UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-080
Wednesday, January 31, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0243/AR. U.S. v. John A. WHITTEN. CCA 9900373.

No. 01-0244/AR. U.S. v. James M. WALDEN. CCA 9900878.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-079
Tuesday, January 30, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0242/MC. U.S. v. Guillermo A. DOUGLAS. CCA 200000569.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 01-8013/NA. United States, appellee, v. Jason R. STONEWALL, appellant. CCA 00-1525. On consideration of the writ-appeal petition and appellee’s motion to attach, it is ordered that said petition is hereby denied without prejudice to appellant’s right to raise the issue asserted in the petition during the course of normal appellate review; and that appellee’s motion to attach is denied as moot.

INTERLOCUTORY ORDERS

No. 00-0301/MC. U.S. v. Glenn E. HURN. CCA 98-0200. Motion of Amicus Curiae for student to present oral argument filed by the Georgetown University Law Center, Appellate Litigation Program, granted.

No. 01-0176/NA. U.S. v. Jannas E. BROWN-COLLINS. CCA 98-0503. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 5, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-078
Monday, January 29, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0231/AR. U.S. v. Bobby DANTZLER. CCA 9800645.

No. 01-0232/AR. U.S. v. Jose RAMIREZ, Jr. CCA 9900380.

No. 01-0233/AR. U.S. v. Wayne A. TYKWARD. CCA 20000340.

No. 01-0234/AF. U.S. v. Johnathan Q. WALKER. CCA S29798.

No. 01-0235/AF. U.S. v. Paul R. BURK. CCA S29822.

No. 01-0236/AF. U.S. v. Wade R. COLEMAN. CCA S29618.

No. 01-0237/AF. U.S. v. Todd M. DAVIS. CCA 33265.

No. 01-0238/AF. U.S. v. Chane D. DUSTIN. CCA S29784.

No. 01-0239/AF. U.S. v. Scott A. FALANY. CCA 34112.

No. 01-0240/AF. U.S. v. Antony W. PHILLIPS. CCA 33730.

No. 01-0241/AF. U.S. v. Hanalei M. TERLEP. CCA 33408.

INTERLOCUTORY ORDERS

No. 01-0055/AF. U.S. v. Marco A. ROBLES. CCA 33394. Appellee's motion out of time to extend time to file an answer to supplement to petition for grant of review granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-077
Friday, January 26, 2001

APPEALS - SUMMARY DISPOSITIONS

No. 01-0049/AR. U.S. v. Terrence C. HERNDON. CCA 9800600. On consideration of the granted issue in this case, it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside; that the record of trial is hereby returned to that court for further review in light of the question of the qualification of the military judge which has been raised for the first time on appeal before this Court; and that, thereafter, Article 67(a), Uniform Code of Military Justice, 10 USC § 867(a) (1994), shall apply.

No. 01-0057/AR. U.S. v. Kirk S. BYINGTON. CCA 9800580. On consideration of the granted issue in this case, it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside; that the record of trial is hereby returned to that court for further review in light of the question of the qualification of the military judge which has been raised for the first time on appeal before this Court; and that, thereafter, Article 67(a), Uniform Code of Military Justice, 10 USC § 867(a) (1994), shall apply.

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0633/AR. U.S. v. Richard A. KINNEY. CCA 9800451. Review granted on the following issue:

WHETHER THE MILITARY JUDGE ERRED BY RULING THAT THE GOVERNMENT DID NOT HAVE TO PERFORM A NATIONAL CRIMINAL RECORDS CHECK ON WITNESSES THAT TESTIFIED FOR THE GOVERNMENT, AS REQUESTED BY APPELLANT, EVEN THOUGH THE GOVERNMENT HAD EXCLUSIVE ACCESS TO THE REQUESTED INFORMATION.
PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0228/AR. U.S. v. Ronnie C. FRISON. CCA 20000058.

No. 01-0229/AR. U.S. v. Anthony E. SPARKS. CCA 9901000.

No. 01-0230/AR. U.S. v. James J. COTTON. CCA 9900762.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 01-8015/CG. United States, respondent, v. George M. PARADA, petitioner. CCA 1100. Petitioner’s motion to withdraw petition for extraordinary relief granted.

Misc. No. 01-8016/CG. United States, respondent, v. Brian E. MARCHAND, petitioner. CCA 1112. Petitioner’s motion to withdraw petition for extraordinary relief granted.

Misc. No. 01-8017/CG. United States, respondent, v. Sean M. TARDIFF, petitioner. CCA 1141. Petitioner’s motion to withdraw petition for extraordinary relief granted.

Misc. No. 01-8018/CG. United States, respondent, v. David E. LaBEAN, petitioner. CCA 1139. Petitioner’s motion to withdraw petition for extraordinary relief granted.

Misc. No. 01-8019/CG. United States, respondent, v. Brent H. OLEAN, petitioner. CCA 1107. Petitioner’s motion to withdraw petition for extraordinary relief granted.

Misc. No. 01-8020/CG. United States, respondent, v. Mike OSUNA, petitioner. CCA 1122. Petitioner’s motion to withdraw petition for extraordinary relief granted.

