. 98-0431/NA. U.S. v. Stephanie K. FEE. CCA 97-0382.

No. 98-0511/MC. U.S. v. Andrea N. LACY. CCA 97-0667.

No. 98-0569/MC. U.S. v. Alan L. NOBLE. CCA 95-0215.

No. 98-5025/AF. U.S. v. Bruce A. BELFLOWER. CCA 32612.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-165
Friday, June 04, 1999

ORDERS GRANTING PETITION FOR REVIEW

No. 98-0783/NA. U.S. v. Michael W. FRICKE. CCA 96-1293. Review granted on the following issues:

I. WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN FINDING THAT APPELLANT IS NOT ENTITLED TO ADDITIONAL ADMINISTRATIVE TIME CREDIT FOR HAVING BEEN ILLEGALLY CONFINED PRIOR TO TRIAL, AND ADDITIONAL ADMINISTRATIVE TIME CREDIT FOR HAVING BEEN SUBJECTED TO UNLAWFUL PRETRIAL PUNISHMENT IN VIOLATION OF ARTICLES 13 AND 55, UCMJ.   II. WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN FINDING THAT APPELLANT'S GUILTY PLEA IS NOT VOID IN VIOLATION OF ARTICLE 45, UCMJ, IN THAT APPELLANT PLEADED GUILTY TO A CAPITAL OFFENSE AND THE GENERAL COURT-MARTIAL OF THE KIND SPECIFIED IN 10 U.S.C. SECTION 816(1)(B) WAS WITHOUT JURISDICTION TO CONVICT APPELLANT BASED UPON THIS IMPROVIDENT PLEA. No. 99-0073/AR. U.S. v. Morris T. COBIA. CCA 9601645. Review granted on the following issues: I. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION AND COMMITTED PLAIN ERROR WHEN HE REFUSED TO GRANT DEFENSE COUNSEL'S MOTION TO PROHIBIT USE OF APPELLANT'S CIVILIAN CONVICTION FOR AN IDENTICAL OFFENSE WHICH FORMED THE BASIS FOR TWO OF THE SIX SPECIFICATIONS AT THE COURT-MARTIAL.   II. WHETHER THE EVIDENCE ADDUCED AT TRIAL IS LEGALLY SUFFICIENT TO SUPPORT FINDINGS OF GUILTY FOR THE OFFENSES OF RAPE AND ATTEMPTED SODOMY. No. 99-0094/AF. U.S. v. David R. HENLEY, Sr. CCA 32551. Review granted on the following issues: I. WHETHER ALLOWING EVIDENCE OF OTHER SEXUAL MISCONDUCT TO SHOW PROPENSITY UNDER FED.R.EVID 413 OR 414 VIOLATES THE DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE CONSTITUTION.   II. WHETHER THE MILITARY JUDGE ERRED IN ADMITTING EVIDENCE OF UNCHARGED SEXUAL MISCONDUCT UNDER FED.R.EVID 413 OR 414 EVEN THOUGH THE APPELLANT WAS CHARGED PRIOR TO THE EFFECTIVE DATE OF THESE RULES.   III. WHETHER THE MILITARY JUDGE ERRED IN DENYING THE DEFENSE MOTION TO SUPPRESS EVIDENCE SEIZED FROM APPELLANT'S HOUSE AND THE CONFESSION MADE BY APPELLANT WHEN CONFRONTED WITH THAT EVIDENCE.   IV. WHETHER THE MILITARY JUDGE ERRED IN DENYING THE CHALLENGE FOR CAUSE AGAINST LT COL KIM MAURER.   V. WHETHER THE EVIDENCE IS LEGALLY SUFFICIENT TO SUPPORT A FINDING OF GUILTY OF CONDUCT UNBECOMING AN OFFICER, CHARGE III AND ITS SPECIFICATION.   VI. WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL. No. 99-0318/AF. U.S. v. David WRIGHT, III. CCA 32731. Review granted on the following issues: I. WHETHER THE MILITARY JUDGE ERRED WHEN HE ALLOWED TRIAL COUNSEL TO PRESENT TESTIMONY OF A PSYCHOLOGIST TO IMPERMISSIBLY BOLSTER THE CREDIBILITY OF A KEY GOVERNMENT WITNESS.   II. WHETHER ALLOWING EVIDENCE OF OTHER SEXUAL MISCONDUCT TO SHOW PROPENSITY UNDER M.R.E. 413 VIOLATES THE DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE CONSTITUTION. No. 99-0409/NA. U.S. v. George E. WILLIAMS. CCA 97-0848. Review granted on the following issues: I. WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE TRIAL DEFENSE COUNSEL FAILED TO ASCERTAIN AND ADVISE APPELLANT ABOUT THE PRACTICAL CONSEQUENCES OF A MATERIAL PROVISION OF THE PRETRIAL AGREEMENT, PARAGRAPH 3 OF THE MAXIMUM SENTENCE APPENDIX.   II. WHETHER APPELLANT'S PLEAS TO ALL CHARGES AND SPECIFICATIONS WERE IMPROVIDENT BECAUSE APPELLANT WAS ERRONEOUSLY INDUCED INTO PLEADING GUILTY BY AN HONEST AND SUBSTANTIAL MISUNDERSTANDING AS TO A MATERIAL TERM IN THE PRETRIAL AGREEMENT, PARAGRAPH 3 OF THE MAXIMUM SENTENCE APPENDIX.   III. WHETHER THE LOWER COURT ERRED IN REFUSING TO FIND THAT THE MILITARY JUDGE HAD FAILED TO CONDUCT AN ADEQUATE INQUIRY TO DETERMINE IF APPELLANT UNDERSTOOD THE MEANING AND EFFECT OF PARAGRAPH 3 OF THE SENTENCE LIMITATION APPENDIX TO THE PRETRIAL AGREEMENT.
PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0681/AR. U.S. v. Rogelio PABLO. CCA 9700481.

