MISCELLANEOUS DOCKET - FILINGS
Misc. No. 01-8035/NA. United States, appellee, v. Walter S. STEVENSON, appellant. CCA 99-0769. Writ-appeal petition for review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b).
Misc. No. 01-8036/AR. United States, appellee v. Morris T. COBIA, appellant. CCA 20010561. Writ-appeal petition for review of the United States Army Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b).
INTERLOCUTORY ORDERS
No. 00-0315/AR. U.S. v. Troy W. CARBAUGH. CCA 9701612. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 22, 2001.
No. 01-0633/AR. U.S. v. Mark A. ARAB. CCA 9801645. Appellant's motion to correct errata granted.
UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES
DAILY JOURNAL
No. 01-202
Monday, July 30, 2001
ORDERS GRANTING PETITION FOR REVIEW
No. 00-0286/AR. U.S. v. Steven D. JEFFERS. CCA 9701201. Review granted on the following issues:
II. WHETHER APPELLANT'S CONSTITUTIONAL AND STATUTORY RIGHT TO BE TRIED BY A COURT-MARTIAL PANEL AND HAVE THAT PANEL DETERMINE WHETHER THE GOVERNMENT HAS PROVEN EVERY ESSENTIAL ELEMENT OF THE CHARGED OFFENSE BEYOND A REASONABLE DOUBT WAS VIOLATED BECAUSE THE MILITARY JUDGE RULED THAT THE ORDER GIVEN TO APPELLANT WAS LAWFUL WITHOUT SUBMITTING THE ISSUE TO THE PANEL FOR A VERDICT, AND BECAUSE THE MILITARY JUDGE INSTRUCTED THE PANEL THAT THE ORDER WAS LAWFUL AS A MATTER OF LAW.
No. 01-0407/MC. U.S. v. Daniel R. ALLEN. CCA 99-1172.
No. 01-0440/AF. U.S. v. Roberto BARBOSA, Jr. CCA 33444.
No. 01-0506/AR. U.S. v. Donald E. REED, Jr. CCA 9702057.
No. 01-0587/AR. U.S. v. Jason H. WATTS. CCA 20000766.
No. 01-0593/AF. U.S. v. Shane M. HEIL. CCA S29854.
No. 01-0596/AR. U.S. v. Daniel E. WHEELER. CCA 20000703.
No. 01-0606/AF. U.S. v. Clayton W. DEAN. CCA 34391.
No. 01-0614/AF. U.S. v. Brian S. KANACH. CCA 34426.
No. 01-0617/AF. U.S. v. Casey L. MCARTHUR. CCA 34431.
No. 01-0629/AF. U.S. v. James W. LAPREE. CCA 34424.
No. 01-0636/AR. U.S. v. Toby W. BOGARD. CCA 20000685.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0729/AR. U.S. v. Jose A. RODRIGUEZ-FONTANEZ. CCA 20000556.
No. 01-0730/NA. U.S. v. Martin W. CLEBOWICZ. CCA 200001707.
No. 01-0731/MC. U.S. v. Manuel J. CHACON. CCA 01-0151.
No. 01-0732/MC. U.S. v. Roger C. FIELD, Jr. CCA 01-0146.
No. 01-0733/AF. U.S. v. Matthew S. CLEGG. CCA 34310.
No. 01-0734/AF. U.S. v. Michael W. EDDINGS. CCA 34384.
No. 01-0735/AF. U.S. v. Chad P. ENGLE. CCA S29863.
No. 01-0736/AF. U.S. v. Rafael FIGUEROA. CCA 34020.
No. 01-0737/AF. U.S. v. David M. GARRETT. CCA 34460.
No. 01-0738/AF. U.S. v. Amanda L. GILBREATH. CCA 34091.
No. 01-0739/AF. U.S. v. Larry R. HOPKINS. CCA 33937.
No. 01-0740/AF. U.S. v. Nicholas A. MARTIN. CCA 34373.
No. 01-0741/AF. U.S. v. William M. MCKINLEY, III. CCA 34231.