Misc. No. 01-8021/CG. United States, respondent, v. Joseph P. REDLINSKI, petitioner. CCA 1116. Petitioner’s motion to withdraw petition for extraordinary relief granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-076
Thursday, January 25, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0049/AR. U.S. v. Terrence C. HERNDON. CCA 9800600. Review granted on the following issue:

WHETHER THE MILITARY JUDGE WAS DISQUALIFIED UNDER ARTICLE 26(b), UCMJ, BECAUSE HER MEMBERSHIP IN THE BAR OF PENNSYLVANIA WAS INACTIVE AT THE TIME OF APPELLANT’S COURT-MARTIAL, AND, IF SO, WHETHER HER INACTIVE STATUS CONSTITUTES A JURISDICTIONAL DEFECT. No. 01-0057/AR. U.S. v. Kirk S. BYINGTON. CCA 9800580. Review granted on the following issue: WHETHER THE MILITARY JUDGE IN APPELLANT’S CASE WAS DISQUALIFIED UNDER ARTICLE 26(b), UCMJ, BECAUSE HER MEMBERSHIP IN THE BAR OF PENNSYLVANIA WAS INACTIVE AT THE TIME THAT SHE ARRAIGNED APPELLANT AT COURT-MARTIAL, WHICH CONSTITUTES A JURISDICTIONAL DEFECT.
PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0227/MC. U.S. v. Quinton T. GRAHAM. CCA 99-0630.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 01-8015/CG. United States, respondent, v. George M. PARADA, petitioner. CCA 1100. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on January 8, 2001, and placed on the docket this date.

Misc. No. 01-8016/CG. United States, respondent, v. Brian E. MARCHAND, petitioner. CCA 1112. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on January 8, 2001, and placed on the docket this date.

Misc. No. 01-8017/CG. United States, respondent, v. Sean M. TARDIFF, petitioner. CCA 1141. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on January 8, 2001, and placed on the docket this date.

Misc. No. 01-8018/CG. United States, respondent, v. David E. LaBEAN, petitioner. CCA 1139. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on January 8, 2001, and placed on the docket this date.

Misc. No. 01-8019/CG. United States, respondent, v. Brent H. OLEAN, petitioner. CCA 1107. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on January 8, 2001, and placed on the docket this date.

Misc. No. 01-8020/CG. United States, respondent, v. Mike OSUNA, petitioner. CCA 1122. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on January 8, 2001, and placed on the docket this date.

Misc. No. 01-8021/CG. United States, respondent, v. Joseph P. REDLINSKI, petitioner. CCA 1116. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on January 8, 2001, and placed on the docket this date.

INTERLOCUTORY ORDERS

No. 01-0162/AF. U.S. v. Samuel A. MORSE. CCA 33566. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 16, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-075
Wednesday, January 24, 2001

APPEALS - SUMMARY DISPOSITIONS

No. 00-0693/AF. U.S. v. Jose F.S. SIMOY. CCA 30496. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted; and that 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. 00-0693/AF. U.S. v. Jose F.S. SIMOY. CCA 30496. [See also APPEALS - SUMMARY DISPOSITIONS this date.]

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0629/AR. U.S. v. Guy R. PATTERSON. CCA 9701464.

No. 01-0086/AF. U.S. v. Tyrone M. WHITE. CCA 34009.

No. 01-0089/AF. U.S. v. Heleodoro MORA. CCA 34151.

No. 01-0100/AF. U.S. v. Jacob M. GREIFER. CCA 34180.

No. 01-0104/AF. U.S. v. Steven CONTRERAS. CCA 34041.

No. 01-0120/MC. U.S. v. James D. MILLER. CCA 20-0001033.

No. 01-0121/MC. U.S. v. James E. ROWELL. CCA 99-00724.

No. 01-0125/AF. U.S. v. Timothy L. SMITH. CCA 33910.

No. 01-0126/MC. U.S. v. Joshua S. WENDEL. CCA 200000783.

No. 01-0127/MC. U.S. v. Steven L. DAVIS. CCA 200000510.

No. 01-0132/AR. U.S. v. Andrea L. LESTER. CCA 9900377.

No. 01-0137/NA. U.S. v. Jake M. MCNAMARA. CCA 200000057.

No. 01-0140/AF. U.S. v. Ryan A. WOOD. CCA 34071.

No. 01-0141/AF. U.S. v. Shawndalynn L. WILSON. CCA 34059.

No. 01-0142/AF. U.S. v. Carl A. WEBER, IV. CCA 34050.

No. 01-0145/AF. U.S. v. Justin A. HANDYSIDE. CCA 34043.

No. 01-0149/AF. U.S. v. John N. LEWIS. CCA 34175.

No. 01-0172/AF. U.S. v. Brandon J. CATLEDGE. CCA S29839.

No. 01-0173/AF. U.S. v. Clifford C. ROBOTHAM, II. CCA S29812.

No. 01-0174/AF. U.S. v. Leo E. SATTERWHITE. CCA 34164.