No. 99-0682/NA. U.S. v. Chester W. T. NG. CCA 99-0130.

No. 99-0683/NA. U.S. v. Ricky W. BAUR. CCA 96-2110.

No. 99-0684/MC. U.S. v. Jeremy J. WEBB. CCA 99-0021.

No. 99-0685/AF. U.S. v. David N. RAMSEY, Jr. CCA 33291.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-166
Monday, June 07, 1999

RETURN OF RECORD FROM COURT OF CRIMINAL APPEALS

No. 98-0461/MC. U.S. v. John P. BEASLEY. CCA 96-1904. Notice is hereby given that the record was returned to the Clerk’s office in accordance with the earlier decision of this Court (Daily Journal October 23, 1998) and has been referred to the Court for further consideration.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0374/AR. U.S. v. Toussaint L. LEWIS. CCA 9602074.

No. 99-0393/AR. U.S. v. Andy R. MATTISON. CCA 9700828.

No. 99-0428/AR. U.S. v. Richard G. WILSON. CCA 9700636.

No. 99-0457/AR. U.S. v. Pedro E. TORRES. CCA 9800348.

No. 99-0463/NA. U.S. v. David J. HUTSON. CCA 97-1575.

No. 99-0479/MC. U.S. v. Benjamin TAGLIERNIE. CCA 98-1051.

No. 99-0488/AF. U.S. v. Richard H. WEAVER, Jr. CCA 33157.

No. 99-0489/AR. U.S. v. Willie L. PROBY. CCA 9700987.

No. 99-0491/MC. U.S. v. Glenn D. OSOWSKI. CCA 98-0428.

No. 99-0492/MC. U.S. v. Bryan T. TYBURCZY. CCA 98-1681.

No. 99-0493/MC. U.S. v. Matthew M. HUNT. CCA 98-1797.

No. 99-0503/AR. U.S. v. Dura KINCAIDE. CCA 9800246.

No. 99-0513/AR. U.S. v. Ernesto R. LOYA. CCA 9800196.

No. 99-0518/MC. U.S. v. Scott C. PATTERSON. CCA 98-1771.

No. 99-0521/MC. U.S. v. Leslie D. MACNIVEN. CCA 98-1630.

No. 99-0523/NA. U.S. v. Jesus R. MOYA. CCA 98-0258.

No. 99-0529/AF. U.S. v. Richard E. PEARSON. CCA 33472.

No. 99-0538/AF. U.S. v. Christopher D. RHODES. CCA 33451.

No. 99-0539/AF. U.S. v. Stephen A. RUCKER. CCA 33304.

No. 99-0541/AR. U.S. v. Toby M. WARPUP. CCA 9800483.

No. 99-0544/AF. U.S. v. Gordon D. RAISTRICK. CCA 33094.

No. 99-0549/AR. U.S. v. Jessica SANTIAGO. CCA 9800117.

No. 99-0551/AF. U.S. v. Paul C. GALYEAN. CCA 33363.

No. 99-0561/NA. U.S. v. Rafell S. GRAHAM. CCA 99-0137.

PETITIONS FOR GRANT OF REVIEW-OTHER SUMMARY DISPOSITIONS

No. 97-0988/AR. U.S. v. Martin H. PELECH. CCA 9601153. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, it is ordered that the decision of the United States Army Court of Criminal Appeals on remand is set aside; and that the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.

Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 197. The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.