No. 01-0742/AF. U.S. v. Blake W. NOBLES. CCA 33975.
No. 01-0743/AF. U.S. v. Samantha Y. WATSON. CCA S29914.
No. 01-0744/AF. U.S. v. Bryan S. TAYLOR. CCA 34269.
No. 01-0745/AF. U.S. v. Gretchen J. SCHNEIDER. CCA S29920.
MANDATES ISSUED
No. 00-0302/NA. U.S. v. Carlos M. NORRIS. CCA 98-1311.
No. 00-0446/AF. U.S. v. Gregory A. BOYD. CCA 33483.
No. 00-0558/AF. U.S. v. Joseph L. GRIJALVA. CCA 33169.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-201
Friday, July 27, 2001
PETITIONS FOR GRANT OF REVIEW DENIED
No. 99-0651/AF. U.S. v. Jesse L. KIRKLAND. CCA 33064.
No. 01-0493/AF. U.S. v. Steven T. WILSON. CCA 33834.
No. 01-0523/AF. U.S. v. Michael D. HALDIE. CCA 33799.
No. 01-0533/AF. U.S. v. Samantha D. BISH. CCA 33744.
No. 01-0547/AF. U.S. v. Joshua E. FANCHER. CCA 33990.
No. 01-0548/AF. U.S. v. Urban R. FARMER. CCA 33849.
No. 01-0552/AF. U.S. v. Luis MUNOZ. CCA 33688.
No. 01-0554/AF. U.S. v. James R. POMEISL. CCA 33884.
No. 01-0559/AF. U.S. v. Ryan C. BORISCH. CCA 33878.
No. 01-0564/AF. U.S. v. Louis J. KNUDTSON. CCA 33871.
No. 01-0570/AF. U.S. v. Luis D. GUERRERO. CCA 34138.
No. 01-0571/AF. U.S. v. Steven C. LAMOTHE. CCA 34303.
No. 01-0578/AF. U.S. v. Destinyanne LOUEY. CCA 34332.
No. 01-0589/AR. U.S. v. Larry A. SCHOOF, Jr. CCA 20000829.
INTERLOCUTORY ORDERS
No. 01-0289/AR. U.S. v. Anson D. BENTON. CCA 9800862. Appellant's motion to extend time to file final brief granted up to and including August 10, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.
No. 01-0525/AF. U.S. v. Curtis KEKOA, III. CCA 33907. Appellant's motion to submit documents granted.
No. 01-0580/AR. U.S. v. Jake R. HEBERT. CCA 20010224. Appellant's motion for leave to file out of time granted; and motion to extend time to file supplement to petition for grant of review granted to August 6, 2001.
No. 01-0632/AR. U.S. v. Rian W. HANSEN. CCA 20000532. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 27, 2001.
No. 01-0660/MC. U.S. v. Timothy A. WITHAM. CCA 2000-00039. Appellee's motion to file answer letter out of time granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-200
Thursday, July 26, 2001
ORDERS GRANTING PETITION FOR REVIEW
No. 01-0520/CG. U.S. v. Sean M. TARDIF. CCA 1141. Review granted on the following issue:
No. 00-0424/AR. U.S. v. Emmet U. ALLEN. CCA 9701466.
No. 01-0458/AR. U.S. v. James L. RUSSANO. CCA 9900543.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0711/AR. U.S. v. Robert J. KEENO. CCA 20000646.
No. 01-0712/AR. U.S. v. Robert W. EMMINIZER. CCA 20000201.
No. 01-0713/AF. U.S. v. Sean M. BIGELOW. CCA 33797.
No. 01-0714/AF. U.S. v. Ruben L. DAVIS. CCA S29922.
No. 01-0715/AF. U.S. v. Travis L. DAVIS. CCA S29842.
No. 01-0716/AF. U.S. v. Jonathan D. EISEMAN. CCA S29918.
No. 01-0717/AF. U.S. v. Dadrian L. ELLIS. CCA S29815.
No. 01-0718/AF. U.S. v. Christopher S. GOGAS. CCA 34210.