INTERLOCUTORY ORDERS

No. 00-0384/AR. U.S. v. Willie J. WILLIAMSON, Jr. CCA 9702022. On consideration of the petition for grant of review and the supplement thereto, it is ordered that appellate defense counsel shall file on or before February 26, 2001, an additional supplement addressing the following issue:

WHETHER UNLAWFUL COMMAND INFLUENCE OCCURRED WITH RESPECT TO THIS CASE. Counsel representing the appellee shall file an answer within 30 days after the filing of appellant’s brief.

No. 01-0114/AR. U.S. v. Patrick A. BARKLEY. CCA 9900910. Appellant's second motion to extend time to file supplement to petition for grant of review granted up to and including February 7, 2001; absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0116/MC. U.S. v. Daniel A. MCALISTER. CCA 99-1173. Appellant's second motion to extend time to file supplement to petition for grant of review granted up to and including February 2, 2001; absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0138/NA. U.S. v. Anne M. JARDINE. CCA 200000330. Appellant's motion to submit corrected supplement to petition for grant of review granted.

No. 01-0158/AR. U.S. v. James GREEN, III. CCA 9900141. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 15, 2001.

No. 01-0168/AR. U.S. v. Thomas F. ARMSTRONG. CCA 9600445. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 22, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-074
Tuesday, January 23, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0577/AR. U.S. v. Nura L. SALES. CCA 9602005. Review granted on the following issues:

I. WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED TO THE MATERIAL PREJUDICE OF APPELLANT'S SUBSTANTIAL RIGHTS IN REFUSING TO ORDER A DUBAY HEARING TO RESOLVE THE FACTUAL CONFLICT BETWEEN AFFIDAVITS CONCERNING APPELLANT'S CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL.

II. WHETHER THE EVIDENCE IS LEGALLY INSUFFICIENT TO PROVE BEYOND A REASONABLE DOUBT THAT APPELLANT WRONGFULLY USED COCAINE.

No. 00-0632/AF. U.S. v. Donna L. BUTCHER. CCA 33519. Review granted on the following issues: I. WHETHER THE MILITARY JUDGE'S DECISION TO NOT DISQUALIFY HIMSELF FROM APPELLANT'S COURT-MARTIAL SHOULD BE REVIEWED ON APPEAL DE NOVO OR AS AN ABUSE OF DISCRETION.   II. WHETHER APPELLANT'S DUE PROCESS RIGHTS TO A FAIR TRIAL UNDER THE CONSTITUTION AND RECUSAL STATUTES WERE VIOLATED WHEN HER CASE WAS HEARD, OVER HER OBJECTION, BY A MILITARY JUDGE WHOSE SOCIAL CONTACT WITH TRIAL COUNSEL BEFORE AND DURING APPELLANT'S COURT-MARTIAL OCCURRED UNDER CIRCUMSTANCES THAT WOULD CAUSE A REASONABLE PERSON WITH KNOWLEDGE OF ALL THE APPLICABLE FACTS TO HAVE A REASONABLE DOUBT REGARDING THE MILITARY JUDGE'S IMPARTIALITY AND WHETHER APPELLANT RECEIVED A FAIR TRIAL.   III. WHETHER THE AIR FORCE COURT ERRED BY FAILING TO DISMISS CHARGE II AND ITS SPECIFICATION (WRONGFUL POSSESSION OF PERCOCET TABLETS) AND CHARGE III AND ITS SPECIFICATION (WILLFUL DERELICTION OF DUTY BY OBTAINING PERCOCET TABLETS WITHOUT AUTHORIZATION) AS AN UNREASONABLE MULTIPLICATION OF CHARGES AFTER APPELLANT WAS CONVICTED OF CHARGE I AND ITS SPECIFICATION (LARCENY OF THE SAME PERCOCET TABLETS) WHEN NO EVIDENCE INDICATED THAT APPELLANT POSSESSED THE PERCOCET TABLETS AFTER SHE SUPPOSEDLY STOLE THEM BY OBTAINING THEM WITHOUT PROPER AUTHORIZATION.
PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0506/AR. U.S. v. Donald A. CLOUD. CCA 9800299.*/

No. 01-0224/AR. U.S. v. Rochester THOMAS. CCA 9502100.

No. 01-0225/NA. U.S. v. Timothy W. BASHA. CCA 99-0806.

No. 01-0226/MC. U.S. v. Lester R. HARRIS. CCA 2000-0354.

MANDATES ISSUED

No. 00-0200/NA. U.S. v. Galen E. SOTHEN. CCA 98-0738.

No. 99-0915/MC. U.S. v. Noel A. PINEDA. CCA 98-1659.