No. 97-1056/AR. U.S. v. Richard F. JENSEN. CCA 9601495. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, it is ordered that the decision of the United States Army Court of Criminal Appeals on remand is set aside; and that the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.

Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 127. The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.

No. 98-0322/AR. U.S. v. Frederick J.B. JONES. CCA 9700692. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, it is ordered that the decision of the United States Army Court of Criminal Appeals on remand is set aside; and that the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.

Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 190. The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.

No. 98-0440/AR. U.S. v. John H.I. WARNER. CCA 9601510. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, it is ordered that the decision of the United States Army Court of Criminal Appeals on remand is set aside; and that the record is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.

Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 211. The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.

No. 98-0468/AR. U.S. v. David E. NIX. CCA 9600778. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, it is ordered that the decision of the United States Army Court of Criminal Appeals on remand is set aside; and that the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.

Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 239. The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.

No. 99-0244/AR. U.S. v. Omar J. WALKER. CCA 9600561. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside; and that the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0686/AR. U.S. v. Hermon W. JAMES, Jr. CCA 9702019.

No. 99-0687/AF. U.S. v. Seivern D. WALLACE. CCA 33452.

No. 99-0688/AF. U.S. v. Jeffrey M. ENGLE. CCA 33430.

No. 99-0689/NA. U.S. v. William B. BISHOP. CCA 99-0040.

No. 99-0690/MC. U.S. v. Manuel A. MUNOZ. CCA 99-0191.

No. 99-0691/NA. U.S. v. Monterill D. ANDERSON. CCA 98-2153.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-167
Tuesday, June 08, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0692/AR. U.S. v. Adam R. PUGH. CCA 9800791.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-168
Wednesday, June 09, 1999

PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0293/NA. U.S. v. Freddie L. CALVIN. CCA 97-0401.

No. 99-0406/AR. U.S. v. Sterling S. W. COBB. CCA 9700620.

No. 99-0420/AF. U.S. v. Billy W. COOK. CCA 32885.

No. 99-0453/AF. U.S. v. William F. FOWLER. CCA 33290.

No. 99-0461/MC. U.S. v. Mario A. DELACRUZ, Jr. CCA 97-1989.

No. 99-0464/MC. U.S. v. Daniel S. CHALLMAN. CCA 98-1801.

No. 99-0472/AF. U.S. v. Manuel W. FEGURGUR. CCA 33255.

No. 99-0473/AF. U.S. v. Shelvy BROWN. CCA S29376.

No. 99-0475/AF. U.S. v. Gary W. CASTILLO. CCA 33350.

No. 99-0480/NA. U.S. v. Bradford T. GOSNEY. CCA 98-1821.

No. 99-0483/AF. U.S. v. John M. HOGGE. CCA S29563.

No. 99-0502/AR. U.S. v. Dale V. BENTLEY. CCA 9800754.

No. 99-0522/AR. U.S. v. O. Z. BOBBITT, Jr. CCA 9701101.

No. 99-0530/AF. U.S. v. Marc S. SOVIK. CCA 33365.

No. 99-0540/AF. U.S. v. Jonas W. WILSON. CCA 33349.

No. 99-0572/AF. U.S. v. Heather J. CLARK. CCA 33380.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0693/AR. U.S. v. Keoki K. CARRUTHERS. CCA 9701133.

No. 99-0694/MC. U.S. v. Timothy M. SCHEMBER. CCA 98-0197.

No. 99-0695/MC. U.S. v. Matthew T. YUNK. CCA 98-0228.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-169
Thursday, June 10, 1999

ORDERS GRANTING PETITION FOR REVIEW

No. 98-1023/AR. U.S. v. Keith HENRY. CCA 9402015. Review granted on the following issues:

I. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY ADMITTING, OVER DEFENSE OBJECTION, PORNOGRAPHIC MATERIALS, PROSECUTION EXHIBITS 39, 40, 41, 42, 43, 44, AND 45.   II. WHETHER THE RECORD OF TRIAL IS INCOMPLETE TO THE SUBSTANTIAL PREJUDICE OF APPELLANT BECAUSE THE RECORD CONTAINS ONLY PHOTOGRAPHS OF MERELY THE COVERS OF PROSECUTION EXHIBITS 40, 41, 42, 44, AND 45, THUS PREVENTING APPELLATE DEFENSE COUNSEL FROM BEING ABLE TO REVIEW ALL OF THE EVIDENCE ADMITTED IN THIS CASE AND SENT TO THE PANEL AND PREVENTING THE COURT BELOW FROM FULFILLING ITS OBLIGATION (UNDER ART. 66, UCMJ) IN RELATION TO ASSIGNMENT OF ERROR I. No. 99-0292/MC. U.S. v. Michael S. STOFFER. CCA 97-1326. Review granted on the following issue: WHETHER THE LOWER COURT ERRED IN FINDING THAT THE RECORD OF TRIAL IS SUBSTANTIALLY INCOMPLETE YET STILL SUFFICIENT FOR APPELLATE REVIEW. No. 99-0303/AF. U.S. v. Paul H. MURRAY. CCA 32670. Review granted on the following issue: WHETHER THE EVIDENCE IS LEGALLY SUFFICIENT TO SUSTAIN THE FINDING OF GUILT. No. 99-0368/AR. U.S. v. James E. GEORGE, Jr. CCA 9700180. Review granted on the following issue: WHETHER APPELLANT'S CONSTITUTIONAL RIGHTS WERE VIOLATED WHEN SPECIAL AGENT ROBERT MCNALLY TESTIFIED THAT APPELLANT INVOKED HIS FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION, AND SUCH ERROR WAS NOT HARMLESS BEYOND A REASONABLE DOUBT.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 98-0957/AR. U.S. v. Gregory S. WILLIS. CCA 9500730.

No. 98-1121/AF. U.S. v. Raul R. SALGADO, Jr. CCA 32549.

No. 99-0190/MC. U.S. v. David R. HOCHADEL. CCA 97-2086.

No. 99-0251/NA. U.S. v. Lorne L. LANDRY. CCA 97-1744.

No. 99-0316/MC. U.S. v. Joseph C. MITCHELL. CCA 97-1494.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0696/MC. U.S. v. Joseph L. MCBRIDE. CCA 98-2076.

No. 99-0697/NA. U.S. v. Lily D. SHELTON. CCA 98-0352.

No. 99-0698/NA. U.S. v. Ruben ROMERO. CCA 98-1231.

PETITIONS FOR RECONSIDERATION DENIED

No. 99-0496/AF. U.S. v. Kevin M. BROWN. CCA 33475

No. 99-0497/AF. U.S. v. Lionel R. COLLINS, Jr. CCA 33442

No. 99-0498/AF. U.S. v. Joshua W. KING. CCA S29610.

No. 99-0500/AF. U.S. v. Anthony J. ZAMMETT. CCA 33490.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-170
Friday, June 11, 1999

PETITIONS FOR GRANT - OTHER SUMMARY DISPOSITIONS

No. 98-0308/AR. U.S. v. Paul D. PIERCE. CCA 9601171. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, the decision of the United States Army Court of Criminal Appeals on remand is set aside; and the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.

Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 135. In view of the materials filed by the parties, the case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0699/AF. U.S. v. Henry R. COLLARD. CCA 33340.

No. 99-0700/AF. U.S. v. Robert D. HINTON. CCA 29617.

No. 99-0701/MC. U.S. v. Christopher J. HYDE. CCA 97-1164.

No. 99-0702/MC. U.S. v. Darnnelle L. ELLISON. CCA 98-1926.

No. 99-0703/NA. U.S. v. Tonia L. GLOVER. CCA 98-1603.

No. 99-0704/NA. U.S. v. Mitchell J. KLEIN. CCA 98-1466.

No. 99-0705/AR. U.S. v. Vance R. LASUEUR. CCA 9700803.

No. 99-0706/AR. U.S. v. Jeremy J. HREBEN. CCA 9900040.

No. 99-0707/AR. U.S. v. Gregory R. TENNIN. CCA 9700742.

INTERLOCUTORY ORDERS

No. 98-1131/AF. U.S. v. Donna M. NORFLEET. CCA S29280. To June 21, 1999.

No. 99-0301/NA. U.S. v. Jerry D. MOOLICK. CCA 97-0521. To June 28, 1999.

    In each of the above two cases, appellant's motion to extend time to file final brief granted to date indicated.

No. 99-0313/NA. U.S. v. Allen B. PHILLIPS. CCA 97-1458.
Appellee's motion to extend time to file answer to final brief granted to June 23, 1999.

MANDATES ISSUED

No. 98-0095/NA. U.S. v. Lester E. OLINGER, IV. CCA 96-1319.

No. 98-0265/NA. U.S. v. Darrin L. SHORT. CCA 95-1617.

No. 98-0356/AR. U.S. v. Juana L. SMITH. CCA 9601110.

No. 98-0758/NA. U.S. v. Sarah F. THOMASSON. CCA 96-0938.

No. 98-0784/MC. U.S. v. Jason M. ABRAMS. CCA 96-1714.

