PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0175/AR. U.S. v. Jamie SALINAS. CCA 9801394.
No. 00-0176/MC. U.S. v. Randy K. COCHRAN. CCA 98-1930.
No. 00-0177/MC. U.S. v. Christopher A. ZAMMIT. CCA 98-0669.
No. 00-0178/MC. U.S. v. Christopher R. WITHEY. CCA 99-0989.
No. 00-0179/NA. U.S. v. William R. DALEY. CCA 99-0693.
No. 00-0180/AF. U.S. v. Deana M. SILVEY. CCA 33390.
No. 00-0181/AF. U.S. v. Tarrance T. COVINGTON. CCA S29645.
No. 00-0182/AF. U.S. v. Gregory A. CERZA. CCA 33533.
INTERLOCUTORY ORDERS
No. 00-0092/AR. U.S. v. John D. GUNKLE. CCA 9701960. To January 18, 2000.
No. 00-0121/AR. U.S. v. Caolos A. ESTRELLA. CCA 9700317. To February 7, 2000.
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.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-059
Tuesday, January 04, 2000
APPEALS - SUMMARY DISPOSITIONS
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, 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. 98-0385/AR. U.S. v. Daniel J. DE SANTI. CCA 9601323. 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. 99-0831/NA. U.S. v. Javier RIOS. CCA 98-0248. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, said petition is hereby granted and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 97-1056/AR. U.S. v. Richard F. JENSEN. CCA 9601495. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 98-0385/AR. U.S. v. Daniel J. DE SANTI. CCA 9601323. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 99-0831/NA. U.S. v. Javier RIOS. CCA 98-0248. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 00-0002/AF. U.S. v. Claude F. WHITE, Jr. CCA 33583. Review granted on the following issue:
No. 00-0183/NA. U.S. v. Odlemer CUETOPAULINO. CCA 99-0300.
No. 00-0184/NA. U.S. v. Brandon R. CRAIG. CCA 99-1101.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-060
Wednesday, January 05, 2000
INTERLOCUTORY ORDERS
No. 99-0546/AF. U.S. v. Patrick R. HERYFORD. CCA 33249. Appellee's motion to substitute corrected page granted.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-061
Thursday, January 06, 2000
ORDERS GRANTING PETITION FOR REVIEW
No. 99-0944/AR. U.S. v. Jeffery L. AYERS, Sr. CCA 9701847. Review granted on the following issues:
II. WHETHER THE MILITARY JUDGE ERRED BY FAILING TO INSTRUCT ON THE MISTAKE OF FACT DEFENSE REGARDING CHARGE III, SPECIFICATIONS 2 AND 3 (INDECENT ASSAULT).
III. WHETHER THE EVIDENCE IS LEGALLY INSUFFICIENT TO PROVE THAT CASCOM&FL REGULATION 600-27 WAS A LAWFUL GENERAL REGULATION.
IV. WHETHER THE RECORD OF TRIAL IS NOT PROPERLY AUTHENTICATED.
V. WHETHER APPELLANT WAS PREJUDICED BY THE APPEARANCE OF UNLAWFUL COMMAND INFLUENCE WHERE THE CONVENING AUTHORITY WHO REFERRED THE CHARGES AND THE PANEL MEMBERS WHO SAT ON APPELLANT’S COURT-MARTIAL WERE EXPOSED TO PREJUDICIAL AND INFLAMMATORY PRETRIAL PUBLICITY CONCERNING COMMENTS MADE BY THE SECRETARY OF DEFENSE, THE SECRETARY OF THE ARMY, THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF, THE CHIEF OF STAFF OF THE ARMY, THE TRADOC COMMANDER AND OTHER HIGH-RANKING OFFICIALS WITH THE MILITARY CONCERNING THE CLASS OF CASES UNDER WHICH APPELLANT FELL.
No. 98-0037/MC. U.S. v. Kevin M. HOLT. CCA 94-2003.
No. 98-0434/MC. U.S. v. Kasie L. DAWSON. CCA 96-2394.