_____

*/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-073
Monday, January 22, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0020/MC. U.S. v. Thomas L. NOURSE. CCA 99-0663. Review granted on the following issue:

WHETHER THE LOWER COURT ERRED IN HOLDING THAT UNCHARGED MISCONDUCT WAS ADMISSIBLE IN SENTENCING WHERE THE UNCHARGED MISCONDUCT DID NOT DIRECTLY RELATE TO THE CHARGED OFFENSES AS REQUIRED BY R.C.M. 1001(b). COMPARE UNITED STATES V. WINGART, 27 MJ 128 (CMA 1988) WITH UNITED STATES V. SHUPE, 36 MJ 431 (CMA 1993). No. 01-0056/AR. U.S. v. Tracie D. STRINGER. CCA 9900211. Review granted on the following issue raised by appellate defense counsel: WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT BY NOT GRANTING CONFINEMENT CREDIT AGAINST HIS SENTENCE TO CONFINEMENT, BECAUSE THE OFFICE OF THE STAFF JUDGE ADVOCATE FAILED TO COMPLY WITH THE MILITARY JUDGE'S ORDER TO PUBLISH A NEWSPAPER ARTICLE DETAILING THE PRETRIAL PUNISHMENT INFLICTED UPON APPELLANT. and the following issue specified by the Court: WHETHER THE MILITARY JUDGE HAD AUTHORITY TO ORDER THE STAFF JUDGE ADVOCATE TO PUBLISH THE NEWSPAPER ARTICLE.
PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0216/AR. U.S. v. Leonardo PAREDES. CCA 9900192.

No. 01-0217/AR. U.S. v. Patrick A. CORDER. CCA 9900529.

No. 01-0218/AR. U.S. v. Kolin R. McGEE. CCA 20000544.

No. 01-0219/AR. U.S. v. Samuel G. WEIGHTMAN. CCA 9901213.

No. 01-0220/AR. U.S. v. Edward J. GOLDSMITH. CCA 9900960.

No. 01-0221/CG. U.S. v. Randy SPENCER. CCA 1129.

No. 01-0222/CG. U.S. v. Daniel F. CZESCHIN. CCA 1125.

No. 01-0223/AF. U.S. v. Larry P. BENJAMIN. CCA 33273.

INTERLOCUTORY ORDERS

No. 00-0301/MC. U.S. v. Glenn E. HURN. CCA 98-0200. Appellant's motion to attach documents denied.

No. 01-0047/AR. U.S. v. Charles W. SIMPSON. CCA 9700925. Appellant's motion for leave to file secondary supplement to petition for grant of review granted.

No. 01-0063/AF. U.S. v. Robert P. CROUCH. CCA 34086. Appellee's motion to attach granted.

No. 01-0083/AR. U.S. v. James W. LLOYD. CCA 9801781. Appellant's second motion to extend time to file supplement to petition for grant of review granted up to and including January 24, 2001; absent extraordinary circumstances no further extension of time will be granted in this case.

Misc. No. 01-8011/NA. United States, appellee, v. David M. PONDER, appellant. CCA 200001320. Appellee’s motion to dismiss for lack of subject matter jurisdiction denied as moot; appellee’s motions to strike and to attach denied as moot.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-072
Friday, January 19, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0213/AR. U.S. v. Crystal D. DUNN. CCA 9901010.

No. 01-0214/AF. U.S. v. Michael W. HAWKINS. CCA 33087.

No. 01-0215/AF. U.S. v. William K. MCMANIGAL. CCA 34098.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 01-8009/MC. United States, appellee, v. Ocean T. ROSE, appellant. CCA 200001187. On consideration of the writ-appeal petition and appellant’s motion to expedite appellant’s request for a stay of proceedings, it is ordered that the petition is hereby denied without prejudice to appellant’s right to raise the issue asserted in the petition during the course of normal appellate review if he is convicted; appellant’s motion is denied as moot.

Misc. No. 01-8010/MC. United States, appellee, v. Matthew D. PERRY, appellant. CCA 200001397. On consideration of the writ-appeal petition, appellee’s motion to substitute and appellant’s motion to expedite appellant’s request for a stay of proceedings, it is ordered that the petition is hereby denied without prejudice to appellant’s right to raise the issue asserted in the petition during the course of normal appellate review if he is convicted; appellee’s motion to substitute is granted; appellant’s motion to expedite appellant’s request for a stay of proceedings below is denied as moot.

Misc. No. 01-8011/NA. United States, appellee, v. David M. PONDER, appellant. CCA 200001320. On consideration of the writ-appeal petition, it is ordered that the petition is hereby denied without prejudice to appellant’s right to raise the issue asserted in the petition during the course of normal appellate review if he is convicted.

Misc. No. 01-8012/MC. United States, appellee, v. Vitalino A. ARROYO, appellant. CCA 200001423. On consideration of the writ-appeal petition, it is ordered that the petition is hereby denied without prejudice to appellant’s right to raise the issue asserted in the petition during the course of normal appellate review if he is convicted.

PETITIONS FOR RECONSIDERATION DENIED

No. 94-0796/AR. U.S. v. Stephen E. BOONE, Jr. CCA 9200231. Appellant's petition for reconsideration of the order of the Court issued on December 8, 2000 denied.

Judge SULLIVAN did not participate in this decision. See United States v. Boone, 48 MJ 380 (1997).

Judge BAKER did not participate in this decision.

INTERLOCUTORY ORDERS

No. 96-1198/AF. U.S. v. Edward L. MITCHELL. CCA 31421. Appellee's motion to extend time to file an answer to final brief granted to January 23, 2001.