No. 01-0719/AF. U.S. v. H.L. Blake HAGER. CCA S29939.
No. 01-0720/AF. U.S. v. Joshua J. HILLMAN. CCA S29909.
No. 01-0721/AF. U.S. v. Andrew P. HODGES. CCA S29859.
No. 01-0722/AF. U.S. v. Landry M. LEBLANC. CCA 34433.
No. 01-0723/AF. U.S. v. Michael C. MAYES. CCA S29762.
No. 01-0724/AF. U.S. v. Felixberto D. NAVARRO, Jr. CCA 34232.
No. 01-0725/AF. U.S. v. Seth B. NEWELL. CCA 34411.
No. 01-0726/AF. U.S. v. Mark B. SANDERS. CCA S29938.
No. 01-0727/AF. U.S. v. Ronald W. SMITH II. CCA S29936.
No. 01-0728/AF. U.S. v. Desmond J. STANTON. CCA 34333.
INTERLOCUTORY ORDERS
No. 00-0628/AR. U.S. v. John H. WHITE. CCA 9900800. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 20, 2001.
No. 00-0679/AR. U.S. v. Jermain J. BEST. CCA 9701222. Appellant's motion to attach appendix B, C, D, and E granted.
No. 01-0214/AF. U.S. v. Michael W. HAWKINS. CCA 33087. Appellant's motion to extend time to file final brief granted, but only up to and including August 9, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.
No. 01-0594/AF. U.S. v. Vincent E. CHILDS. CCA 33783. Appellant's motion to withdraw prior motion for Court order granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-199
Wednesday, July 25, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0710/AF. U.S. v. Travis D. WEBB. CCA 34100.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-198
Tuesday, July 24, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0708/AR. U.S. v. Jason N. BECK. CCA 20000986.
No. 01-0709/AR. U.S. v. Timothy W. DONEGAN. CCA 20000715.
INTERLOCUTORY ORDERS
No. 98-1089/AR. U.S. v. Sean G. GRIGORUK. CCA 9600949. Appellee's motion to file an answer letter out of time granted.
No. 00-0381/AR. U.S. v. Carl L. BRANCH. CCA 9801790. Appellee's motion to file an answer letter out of time granted.
No. 01-0242/MC. U.S. v. Guillermo A. DOUGLAS. CCA 200000569. Appellee's motion to extend time to file an answer to final brief granted to August 22, 2001.
No. 01-0506/AR. U.S. v. Donald E. REED, Jr. CCA 9702057. Appellee's motion to file an answer letter out of time granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-197
Monday, July 23, 2001
ORDERS GRANTING PETITION FOR REVIEW
No. 01-0483/MC. U.S. v. Jason R. JORDAN. CCA 99-1778. Review granted on the following issues:
II. WHETHER THE LOWER COURT ERRED WHEN IT FOUND
THAT
LEANING ON A SAILBOAT'S RAILING CONSTITUTES
AN "ENTRY" FOR THE PURPOSES OF CONVICTING APPELLANT OF THE OFFENSE OF UNLAWFUL
ENTRY.
No. 01-0699/AF. U.S. v. Darren E. WHITFIELD. CCA 34029.
No. 01-0700/AF. U.S. v. Csongor B. STELCZ. CCA S29868.
No. 01-0701/AF. U.S. v. Kristopher M. SONON. CCA 34222.
No. 01-0702/AF. U.S. v. Terry D. SALA. CCA S29735.
No. 01-0703/AF. U.S. v. Joshua M. LANTRIP. CCA S29827.
No. 01-0704/AF. U.S. v. Montoria L. HARRIS. CCA 34226.
No. 01-0705/AF. U.S. v. Journal M. GIBBS. CCA 33986.
No. 01-0706/AF. U.S. v. Ernest D. BROWN. CCA S29775.
No. 01-0707/AF. U.S. v. Milton E. BAILEY. CCA S29807.
INTERLOCUTORY ORDERS
No. 00-0679/AR. U.S. v. Jermain J. BEST. CCA 9701222. Appellant's motion to file index to supplement to petition for grant of review granted.