INTERLOCUTORY ORDERS
No. 00-0074/NA. U.S. v. Donnie M. BOLERJACK. CCA 98-1500. Appellee's motion to extend time to file answer to supplement to petition for grant of review granted to February 2, 2000.
No. 99-0399/MC. U.S. v. Jose D. AVILA, Jr. CCA 97-0776. Appellant's motion to attach excerpts from the special court-martial of United States v. Spores denied.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-062
Friday, January 07, 2000
APPEALS - SUMMARY DISPOSITIONS
No. 99-0859/AF. U.S. v. Clinton CALHOUN III. CCA 32314. 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 hereby 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. 99-0859/AF. U.S. v. Clinton CALHOUN III. CCA 32314. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0185/AF. U.S. v. Jonathan B. WAMSER. CCA 33780.
No. 00-0186/AF. U.S. v. Tommy E. LIGHTFOOT. CCA S29576.
No. 00-0187/AF. U.S. v. Allen D. CAHILL. CCA 33831.
No. 00-0188/AF. U.S. v. Michael E.J. BURKE. CCA 33747.
INTERLOCUTORY ORDERS
No. 00-0075/AR. U.S. v. Lawrence N. PRINCE, Jr. CCA 9701353. Appellee's motion to file ten day letter out of time granted.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-063
Monday, January 10, 2000
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0189/AR. U.S. v. Ronald JONES, Jr. CCA 9900676.
No. 00-0190/AR. U.S. v. Terrance L. WILLIAMS. CCA 9900359.
No. 00-0191/AF. U.S. v. Alvin S. JONES. CCA S29695.
No. 00-0192/MC. U.S. v. Moses SALINAS. CCA 98-1201.
No. 00-0193/MC. U.S. v. Justin W. GREGORY. CCA 98-2198.
INTERLOCUTORY ORDERS
No. 99-0024/MC. U.S. v. William J. LAY. CCA 97-1542. Appellee's motion to attach documents granted.
No. 99-0546/AF. U.S. v. Patrick R. HERYFORD. CCA 33249. Appellant's motions to substitute corrected appendix and corrected pages granted.
No. 99-0582/AF. U.S. v. Michael E. KNIGHT. CCA 32754. Appellee's motion to substitute corrected pages granted.
No. 99-0811/MC. U.S. v. Rockey J. REED. CCA 97-1378. Appellant's motion to extend time to file final brief granted to January 25, 2000.
No. 99-0844/MC. U.S. v. Keith R. PAALUHI. CCA 97-0321. Appellee's motion to extend time to file answer to final brief granted, but only up to and including January 28, 2000; absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 99-0853/NA. U.S. v. Clifton L. MANNS. CCA 98-0641. Appellant's second motion to extend time to file final brief granted, but only up to and including January 28, 2000; absent extraordinary circumstances, no further extension of time will be granted in this case.
MANDATES ISSUED
No. 98-0037/MC. U.S. v. Kevin M. HOLT. CCA 94-2003.
No. 98-0434/MC. U.S. v. Kasie L. DAWSON. CCA 96-2394.
No. 98-1118/NA. U.S. v. Michael CARDREON. CCA 97-0015.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-064
Tuesday, January 11, 2000
HEARINGS
No. 99-0256/AR. U.S. v. Michael R. ARMSTRONG. CCA 9601966.
No. 99-0311/AR. U.S. v. Brant D. PFISTER. CCA 9600589.
No. 99-0365/MC. U.S. v. Todd A. NAPOLITANO. CCA 97-0675.
No. 99-0571/NA. U.S. v. Todd A. TITTEL. CCA 97-1224.
No. 99-5003/NA. U.S. v. Derreck D. BYRD, Jr. CCA 95-0907.
INTERLOCUTORY ORDERS
No. 99-0224/AR. U.S. v. Hector RODRIGUEZ. CCA 9700189. Appellee's motion to reschedule oral argument granted.