No. 99-0002/AF. U.S. v. Philip K. LEE. CCA 32773.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-171
Monday, June 14, 1999

PETITIONS FOR GRANT OF REVIEW – OTHER SUMMARY DISPOSITIONS

No. 99-0627/AF. U.S. v. Daniel L. LEWIS. CCA 33489. Appellant’s motion to file petition for grant of review out of time denied.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0708/AR. U.S. v. Thomas E. PIGUES, Jr. CCA 9700744.

No. 99-0709/AR. U.S. v. Robert W. DISMUS. CCA 9701128.

No. 99-0710/AR. U.S. v. Chad A. McCANN. CCA 9801391.

No. 99-0711/AR. U.S. v. Charles E. SYKES. CCA 9800873.

No. 99-0712/AF. U.S. v. Jeffrey J. BANDMAN. CCA 33488.

No. 99-0713/AF. U.S. v. Robert E. CHESTER. CCA 33554.

No. 99-0714/AF. U.S. v. David R. CRUM. CCA 33578.

No. 99-0715/AF. U.S. v. Christopher A. GAMAGE. CCA 33250.

No. 99-0716/AF. U.S. v. Brian D. HOLOMON. CCA 33575.

No. 99-0717/AF. U.S. v. Aaron K. HUIZENGA. CCA 32764.

No. 99-0718/AF. U.S. v. Lonnie L. MURVIN, Jr. CCA 33423.

No. 99-0719/AF. U.S. v. Eric T. ROBBS. CCA S29603.

No. 99-0720/AF. U.S. v. Joseph L. SACK. CCA S29668.

No. 99-0721/AF. U.S. v. Carrey C. SHORT. CCA S29379.

No. 99-0722/AF. U.S. v. Ismael TORRES, Jr. CCA 33564.

No. 99-0723/MC. U.S. v. Charles E. PALMORE. CCA 97-1674.

No. 99-0724/MC. U.S. v. Matthew J. ALVES. CCA 97-1610.

No. 99-0725/MC. U.S. v. Desmond D. RHODEN. CCA 99-0019.

No. 99-0726/MC. U.S. v. Ovarias V. CRIEGO. CCA 98-0962.

No. 99-0727/MC. U.S. v. Nelson VAZQUEZ, Jr. CCA 98-0470.

INTERLOCUTORY ORDERS

No. 96-0669/NA. U.S. v. Charles W. JOHNSON. CCA 94-1674. To July 14, 1999.

No. 99-0515/AR. U.S. v. Bradford M. GOSNEY. CCA 9700653. Second motion to June 21, 1999.

No. 99-0582/AF. U.S. v. Michael E. KNIGHT. CCA 32754. Second motion to July 2, 1999.

No. 99-0595/AR. U.S. v. Timothy W. SHELTON. CCA 9600456. To June 23, 1999.

No. 99-0604/AF. U.S. v. Chris D. LITTLEWOOD. CCA 32763. To July 7, 1999.

No. 99-0640/AR. U.S. v. Michael G. NEW. CCA 9600263. To July 21, 1999.

    In each of the above six cases, appellant's motion to extend time to file supplement to petition for grant of review granted to date indicated.

No. 97-0506/AR. U.S. v. John A. ROBINSON. CCA 9301094. Appellee’s motion to extend time to file answer granted to July 16, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No.99-172
Tuesday, June 15, 1999

PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0296/AR. U.S. v. Robert M. MINA. CCA 9800294.

No. 99-0310/AR. U.S. v. Douglas K. OLIVER. CCA 9601776.

No. 99-0415/AR. U.S. v. Travis L. DANLEY. CCA 9800881.

No. 99-0429/AR. U.S. v. Jason J. NIKODEN. CCA 9800752.

No. 99-0434/AF. U.S. v. Andre S. PEAKER. CCA 33412.

No. 99-0438/AF. U.S. v. Eric E. WOLF. CCA S29559.

No. 99-0439/AR. U.S. v. Ray E. WILLIAMS, Jr. CCA 9801074.

No. 99-0440/NA. U.S. v. Leonard H. FELIX. CCA 98-0871.

No. 99-0443/AF. U.S. v. William L. DRAPER. CCA 33310.

No. 99-0444/AF. U.S. v. Ronald D. HUEY. CCA 33326.

No. 99-0448/MC. U.S. v. Kevin R. WILES. CCA 97-1438.

No. 99-0449/MC. U.S. v. Micah A. SOLOMON. CCA 97-0114.

No. 99-0452/AF. U.S. v. George A. DELAINO, III. CCA 33224.

No. 99-0454/AF. U.S. v. Marcus J. WEATHERS. CCA 33337.

No. 99-0458/AR. U.S. v. Kenneth W. WILSON. CCA 9800425.

No. 99-0465/AR. U.S. v. Cortney M. MERZ. CCA 9801515.

No. 99-0471/AF. U.S. v. Christopher M. GOSSETT. CCA 32847.