No. 00-0577/AR. U.S. v. Nura L. SALES. CCA 9602005. Appellant's motion to abate proceedings to allow appellant to file additional matters pursuant to United States v. Grostefon, 12 MJ 431 (CMA 1982), denied.

No. 01-0023/AF. U.S. v. Michael A. CLARK. CCA 33043. Appellant's motion to submit documents granted.

No. 01-0063/AF. U.S. v. Robert P. CROUCH. CCA 34086. Appellant's motion to submit documents granted for the limited purpose of resolving the issue raised in the supplement to petition for grant of review.

No. 01-0084/AR. U.S. v. Shawn H. RICHARDS. CCA 9700809. Appellant’s motion for leave to file supplemental documents denied.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-071
Thursday, January 18, 2001

RETURN OF RECORD FROM COURT OF CRIMINAL APPEALS

No. 98-0264/AR. U.S. v. Jason S. WESLEY. CCA 9700164. Notice is hereby given that the record was returned to the Clerk’s Office in accordance with the order of this Court dated March 28, 2000, and has been referred to the Court for further consideration.

No. 99-0705/AR. U.S. v. Vance R. LASUEUR. CCA 9700803. Notice is hereby given that the record was returned to the Clerk’s Office in accordance with the order of this Court dated March 28, 2000, and has been referred to the Court for further consideration.

INTERLOCUTORY ORDERS

No. 01-0153/AR. U.S. v. Kenneth D. BUCKLER. CCA 9900670. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 16, 2001.

No. 01-0166/MC. U.S. v. Daryl S. MCGONIOLE. CCA 200000307. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 20, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-070
Wednesday, January 17, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0517/AF. U.S. v. Joshawah S. ALBERTER. CCA 33933. Review granted on the following issue:

WHETHER THE MILITARY JUDGE WAS DISQUALIFIED UNDER ARTICLE 26(b), UCMJ, BECAUSE HIS UTAH LICENSE TO PRACTICE LAW WAS IN AN INACTIVE STATUS AT THE TIME OF APPELLANT'S COURT-MARTIAL WHICH CONSTITUTES A JURISDICTIONAL DEFECT IN THE PROCEEDINGS, VIOLATES AIR FORCE INSTRUCTION 51-103, AND CONTRAVENES AN 8 MAY 1997 TJAG LETTER. No. 00-0655/AF. U.S. v. Tana R. TANNER. CCA 33867. Review granted on the following issues: I. WHETHER THE AIR FORCE COURT CORRECTLY DECIDED THAT IT WAS PROPER FOR THE MILITARY JUDGE TO INSTRUCT THE MEMBERS THAT THEY COULD INFER KNOWING USE MERELY BECAUSE THE DRUG WAS IN APPELLANT'S URINE, WHETHER THIS INSTRUCTION DILUTED THE EVIDENCE THE UCMJ REQUIRES TO PROVE WRONGFUL DRUG USE AND WHETHER IT CONFLICTS WITH THE DECISIONS RENDERED BY THIS COURT IN UNITED STATES V. CAMPBELL AND UNITED STATES V. BROWN.

II. WHETHER THE AIR FORCE COURT CORRECTLY DECIDED THAT ALTHOUGH APPELLATE EXHIBIT XI SHOWED THAT THE TECHNICIAN WHO TESTED APPELLANT'S URINE WAS UNTRAINED AND UNCERTIFIED, THERE WAS STILL SUFFICIENT EVIDENCE TO ESTABLISH EACH ELEMENT OF THE CHARGED OFFENSE AND WHETHER THE AIR FORCE COURT'S DECISION CONFLICTS WITH THIS COURT'S DECISION IN UNITED STATES V. CAMPBELL.

No. 00-0656/AF. U.S. v. Timothy L. EVERETT. CCA S29769. Review granted on the following issue: WHETHER COURT-MARTIAL JURISDICTION EXISTS UNDER ARTICLE 26(b), UCMJ, WHEN THE MILITARY JUDGE, PRESIDING OVER MOTION PRACTICE IN APPELLANT'S COURT-MARTIAL, THOUGH IN INACTIVE STATUS, WAS A MEMBER IN GOOD STANDING OF THE UTAH STATE BAR. No. 00-0657/AF. U.S. v. Salomon CORONA, Jr. CCA S29781. Review granted on the following issue: WHETHER THE MILITARY JUDGE'S INACTIVE STATUS WITH THE BAR OF THE STATE IN WHICH HE IS LICENSED CREATED A JURISDICTIONAL DEFECT IN APPELLANT'S COURT-MARTIAL. No. 00-0673/AF. U.S. v. Joshua L. BOLKAN. CCA 33508. Review granted on the following issue: WHETHER APPELLANT'S SENTENCE MUST BE SET ASIDE BECAUSE THERE IS SOME EVIDENCE IN THE RECORD WHICH FAIRLY INDICATES THAT APPELLANT DESIRED TO BE RETAINED IN THE AIR FORCE DESPITE HIS CONVICTION AND DEFENSE COUNSEL IMPLIED THAT A PUNITIVE DISCHARGE WAS AN APPROPRIATE PUNISHMENT.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0551/AR. U.S. v. Rafael MEDINA-LOPEZ. CCA 9800610.