No. 99-0953/AR. U.S. v. Rohan G.R. WILSON. CCA 9700659. On consideration of the motion filed by Colonel Adele H. Odegard to withdraw the United States Army Defense Appellate Division from the representation of appellant, it appears that appellant has alleged that his primary military defense counsel is ineffective and requested substitution of counsel but upon investigation of the matter Colonel Odegard has concluded the allegation is meritless. It further appears that upon being advised that substitute counsel would not be appointed that appellant objected to the continued representations of assigned counsel and filed a motion with this Court for appointment of counsel. Accordingly, it is ordered that appellant, on or before February 11, 2000, show good cause to require substitution of counsel and why the motion to withdraw should not be granted and why he should not be required to represent himself if good cause to substitute counsel is not presented to the Court.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-065
Wednesday, January 12, 2000
HEARINGS
No. 99-0306/MC. U.S. v. James D. GUTHRIE. CCA 95-1697.
No. 99-0399/MC. U.S. v. Jose D. AVILA, Jr. CCA 97-0776.
No. 99-0546/AF. U.S. v. Patrick R. HERYFORD. CCA 33249.
No. 99-0582/AF. U.S. v. Michael E. KNIGHT. CCA 32754.
APPEALS - SUMMARY DISPOSITIONS
No. 98-0389/AR. U.S. v. James O. WRIGHT. CCA 9601769. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, said petition is hereby granted and the decision of the United States Army Court of Criminal Appeals on remand is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 98-0389/AR. U.S. v. James O. WRIGHT. CCA 9601769. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 00-0029/AF. U.S. v. Juan L. NEGRON-LUGO. CCA S29669.
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0194/AR. U.S. v. William J. PHILLIPS. CCA 9501353.
No. 00-0195/AR. U.S. v. Kenny W. SCOTT. CCA 9801674.
No. 00-0196/MC. U.S. v. Raul RAMIREZ. CCA 99-1121.
INTERLOCUTORY ORDERS
No. 99-0546/AF. U.S. v. Patrick R. HERYFORD. CCA 33249. Appellant's motion to strike denied.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-066
Thursday, January 13, 2000
HEARINGS
No. 99-0418/AR. U.S. v. Donald L. GARREN. CCA 9700732.
No. 99-0556/AR. U.S. v. Benjamin JOHNSON. CCA 9602016.
No. 99-0570/MC. U.S. v. Robert DIFFOOT. CCA 97-0515.
No. 99-0584/NA. U.S. v. Charles R. ROSENDAHL. CCA 96-1073.
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0197/AR. U.S. v. Lance A. FAULKNER. CCA 9801346.
No. 00-0198/AR. U.S. v. Wardell SINGLETON, III. CCA 9900398.
No. 00-0199/MC. U.S. v. John G. RICHARDS. CCA 98-1935.
PETITIONS FOR RECONSIDERATION DENIED
No. 99-0750/MC. U.S. v. Carl D. DAGNESE. CCA 97-0212. Appellant’s petition for reconsideration of the decision denying appellant’s motions to file supplemental reasons for granting review pursuant to United States v. Grostefon, 12 MJ 431 (CMA 1982), denied.
INTERLOCUTORY ORDERS
No. 00-0063/NA. U.S. v. Glenn D. LEHMAN. CCA 97-1394. Appellee's motion to file answer to supplement to petition for grant of review out of time granted.
No. 00-0141/MC. U.S. v. Ricardo GOMEZARROYO. CCA 99-0286. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 14, 2000.
No. 00-6001/NA. U.S. v. Walter S. STEVENSON. CCA 99-0769. Appellee's motion to extend time to file answer granted to February 11, 2000.
No. 99-0640/AR. U.S. v. Michael G. NEW. CCA 9600263. Appellant's motion to correct errata granted.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-067
Friday, January 14, 2000
APPEALS – SUMMARY DISPOSITIONS
No. 00-0009/MC. U.S. v. Alejandro SOTO. CCA 97-1024. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, said petition is hereby granted and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 00-0009/MC. U.S. v. Alejandro SOTO. CCA 97-1024. [See also APPEALS - SUMMARY DISPOSITIONS this date.]