No. 99-0501/AR. U.S. v. James A. KINKADE. CCA 9701880.

No. 99-0512/AR. U.S. v. Daren E. ANDERSON. CCA 9801585.

No. 99-0517/NA. U.S. v. Anthony D. GARCIA. CCA 98-1815.

No. 99-0532/MC. U.S. v. Danny H. FRAZEE. CCA 98-1910.

No. 99-0537/AF. U.S. v. Mark A. NEGRON. CCA 33498.

INTERLOCUTORY ORDERS

No. 99-0617/MC. U.S. v. Richard L. VIGIL. CCA 98-0831. Appellant's motion to extend time to file supplement to petition for grant of review granted to July 11, 1999.

No. 99-0636/AF. U.S. v. Mark C. MORAN. CCA S29546.

No. 99-0637/AF. U.S. v. Glenn E. SNYDER. CCA S29612.

No. 99-0638/AF. U.S. v. Furman L. JOHNSON. CCA 33436.

    In each of the above three cases, appellant's motion to file petition for grant of review out of time granted; appellant will file a supplement to said petition under Rule 21 on or before the 15th day of July 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No.99-173
Wednesday, June 16, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0728/AF. U.S. v. Keith A. PHILLIPS. CCA 33416.

No. 99-0729/NA. U.S. v. Maxon E. HARTLEY. CCA 98-0406.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-174
Thursday, June 17, 1999

ORDERS GRANTING PETITION FOR REVIEW

No. 97-0363/AR. U.S. v. Eunice PIPKIN. CCA 9600192. [See also APPEALS - SUMMARY DISPOSITIONS this date.]

No. 99-0120/AF. U.S. v. Shonnon D. WILSON. CCA 32849. Review granted on the following issue:

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN FINDING THAT THE COURT-MARTIAL HAD IN PERSONAM JURISDICTION TO TRY APPELLANT WHERE HE HAD ALREADY BEEN GIVEN HIS DD FORM 214. No. 99-0286/AR. U.S. v. Marcus T. GOLSTON. CCA 9600326. Review granted on the following issue: WHETHER THE PROSECUTOR VIOLATED THE LEGAL NORMS AND STANDARDS OF ARMY REGULATION 27-26 AND PROFESSIONAL ETHICS BY BREACHING MATERIAL ASPECTS OF HIS ATTORNEY-CLIENT PRIVILEGE WITH MRS. GOLSTON, HIS FORMER LEGAL ASSISTANCE CLIENT, WHEN HE LATER REPRESENTED THE GOVERNMENT AGAINST SPC GOLSTON AND USED MATERIALLY ADVERSE INFORMATION OBTAINED FROM HIS PRIOR REPRESENTATION OF MRS. GOLSTON TO SPC GOLSTON'S PREJUDICE.
APPEALS – SUMMARY DISPOSITIONS

No. 97-0363/AR. U.S. v. Eunice PIPKIN. CCA 9600192. 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.]

PETITIONS FOR NEW TRIAL DENIED

No. 98-0092/MC. U.S. v. Warren B. ANDERSON. CCA 96-0467.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0730/AR. U.S. v. Jonathan E. VOJKUFKA. CCA 9800232.

INTERLOCUTORY ORDERS

No. 99-5002/CG. U.S. v. Joselito C. TUALLA. CCA 1079. Appellant’s motion to substitute counsel granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-175
Friday, June 18, 1999

CERTIFICATES FOR REVIEW FILED

No. 99-5004/MC. U.S. v. Kevin TOWNES. CCA 95-0849. The Judge Advocate General of the Navy requests that action be taken with respect to the following issue:

WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINALAPPEALS ERRED BY HOLDING THAT STAFF SERGEANT TOWNES’ FAILURE TO PERSONALLY SELECT ENLISTED MEMBERS WAS JURISDICTIONAL ERROR RATHER THAN PROCEDURAL ERROR THAT SHOULD BE TESTED FOR SUBSTANTIAL COMPLIANCE?
PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0731/AR. U.S. v. Ronald L. HARRIS. CCA 9301182.

No. 99-0732/AF. U.S. v. Stephen A. ANDERSON. CCA 33495.

No. 99-0733/AF. U.S. v. Christopher W. DUNNING. CCA 33570.

No. 99-0734/AF. U.S. v. Donna L. HAYES. CCA S29608.

No. 99-0735/AF. U.S. v. Elias B. MAGISTRADO. CCA S29615.

No. 99-0736/AF. U.S. v. Kerry E. PHIPPS, Jr. CCA 33458.

No. 99-0737/AF. U.S. v. Richard K. RICHMOND. CCA 33454.