No. 00-0644/AF. U.S. v. Regis E. GREEN. CCA 33241.

No. 00-0669/AF. U.S. v. Ryan E. KRUGLER. CCA 33060.

No. 01-0046/AR. U.S. v. Albert L. GILMORE. CCA 9900536.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0211/MC. U.S. v. Kenneth W. GODDARD. CCA 95-01179.

No. 01-0212/MC. U.S. v. William S. RIED. CCA 9801893.

INTERLOCUTORY ORDERS

No. 99-0560/NA. U.S. v. Kerry V. LYNN. CCA 97-1482. Appellant's motion to file out of time motion for reconsideration denied.

Judge BAKER did not participate in the consideration or disposition of this order.

No. 01-0124/AF. U.S. v. Lord C. LATIMER. CCA 33194. Appellee's motion to submit pleading from lower court granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-069
Tuesday, January 16, 2001

PETITIONS FOR GRANT OF REVIEW FILED

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

No. 99-0944/AR. U.S. v. Jeffery L. AYERS, Sr. CCA 9701847.*/

No. 01-0210/MC. U.S. v. Thomas M. GULLEY. CCA 9901823.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 01-8014/NA. United States, appellee, v. Anthony V. WILSON, appellant. CCA 2000-1929. Writ-appeal petition for review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for extraordinary relief filed under Rule 27(b) on January 12, 2001, and placed on the docket this date.

INTERLOCUTORY ORDERS

No. 00-0550/AF. U.S. v. Abdul K. ERBY. CCA 33282. Appellant's motions for leave to file and to substitute corrected page granted.

No. 00-0592/NA. U.S. v. Terry W. JAMES. CCA 99-0435. Appellee's motion to extend time to file an answer to final brief granted to January 18, 2001.

No. 00-0630/AR. U.S. v. Jose E. RIVERA. CCA 9701863. Appellee's motion to file corrected index to answer to final brief granted.

No. 01-0164/MC. U.S. v. Christopher B. THOMAS. CCA 99-1723. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 20, 2001.

No. 01-0165/NA. U.S. v. Bret A. UPCHURCH. CCA 99-1588. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 20, 2001.

_____

*/ Second petition filed in each case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-068
Friday, January 12, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0507/AR. U.S. v. Jermole D. SINGLETON. CCA 9801797.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0205/AR. U.S. v. Wayne L. JONES. CCA 9900336.

No. 01-0206/AR. U.S. v. Paul A. HAWKINS. CCA 9900851.

No. 01-0207/AF. U.S. v. Page R. RAY. CCA 33364.

No. 01-0208/AR. U.S. v. Jerry D. MULLER, Jr. CCA S29783.

No. 01-0209/AF. U.S. v. Scott N. GAGLIARDI. CCA 34060.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-067
Thursday, January 11, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0664/AR. U.S. v. Louis J. DURANT III. CCA 9801661. Review granted on the following issue:

WHETHER APPELLANT'S DISPROPORTIONATELY HARSH SENTENCE, COMPARED WITH THE SENTENCE RECEIVED BY HIS CO-ACTOR, WARRANTS APPELLATE RELIEF.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0539/AR. U.S. v. James L. JOHNSON. CCA 9800869.

No. 01-0038/AF. U.S. v. Edward ADAMS. CCA 33055.

No. 01-0053/MC. U.S. v. David L. FOUSE. CCA 99-0707.

No. 01-0066/NA. U.S. v. Matthew J. FRENCH. CCA 200000788.

No. 01-0099/AF. U.S. v. Thomas A. CONWAY. CCA 33545.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0204/AR. U.S. v. Gregory J. DUDLEY. CCA 9701614.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-066
Wednesday, January 10, 2001

HEARINGS

No. 00-0252/AR. U.S. v. John C. MCALLISTER. CCA 9601134.

No. 00-0518/AF. U.S. v. John A. ANDERSON, Jr. CCA 33456.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0201/AR. U.S. v. James B. MANN. CCA 20000070.

No. 01-0202/AR. U.S. v. Sammie L. CALDWELL III. CCA 9900500.

No. 01-0203/AR. U.S. v. Donald W. JENKINS. CCA 20000776.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 01-8013/NA. United States, appellee, v. Jason R. STONEWALL, appellant. CCA 00-1525. Writ-appeal petition for review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for extraordinary relief filed under Rule 27(b).


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-065
Tuesday, January 09, 2001

HEARINGS

No. 00-0306/AF. U.S. v. Napolean BAILEY. CCA 32898.

No. 00-0550/AF. U.S. v. Abdul K. ERBY. CCA 33282.

No. 00-0553/NA. U.S. v. Albert R. HARRIS. CCA 98-1951.

No. 00-6002/AF. U.S. v. John T. BALDWIN. CCA 2000-02.