No. 99-0925/MC. U.S. v. Charles M. KHO. CCA 98-1646. Review granted on the following issue:
No. 00-0004/AF. U.S. v. Nathan E. LEBLANG. CCA 32925.
No. 00-0008/AF. U.S. v. Tyrone T. BROWN. CCA 33334.
No. 00-0013/AR. U.S. v. Corwin L. SHORTER. CCA 9800905.
No. 00-0032/NA. U.S. v. Joseph R. BRIDGERS. CCA 99-0058.
No. 00-0054/AF. U.S. v. Jonah P. STREFF. CCA 33292.
No. 00-0078/AF. U.S. v. Shannon T. CADENA. CCA 32921.
No. 00-0091/MC. U.S. v. Rance E. JONES. CCA 98-1789.
No. 99-0988/AR. U.S. v. Michael J. WILLIAMS. CCA 9700228.
No. 99-1005/MC. U.S. v. Gerald C. RYLANDER. CCA 98-1282.
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0200/NA. U.S. v. Galen E. SOTHEN. CCA 98-0738.
No. 00-0201/NA. U.S. v. Jeremy D. SIMONS. CCA 99-1440.
No. 00-0202/MC. U.S. v. Jamie ROYALS. CCA 99-0552.
No. 00-0203/AF. U.S. v. Daniel R. DEWRELL. CCA 33085.
No. 00-0204/AF. U.S. v. John A. FLORES. CCA S29697.
No. 00-0205/AF. U.S. v. Rafael M. ROBLES. CCA 33500.
No. 00-0206/AF. U.S. v. Andrew R. TORKELSON. CCA 33746.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-068
Tuesday, January 18, 2000
ORDERS GRANTING PETITION FOR REVIEW
No. 99-0666/NA. U.S. v. Marion H. TANKSLEY. CCA 96-1402. Review granted on the following issues:
II. WHETHER THE LOWER COURT ERRED IN FAILING TO FIND THAT APPELLANT WAS MATERIALLY PREJUDICED BY THE MEMBERS’ CONSIDERATION OF EVIDENCE THAT APPELLANT HAD BEEN OFFERED AND REFUSED TO SUBMIT TO A POLYGRAPH EXAMINATION.
III. WHETHER THE LOWER COURT ERRED IN FAILING TO FIND THAT APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO COUNSEL WHERE THE GOVERNMENT SEIZED A PRIVILEGED DOCUMENT APPELLANT WAS PREPARING FOR HIS ATTORNEY AND USED THAT DOCUMENT TO INVESTIGATE AND PREFER ADDITIONAL CHARGES AGAINST APPELLANT.
IV. WHETHER THE LOWER COURT ERRED IN FAILING TO FIND THAT THE MEMBERS WERE IMPROPERLY INSTRUCTED THAT THEY COULD CONSIDER THE TESTIMONY OF J. REGARDING ALLEGED FONDLING THAT HAD OCCURRED 30 YEARS PRIOR AS EVIDENCE OF THE INTENT ELEMENT OF THE INDECENT LIBERTIES CHARGE.
No. 00-0028/AR. U.S. v. Angela L. JAMES. CCA 9701225.
No. 00-0055/AF. U.S. v. Kristopher S. KUDLA. CCA S29682.
No. 00-0064/AR. U.S. v. David W. GINN. CCA 98-1509.
No. 00-0068/AR. U.S. v. Derrick D. JACKSON. CCA 9800670.
No. 00-0069/AF. U.S. v. Jeremiah M. HOWARD. CCA 33699.
No. 00-0077/AF. U.S. v. Adam M. FORD. CCA 33213.
No. 00-0080/AF. U.S. v. Stephen D. BROOKS, Jr. CCA 33646.
No. 00-0081/NA. U.S. v. Norma L. DELGADO. CCA 99-1018.