No. 99-0738/AF. U.S. v. Wesley N. ROWE. CCA 32852.

No. 99-0739/AF. U.S. v. Michael D. HARRIS. CCA 33501.

No. 99-0740/AF. U.S. v. Renee D. HARRIS. CCA S29634.

No. 99-0741/NA. U.S. v. Marcus J. HAMILTON. CCA 99-0107.

No. 99-0742/MC. U.S. v. Thomas W. FOWLER. CCA 98-0966.

No. 99-0743/MC. U.S. v. Eric A. BOYLAN. CCA 96-2377.

INTERLOCUTORY ORDERS

No. 98-0940/AR. U.S. v. Michael D. SPRIGGS. CCA 9601685. Appellee’s second motion to extend time to file final answer granted to July 19, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-176
Monday, June 21, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0744/AR. U.S. v. Francis L. FRELIX-VANN. CCA 9701014.

No. 99-0745/AF. U.S. v. Christy A. GUERRA. CCA S29624.

No. 99-0746/NA. U.S. v. Nicholas A. WOLFORD. CCA 98-0638.

INTERLOCUTORY ORDERS

No. 99-0554/AF. U.S. v. David L. WATERSTREET. CCA 32656. Appellant's motion to file corrected pages granted.

No. 99-0630/AR. U.S. v. Francis A. WILLIS. CCA 9701676. To July 19, 1999.

No. 99-0666/NA. U.S. v. Marion H. TANKSLEY. CCA 96-1402. To July 28, 1999.

    In each of the above two cases, appellant's motion to extend time to file supplement to petition granted to date indicated.

No. 99-5002/CG. U.S. v. Joselito C. TUALLA. CCA 1079. Appellant’s motion to amend appellant's brief granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-177
Tuesday, June 22, 1999

REMAND FROM SUPREME COURT OF THE UNITED STATES

No. 97-8021/AF. James T. GOLDSMITH, petitioner/appellant, v. President William J. Clinton, et. al, respondents/appellees. CCA 96-14. Notice is hereby given that the above-entitled case was returned to the Clerk’s Office in accordance with the judgment of the Supreme Court of the United States dated May 17, 1999, remanding the case to this Court for further proceedings in conformity with the opinion of said Court. Clinton, et al., v. Goldsmith, __ U.S. __, 119 S.Ct. 1538 (1999).

INTERLOCUTORY ORDERS

No. 97-0149/AR. U.S. v. Christopher W. CAMPBELL. CCA 9400527. Appellant's motions for additional time to file answer to government petition for reconsideration and for additional time to file answer to the motion to admit government appellate exhibits A and B granted to July 20, 1999.

No. 99-0260/AF. U.S. v. Timothy D. SAPP. CCA 32641. On further consideration of the granted issue, briefs shall be filed under Rule 25. Appellant’s brief shall be filed on or before July 22, 1999; and appellee’s answer shall be filed no later than 30 days after the filing of appellant’s brief.

No. 99-0499/AF. U.S. v. Richard M. LATORRE, Jr. CCA 33262. To July 7, 1999.

No. 99-0574/AF. U.S. v. Robert H. PARMER, Jr. CCA 33220. To July 21, 1999.

    In each of the above two cases, appellee's motion to extend time to file answer to supplement to petition for grant of review granted to date indicated.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-178
Wednesday, June 23, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0748/AF. U.S. v. Swazetta L. JOHNSON. CCA 32830.

No. 99-0749/AF. U.S. v. Jacque D. JAMES. CCA 33524.

No. 99-0750/MC. U.S. v. Carl D. DAGNESE. CCA 97-0212.

No. 99-0751/NA. U.S. v. Michael J. LANGE. CCA 98-1731.

INTERLOCUTORY ORDERS

No. 99-0474/AF. U.S. v. Michael J. BURNS. CCA 32841. Appellant's motion to file supplement to petition for grant of review out of time granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-179
Thursday, June 24, 1999

APPEALS – SUMMARY DISPOSITIONS

No. 99-0405/AF. U.S. v. James G. SIROKY. CCA 30646. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals upon further review, said petition is hereby granted and the decision of the United States Air Force Court of Criminal Appeals upon further review is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0405/AF. U.S. v. James G. SIROKY. CCA 30646. [See also APPEALS - SUMMARY DISPOSITIONS this date.]

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0747/NA. U.S. v. James R. MILLER, III. CCA 99-0111.

No. 99-0752/NA. U.S. v. Collin R. TARTELLA. CCA 98-2137.

No. 99-0753/MC. U.S. v. Edward R. RAMIREZ. CCA 98-1970.