No. 01-0537/AR. U.S. v. Sean L. EVANS. CCA 9900925. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including August 6, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.
No. 01-0597/AR. U.S. v. Lavelle SWINTON-CONWAY. CCA 9900238. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 17, 2001.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-196
Friday, July 20, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0698/MC. U.S. v. Rafal ZELEK. CCA 9901681.
MANDATES ISSUED
No. 98-0146/AF. U.S. v. Leslie D. RILEY. CCA 32183.
No. 00-0279/MC. U.S. v. Anthony T. YOUNG. CCA 98-0505.
No. 00-0518/AF. U.S. v. John A. ANDERSON, Jr. CCA 33456.
No. 00-5003/AF. U.S. v. Leslie D. RILEY. CCA 32183.
No. 01-0034/AR. U.S. v. Carlos O. PALMER. CCA 9801039.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-195
Thursday, July 19, 2001
ORDERS GRANTING PETITION FOR REVIEW
No. 01-0403/AF. U.S. v. Barry V. O'CONNOR. CCA 33671. Review granted on the following issue:
WHETHER THE MILITARY JUDGE ERRED WHEN HE FAILED TO MERGE SPECIFICATIONS 8 AND 9 [OF THE CHARGE] BECAUSE THE SPECIFICATIONS AS ALLEGED CONSTITUTED AN UNREASONABLE MULTIPLICATION OF CHARGES.
No. 01-0697/AR. U.S. v. Stephen R. BEATON. CCA 20000429.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-194
Wednesday, July 18, 2001
APPEALS - SUMMARY DISPOSITIONS
No. 00-0159/AR. U.S. v. James A. BROWN. CCA 9801503. 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 said petition is granted; and that the decision of the United States Army Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 00-0159/AR. U.S. v. James A. BROWN. CCA 9801503. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0491/AF. U.S. v. William D. RATH. CCA 33168.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0694/AR. U.S. v. John C. HANKERSON. CCA 20010076.
No. 01-0695/AR. U.S. v. Jaunton R. WALLACE. CCA 20000634.
No. 01-0696/AF. U.S. v. Daniel P. MCCOLLUM, Jr. CCA 34416.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-193
Tuesday, July 17, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0686/NA. U.S. v. Allen O. DOSS. CCA 99-1380.
No. 01-0687/AR. U.S. v. Vernon L. BRIGGS. CCA 20000560.
No. 01-0688/AR. U.S. v. Victor M. QUICKBEAR. CCA 9901206.
No. 01-0689/AR. U.S. v. Garvin E. ANTON. CCA 20000664.
No. 01-0690/AR. U.S. v. Ryan D. KRUEGER. CCA 2000050.
No. 01-0691/AR. U.S. v. Lorenzo WALKER. CCA 20001086.
No. 01-0692/AR. U.S. v. Johnny J. HUCKABY. CCA 20000858.
No. 01-0693/AR. U.S. v. Jeffery A. HERNANDEZ. CCA 9900776.
MANDATES ISSUED
No. 00-0283/AF. U.S. v. Raymond T. SATTERLEY, III. CCA 33214.
No. 00-0480/NA. U.S. v. Michael D. ANDERSON. CCA 99-0586.
No. 00-0544/NA. U.S. v. Dennis S. MCDONALD. CCA 98-2175.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-192
Monday, July 16, 2001
APPEALS - SUMMARY DISPOSITIONS
No. 00-0378/AR. U.S. v. Robert C. FOAN. CCA 9900160. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that after this case was returned to the Judge Advocate General pursuant to this Court’s Order dated 14 December 2000 addressing the staff judge advocate’s characterization of a request for waiver of forfeitures, the new convening authority action (SCMO No. 26, dated 9 March 2001) erroneously approved the 4 months confinement that was adjudged rather than the 97 days approved in the original action (SCMO No. 5, dated 13 April 1999). The decision of the United States Army Court of Criminal Appeals dated 9 February 2000, which remains in effect, affirmed the original 97 days confinement. Accordingly, it is ordered that said petition is hereby granted; and that the decision of the United States Army Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 00-0378/AR. U.S. v. Robert C. FOAN. CCA 9900160. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0256/AR. U.S. v. Alex CRAIG, Jr. CCA 9900127.*/
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0674/AR. U.S. v. George W. BLACKLEY, Jr. CCA 9700647.