No. 00-0082/MC. U.S. v. Anthony J. BUSINELLE. CCA 99-1037.
No. 00-0083/MC. U.S. v. Jackie E. MCCOY, Jr. CCA 99-0786.
No. 00-0086/AF. U.S. v. Latrise C. MORRIS. CCA S29519.
No. 00-0088/MC. U.S. v. Anthony L. COSTELLIA. CCA 99-0916.
No. 00-0093/MC. U.S. v. Alejandro SERRANO. CCA 98-1260.
No. 00-0100/AF. U.S. v. Joo H. PASCUAL. CCA 33665.
No. 00-0101/AF. U.S. v. Marmeka L. SWINSON. CCA 33756.
No. 00-0103/AR. U.S. v. David B. BOWERS. CCA 9801149.
No. 00-0114/AR. U.S. v. Casey L. JONES. CCA 9801010.
No. 00-0117/AF. U.S. v. Alisa D. KIRBY. CCA S29713.
No. 00-0122/AR. U.S. v. Justin TUCKER. CCA 9900407.
No. 00-0125/AF. U.S. v. James L. MACKY, Jr. CCA 33689.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 00-0105/AF. U.S. v. Eric L. BOOKEY. CCA S29542. Appellant's motion to withdraw petition for grant of review granted.
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0207/AF. U.S. v. Charles D. BINEGAR. CCA 32854.
INTERLOCUTORY ORDERS
No. 00-0039/AR. U.S. v. Arther L. BREWER. CCA 9701710. Appellant's motions to admit appellate exhibits and to substitute affidavit granted.
No. 99-0547/AR. U.S. v. Paul E. GRIER. CCA 9700651. Appellee's motion to correct errata granted.
No. 99-0915/MC. U.S. v. Noel A. PINEDA. CCA 98-1659. Appellant's motions to attach affidavit and for enlargement of time to file a response to the government’s opposition denied.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-069
Wednesday, January 19, 2000
HEARINGS
No. 99-0301/NA. U.S. v. Jerry D. MOOLICK. CCA 97-0521.
No. 99-0419/AR. U.S. v. Homer R. LANGSTON. CCA 9700358.
No. 99-0547/AR. U.S. v. Paul E. GRIER. CCA 9700651.
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0208/MC. U.S. v. Arkaduisz STAWICKI. CCA 98-1931.
No. 00-0209/MC. U.S. v. Steven D. DAVISSON. CCA 99-0134.
No. 00-0210/MC. U.S. v. John R. CLOUGH. CCA 99-0183.
No. 00-0211/MC. U.S. v. Jonathan GUTIERREZ. CCA 99-0678.
No. 00-0212/AF. U.S. v. Duane N. MILLER. CCA 33807.
No. 00-0213/AF. U.S. v. Garrett J. NUNN. CCA 33802.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-070
Thursday, January 20, 2000
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 00-0162/AF. U.S. v. Karl R. RAMM, II. CCA 33721. Appellant’s motion to withdraw petition for grant of review granted.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 00-8004/AR. David R.E. HALE, petitioner, v. United States, respondent. Petition for extraordinary relief in the nature of a writ of mandamus filed under Rule 27(a).
INTERLOCUTORY ORDERS
No. 00-0099/AF. U.S. v. Shelby B. FORREST. CCA 32707. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including February 9, 2000; absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 97-0844/NA. U.S. v. Bobby W. ANDERSON. CCA 96-0152. Appellee's motion to extend time to file answer to supplement to petition for grant of review granted to February 28, 2000.
No. 99-0399/MC. U.S. v. Jose D. AVILA, Jr. CCA 97-0776. Appellant's motion to amend his prayer for relief granted.
No. 99-0703/NA. U.S. v. Tonia L. GLOVER. CCA 98-1603. Appellant's second motion to extend time to file final brief granted up to and including January 25, 2000.
No. 99-0788/AF. U.S. v. James M. ALLEN. CCA 32727. Appellant's motion to extend time to file final brief granted up to and including January 24, 2000.