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0032/AR. U.S. v. Kurt C. HUHN. CCA 9900210. Review granted on the following issue:

WHETHER THE MILITARY JUDGE ERRED IN ACCEPTING AS PROVIDENT APPELLANT'S PLEA OF GUILTY TO SPECIFICATION 4 OF CHARGE II, IN DIRECT CONTRADICTION OF THIS COURT'S HOLDING IN UNITED STATES V. MERVINE, 26 MJ 482 (CMA 1988). No. 01-0077/AR. U.S. v. David M. ROESELER. CCA 9900760. Review granted on the following issue specified by the Court: WHETHER APPELLANT'S PLEA OF GUILTY TO ATTEMPTED CONSPIRACY (SPECIFICATION 2 OF CHARGE I) OR ANY OTHER OFFENSE WAS PROVIDENT IN VIEW OF THE FACT THAT THE ALLEGED VICTIMS OF THE OBJECTIVE OF THE CONSPIRACY DID NOT EXIST.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0705/AR. U.S. v. Joshua K. BLANK. CCA 9801638.

No. 01-0030/AR. U.S. v. David E. HIRD. CCA 9900222.

No. 01-0067/AR. U.S. v. Neaquanta R. HUNT. CCA 9900337.

No. 01-0068/AR. U.S. v. Ade D. DAVIS. CCA 20000224.

No. 01-0085/AF. U.S. v. Christopher D. WILSON. CCA 34053.

No. 01-0087/AF. U.S. v. Shawn R. RIGIRD. CCA 34072.

No. 01-0090/AF. U.S. v. Jorge O. RAMOS. CCA S29778.

No. 01-0092/AF. U.S. v. Alexander E. MASK. CCA 33988.

No. 01-0094/AF. U.S. v. Rocky C. GRAY. CCA S29793.

No. 01-0102/AR. U.S. v. Marcus J. BROWN. CCA 20000272.

No. 01-0105/AF. U.S. v. Jeffrey A. MILLER. CCA 34014.

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0556/AR. U.S. v. Benjiman JOHNSON. CCA 9602016.*/

No. 01-0199/AR. U.S. v. Gary E. GERMER. CCA 9900821.

No. 01-0200/MC. U.S. v. James P. SPIVA. CCA 99-1495.

INTERLOCUTORY ORDERS

No. 00-0518/AF. U.S. v. John A. ANDERSON, Jr. CCA 33456. Appellant's motions to submit document filed on October 27, 2000, and to submit document filed by mail on December 7, 2000, granted.

No. 01-8006/NA. U.S. v. Michael A. MENDOZA. CCA 2000-1767.
Appellant's motion for an emergency stay of the rehearing to file a petition for extraordinary relief with the United States Supreme Court denied.
_____

*/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-064
Monday, January 08, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

No. 01-0012/AR. U.S. v. Randolph SIMMS. CCA 9900405.

No. 01-0022/NA. U.S. v. Brian S. PIRKLE. CCA 99-1327.

No. 01-0035/AR. U.S. v. Henry ROBINSON. CCA 9900752.

No. 01-0058/AR. U.S. v. Zachary G. GARRIOTT. CCA 9801567.

No. 01-0071/AF. U.S. v. Jesse B. TURNER. CCA S29811.

No. 01-0072/AF. U.S. v. John C. TOCCI. CCA 34064.

No. 01-0073/AF. U.S. v. Liam M. MCMAHON. CCA 34108.

No. 01-0076/NA. U.S. v. Jonathan G. SMITH. CCA 200000142.

No. 01-0088/AF. U.S. v. Nicholas J. RAY. CCA S29813.

No. 01-0091/AF. U.S. v. Gerald V. MITCHELL, IV. CCA 34090.

No. 01-0096/AF. U.S. v. Charles N. BROWN. CCA S29819.

No. 01-0097/AF. U.S. v. Kyrone ANDERSON. CCA 34137.

No. 01-0098/AF. U.S. v. Brian D. ALLEN. CCA 34095.

No. 01-0103/AR. U.S. v. Jason H. RICHARDSON. CCA 9800735.

No. 01-0110/AR. U.S. v. Curtis L. LOVETT, Jr. CCA 9800472.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0190/AR. U.S. v. Zimman J. CASEY. CCA 9900411.

No. 01-0191/AR. U.S. v. Philip J. WAHL III. CCA 9900372.

No. 01-0192/AR. U.S. v. Tommy R. RHULE. CCA 9701613.

No. 01-0193/AF. U.S. v. David CHRYSTAL. CCA 33361.

No. 01-0194/AF. U.S. v. Phillip R. HOWERTON. CCA 34173.

No. 01-0195/AF. U.S. v. Kris M. KATZENMEYER. CCA 34101.

No. 01-0196/AF. U.S. v. Stephen J. RIDEAUX. CCA 33448.

No. 01-0197/AF. U.S. v. Corey N. SUTTER. CCA 34110.

No. 01-0198/AF. U.S. v. Stacey R. WIDENER. CCA S29747.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-063
Friday, January 05, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0186/AF. U.S. v. Zachary P. BAUGHMAN. CCA 33981.