INTERLOCUTORY ORDERS

No. 98-0656/AR. U.S. v. Patrick B. ROLLE. CCA 9601336. Appellee's motion to extend time to file answer to final brief granted to July 26, 1999.

No. 99-0590/AR. U.S. v. Addis G. WILEY. CCA 9101188. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only to July 15, 1999, and that absent extraordinary circumstances no additional motions for extension of time will be granted in this case.

No. 99-0654/AR. U.S. v. Margaret B. LISECKI. CCA 9700511. To July 23, 1999.

No. 99-0658/AR. U.S. v. Shawn C. OREN. CCA 9800105. To June 29, 1999.

    In each of the above two cases, appellant's motion to extend time to file supplement to petition for grant of review granted to date indicated.

No. 99-0731/AR. U.S. v. Ronald L. HARRIS. CCA 9301182. On further consideration of the petition for grant of review of the decision of the United Sates Army Court of Criminal Appeals filed in the above-entitled case and docketed under Docket No.99-0747/AR on June 23, 1999, it appears that said petition was a duplicate of a petition filed in an earlier case and was inadvertently given a new docket number. Accordingly, it is ordered that Docket No. 99-0747/AR issued on June 23, 1999, be rescinded in this case; that Docket No. 99-0731/AR be substituted and used on all future documents filed in this case; and Docket No. 99-0747/AR be reassigned in due course to a new case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-180
Friday, June 25, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0754/AF. U.S. v. Nefali A. RIVERA. CCA S29642.

No. 99-0755/AF. U.S. v. Jeremy T. SETTLES. CCA S29644.

No. 99-0756/AR. U.S. v. Joseph C. DOMBROWSKY. CCA 9801624.

No. 99-0757/AR. U.S. v. Stacey A. MARTIN. CCA 9801069.

No. 99-0758/AR. U.S. v. Jeffrey A. GRIZZLE. CCA 9801158.

No. 99-0759/AR. U.S. v. Bernard J. BLANKENSHIP. CCA 9701159.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-181
Monday, June 28, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0760/AF. U.S. v. Fernando C. VELAZQUEZ. CCA S33426.

No. 99-0761/AF. U.S. v. Cara R. SANCHEZ. CCA 33117.

No. 99-0762/AF. U.S. v. Swazetta L. JOHNSON. CCA 33032.

No. 99-0763/AF. U.S. v. Glenn A. HASELDEN, Jr. CCA 33005.

No. 99-0764/NA. U.S. v. Darwinn Davis. CCA 97-1012.

No. 99-0765/MC. U.S. v. Sam J. YOON. CCA 98-1521.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-182
Tuesday, June 29, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0766/AR. U.S. v. Paul A. PIERNI. CCA 9800717.

No. 99-0767/MC. U.S. v. Raymond B. THOMAS. CCA 97-1794.

INTERLOCUTORY ORDERS

No. 99-0657/AR. U.S. v. Mark P. BANASZAK. CCA 9700949. To July 26, 1999.

No. 99-0660/MC. U.S. v. Samuel C. WALKER. CCA 98-0154. To July 26, 1999.

No. 99-0681/AR. U.S. v. Rogelio PABLO. CCA 9700481. To August 6, 1999.

    In each of the above three cases, appellant's motion to extend time to file supplement to petition for grant of review granted to date indicated.

No. 99-0661/NA. U.S. v. Brian A. KOCH. CCA 98-0483. Appellee's motion to dismiss petition for grant of review denied. Appellant's motion to extend time to file supplement to petition for grant of review granted to July 26, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-183
Wednesday, June 30, 1999

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 99-0589/MC. U.S. v. Joseph W. WINSTEAD. CCA 98-0875. Appellee’s motion to dismiss appellant’s petition for grant of review granted. Appellant’s motion to compel government to produce proof of service denied.

No. 99-0653/NA. U.S. v. Theodore L. LAMPKIN, III. CCA 98-1715. Appellee’s motion to dismiss appellant’s petition for grant of review granted.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0768/AF. U.S. v. Jimmy B. HERRERA. CCA 32863.

No. 99-0769/AF. U.S. v. Michael SIMMONS. CCA 33505.

No. 99-0770/AF. U.S. v. Mark A. STEVENS. CCA 32733.

No. 99-0771/AR. U.S. v. Arthur E. WALKER. CCA 9900086.

No. 99-0772/NA. U.S. v. Gerald L. KOCH. CCA 89-2305.

INTERLOCUTORY ORDERS

No. 98-0133/AF. U.S. v. Jerry W. OWENS. CCA 32468. Appellee's motion to file supplemental citations of authority granted.

No. 99-0109/MC. U.S. v. Timothy S. DUNCAN. CCA 96-0701. Appellant's motion to file petition for reconsideration out of time denied.


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