No. 99-0838/AF. U.S. v. Shelley S. ROGERS. CCA 32711. Appellant's motion to extend time to file final brief granted, but only up to and including February 7, 2000; absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 99-0912/NA. U.S. v. Aaron P. PRITT. CCA 98-1660. Appellant's motion to extend time to file reply brief denied. Counsel for appellant shall forthwith file any desired reply. See Rule 19(a)(7)(B).
No. 99-0974/AR. U.S. v. Reinaldo MONTANEZ-PITRE. CCA 9701865. On consideration of the motion filed by Colonel Adele H. Odegard to withdraw the United States Army Defense Appellate Division from the representation of appellant, it appears that appellant has alleged that his primary military appellate defense counsel is ineffective but has declined to discuss the basis of such allegations with counsel’s supervisor. Accordingly, it is ordered that appellant, on or before February 22, 2000, show good cause to require substitution of counsel and why the motion to withdraw should not be granted and why he should not be required to represent himself if good cause to substitute counsel is not presented to the Court.
Misc. No. 00-8003/AR. United States, appellee, v. Vernell ROBINSON, Jr., appellant. CCA 9901112. On consideration of the writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue specified by the Court:
No briefs will be filed.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-071
Friday, January 21, 2000
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0214/AR. U.S. v. Philemon XIONG. CCA 9801664.
No. 00-0215/AF. U.S. v. Christopher G. ROBB. CCA 32857.
No. 00-0216/AF. U.S. v. Leonard R. TAYLOR, Jr. CCA 33083.
No. 00-0217/AF. U.S. v. Andrew C. FRENCH. CCA S29533.
No. 00-0218/NA. U.S. v. Thomas A. GOODCHILD, Jr. CCA 99-0009.
No. 00-0219/NA. U.S. v. Cedric E. DANNS. CCA 98-1719.
No. 00-0220/NA. U.S. v. Brian P. COMPTON. CCA 99-0737.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-072
Monday, January 24, 2000
CORRECTED
APPEALS - SUMMARY DISPOSITIONS
No. 98-0946/AR. U.S. v. Charles G. KNIGHT. CCA 9700322. 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.]
Judge Effron did not participate in the Court’s prior action on this case. See 52 MJ 47 (1999). 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. 98-1071/AR. U.S. v. Willie L. VERTISON. CCA 9600303. 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.]
Judge Effron did not participate in the Court’s prior action on this case. (Daily Journal, July 15, 1999). 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. 99-0803/NA. U.S. v. Frederick L. COZART. CCA 97-1396. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, said petition is hereby granted on the following issue:
Judge Effron did not participate in this decision. See United States v. Gorski, 48 MJ 317, 324, n. 9. This is without prejudice to his future participation in this case should it subsequently be presented to the Court in a manner that does not require determination of the application of the Ex Post Facto Clause to 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).
ORDERS GRANTING PETITION FOR REVIEW
No. 98-0946/AR. U.S. v. Charles G. KNIGHT. CCA 9700322. [See also APPEALS - SUMMARY DISPOSITIONS this date.]
No. 98-1071/AR. U.S. v. Willie L. VERTISON. CCA 9600303. [See also APPEALS - SUMMARY DISPOSITIONS this date.]
No. 99-0560/NA. U.S. v. Kerry V. LYNN. CCA 97-1482. Review granted on the following issue:
No. 00-0076/AR. U.S. v. Anthony J. BAUMANN. CCA 9701765. Review granted on the following issue:
No. 93-0157/AF. U.S. v. Charles M. HANEY, Jr. CCA 29000. 1/
No. 98-0938/AR. U.S. v. Benjamin T. FIELD. CCA 9700785. 2/
No. 00-0221/AR. U.S. v. Cameron L. WOOLCOTT. CCA 9900328.
No. 00-0222/NA. U.S. v. Perry E. LINDSAY. CCA 97-1643.
No. 00-0223/MC. U.S. v. Thomas A. TRAMAGCIA. CCA 99-0466.