No. 01-0187/AF. U.S. v. Willie T. GREEN, Jr. CCA 34146.

No. 01-0188/AF. U.S. v. Jeremy T. JOHNSTON. CCA 33987.

No. 01-0189/AF. U.S. v. Edwin D. MUNAR. CCA 33025.

INTERLOCUTORY ORDERS

No. 99-0511/AR. U.S. v. Sarveswara R. CHERUKURI. CCA 9601824. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 2, 2001.

No. 00-0458/MC. U.S. v. DeAngelo G. WARD. CCA 99-0511. Appellant's motion to attach granted.

No. 01-0047/AR. U.S. v. Charles W. SIMPSON. CCA 9700925. Appellant's motion to correct errata granted.

No. 01-0059/AR. U.S. v. John L. PATE. CCA 9801559. Appellant's motion to file index to supplement to petition for grant of review granted.

No. 01-0118/AR. U.S. v. Lateef A. MANUEL. CCA 9801060. Appellant's motion to extend time to file supplement to petition for grant of review granted to January 29, 2001.

No. 01-0129/NA. U.S. v. Keith C. TURNER. CCA 00-0288. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 5, 2001.

No. 01-0130/AR. U.S. v. Jose L. RODRIGUEZ. CCA 9800800. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 5, 2001.

No. 01-0135/AR. U.S. v. David W.K. CUNNINGHAM. CCA 9801155. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 8, 2001.

No. 01-0157/AR. U.S. v. Allen E. SIMPSON. CCA 9801824. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 15, 2001.

MANDATES ISSUED

No. 99-0983/AR. U.S. v. Kevin E. BROWN. CCA 9701539.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-062
Thursday, January 04, 2001

MANDATES ISSUED

No. 00-0126/AF. U.S. v. Craig L. SIMPSON. CCA 32749.

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


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-061
Wednesday, January 03, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0185/AR. U.S. v. Lhaverne E. LINZAGA. CCA 20000111.

INTERLOCUTORY ORDERS

No. 00-0252/AR. U.S. v. John C. MCALLISTER. CCA 9601134.
Appellee's motion to correct errata and appellant's motion to correct motion granted.

No. 00-0346/AR. U.S. v. Eric B. PACHECO. CCA 9500002.
Appellant's motion to extend time to file final brief granted to January 11, 2001; absent extraordinary circumstances no further extension of time will be granted in this case.

No. 00-0510/AR. U.S. v. Melvin ROBINSON, III. CCA 9701489.
Appellant's motion for reconsideration denied.

No. 00-0558/AF. U.S. v. Joseph L. GRIJALVA. CCA 33169.
Appellant's motion to file corrected page granted.

No. 01-0023/AF. U.S. v. Michael A. CLARK. CCA 33043.
Appellee's motion to file amended page granted.

No. 01-0134/AR. U.S. v. Robert J. WIESEN. CCA 9801770.
Appellant's motion to correct errata granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-060
Tuesday, January 02, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0560/AF. U.S. v. Gino J. GALLO. CCA 33303. Review granted on the following issue:

WHETHER APPELLANT'S FOURTH AMENDMENT RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES WAS VIOLATED WHEN FEDERAL LAW ENFORCEMENT OFFICERS EXECUTED A WARRANT TO SEARCH HIS HOME THAT WAS ISSUED BASED SOLELY ON AN AFFIDAVIT FROM A UNITED STATES CUSTOMS AGENT WHICH CONTAINED ONLY A PEDOPHILE BEHAVIORAL PROFILE, AN ALLEGATION THAT APPELLANT HAD "CHILD PORNOGRAPHY" IMAGES ON HIS WORK SITE COMPUTER, AND OTHER EVIDENCE THAT FAILED TO LINK APPELLANT'S HOME TO EVIDENCE OF A CRIME. No. 99-0821/AR. U.S. v. Ricky D. JYNES. CCA 9801388. Review granted on the following issue specified by the Court: WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE SENTENCED APPELLANT UNDER THE THEORY THAT SPECIFICATION 1 OF CHARGE III (SOLICITATION OF AN OFFENSE) WAS THE SOLICITATION OF ASSAULT OF A PERSON UNDER THE AGE OF 16 BUT THE AGGRAVATING ELEMENT WAS NOT PLEADED IN THE SPECIFICATION.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0619/AR. U.S. v. Robert O. McLEAN. CCA 9701870.

No. 00-0699/AR. U.S. v. David L. RANDLE. CCA 9800742.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0178/AR. U.S. v. Richard H. CROWSON. CCA 9900438.

No. 01-0179/AR. U.S. v. Andrew J. DICOSTANZO, Jr. CCA 9900460.

No. 01-0180/AR. U.S. v. Harvey L. LAWSON III. CCA 9901090.

No. 01-0181/MC. U.S. v. Joe D. ISLAS. CCA 2000-0026.

No. 01-0182/AF. U.S. v. Shawn M. RUNEY. CCA S29831.

No. 01-0183/AF. U.S. v. David A. WATSON. CCA S29804.

No. 01-0184/AF. U.S. v. Preston W. BROWN. CCA 34129.


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