No. 00-0224/NA. U.S. v. Erik G. VASQUEZ. CCA 99-0051.
No. 00-0225/NA. U.S. v. Patrick C. NEWMAN. CCA 99-1439.
INTERLOCUTORY ORDERS
No. 95-0865/AR. U.S. v. Hershell VEAL. CCA 9601448. Appellant's motion for 11-day extension of time to file supplement to petition for grant of review granted to January 31, 2000.
No. 99-0560/NA. U.S. v. Kerry V. LYNN. CCA 97-1482. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, we note that both parties have attached materials to their pleadings which are not properly before this Court because no motions to admit the attached materials have been filed. Accordingly, it is ordered that materials in the appendices to the pleadings are returned to the parties and will be considered only if appropriate motions are filed and granted by the Court. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
No. 99-0788/AF. U.S. v. James M. ALLEN. CCA 32727. Appellant's motion to file brief in excess of fifty pages granted.
No. 99-0915/MC. U.S. v. Noel A. PINEDA. CCA 98-1659. Appellee's motion to extend time to file answer to final brief granted, but only up to and including February 7, 2000; absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 00-0096/AR. U.S. v. Maurice RUSH. CCA 9701687. Appellant's motion for 2-week extension of time to file supplement to petition for grant of review granted to February 3, 2000.
No. 00-0152/NA. U.S. v. Ronald
J. HURST. CCA 99-0639. Appellant's motion to extend time to file supplement
to petition for grant of review granted to February 22, 2000.
__________
1/ Third
petition filed in same case.
2/ Second
petition filed in same case.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-073
Thursday, January 27, 2000
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0226/AR. U.S. v. James E. LUTZ. CCA 9801265.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-074
Friday, January 28, 2000
PETITIONS FOR GRANT OF REVIEW FILED
No. 97-0390/MC. U.S. v. James M. BROOKS. CCA 95-1182.*
No. 00-0227/NA. U.S. v. Shawn M. PROMIN. CCA 98-0929.
No. 00-0228/NA. U.S. v. Jorge T. FERREIRA. CCA 98-0855.
No. 00-0229/AR. U.S. v. Gordon L. DABNEY. CCA 9701682.
No. 00-0230/AF. U.S. v. Kris C. COLE. CCA 33833.
No. 00-0231/AF. U.S. v. Thomas
N. EDDINS. CCA 33770.
_____
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-075
Monday, January 31, 2000
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 00-0090/AR. U.S. v. Jason A. DUBOIS. CCA 9801543. Appellant’s motion to file petition for grant of review out of time denied.
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0232/AF. U.S. v. Paula C. STEWART. CCA 33097.
No. 00-0233/AF. U.S. v. Brent D. PRESCOTT. CCA 33373.
No. 00-0234/AF. U.S. v. Jarvis C. KNIGHT, Jr. CCA 33514.
No. 00-0235/AF. U.S. v. Henry A. FLORES. CCA 33443.
No. 00-0236/AF. U.S. v. William L. COCHRAN. CCA 32928.
INTERLOCUTORY ORDERS
No. 00-0104/AR. U.S. v. Holly M. BALDWIN. CCA 9800230. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only to February 15, 2000; absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 00-0126/AF. U.S. v. Craig L. SIMPSON. CCA 32749. Appellant's second motion to extend time to file supplement to petition for grant of review granted to February 3, 2000.
No. 98-1023/AR. U.S. v. Keith HENRY. CCA 9402015. Appellee’s request for reconsideration of request for delay granted; appellee’s motions to admit affidavit out of time and to admit exhibit out of time granted.
No. 99-0853/NA. U.S. v. Clifton L. MANNS. CCA 98-0641. Appellant's third motion to extend time to file final brief granted up to and including February 1, 2000.
No. 99-0974/AR. U.S. v. Reinaldo MONTANEZ-PITRE. CCA 9701865. Appellant's fifth motion to extend time to file supplement to petition for grant of review granted to Feburary 22, 2000.