No. 01-0675/NA. U.S. v. Sean M. WILLIAMS. CCA 200000895.
No. 01-0676/AF. U.S. v. Jedediah A. DANIELSON. CCA 34438.
No. 01-0677/AF. U.S. v. Patrick A. JENTZSCH. CCA 33720.
No. 01-0678/AF. U.S. v. Nicholas A. KEICHEL. CCA S29879.
No. 01-0679/AF. U.S. v. Michael G. LAPOINTE. CCA 34278.
No. 01-0680/AF. U.S. v. Melissa L. LEWIS. CCA S29847.
No. 01-0681/AF. U.S. v. Christopher M. ROBERTS. CCA S29856.
No. 01-0682/AF. U.S. v. Richard P. SCHUSTER. CCA 34356.
No. 01-0683/AF. U.S. v. Winifred J. THOMPSON. CCA S29862.
No. 01-0684/AF. U.S. v. Ronnie A. STEVENS. CCA S29927.
No. 01-0685/AF. U.S. v. Rose L. A. BALEROS. CCA 34198.
INTERLOCUTORY ORDERS
No. 01-0057/AR. U.S. v. Kirk S. BYINGTON. CCA 9800580. Appellant’s motion to extend time to file supplement to petition for grant of review granted to August 9, 2001.
No. 01-0501/AR. U.S. v. Bering D. REECE. CCA 9900753. Appellant's second motion to extend time to file supplement to petition for grant of review granted but only up to and including July 26, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.
No. 01-0575/AR. U.S. v. Eric A. SHARP. CCA 9701883. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 2, 2001.
No. 01-0576/AR. U.S. v. Jesus MUNOZ, Jr. CCA 20000260. Appellant's motion to extend time to file supplement to petition for grant of review granted.
No. 01-0582/AR. U.S. v. Jeremy K. HACKENBERG. CCA 9801652. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 8, 2001.
No. 01-0584/AR. U.S. v. Angela M. ROBBINS. CCA 9701524. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 9, 2001.
No. 01-0585/AR. U.S. v. Christopher
M. DECKER. CCA 20000287. Appellant's motion to extend time to file supplement
to petition for grant of review granted to August 10, 2001.
_____
*/ It is noted that the promulgating order reflects specification 1 of Charge I as a violation of 18 U.S.C. § 2252 (A)(4)(a) rather than a violation of 18 U.S.C. § 2252 (a)(4)(A). It is clear from the allied papers and the record that appellant was found guilty of a violation of 18 U.S.C. § 2252 (a)(4)(A).
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-191
Friday, July 13, 2001
ORDERS GRANTING PETITION FOR REVIEW
No. 01-0418/AF. U.S. v. Jason W. HALL. CCA 33476. Review granted on the following issue:
WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ABUSED ITS DISCRETION WHEN IT HELD THAT ALTHOUGH THE MILITARY JUDGE ERRED IN HIS DECISION NOT TO ADMIT A1C GILBERT'S TESTIMONY, THE ERROR WAS HARMLESS BEYOND A REASONABLE DOUBT.
No. 01-0666/AF. U.S. v. Napoleon DONRE. CCA 33989.
No. 01-0667/AF. U.S. v. Stephen F. FRAPPIER. CCA 34318.
No. 01-0668/AF. U.S. v. Benjamin L. HARTGRAVE. CCA S29806.
No. 01-0669/AF. U.S. v. Robert W. JOHNSON. CCA 33974.
No. 01-0670/AF. U.S. v. Michael D. LOGAN. CCA 33942.
No. 01-0671/AF. U.S. v. Quincy S. MCKENZIE. CCA 33859.
No. 01-0672/AF. U.S. v. Darat POOKMOH. CCA 34254.
No. 01-0673/AF. U.S. v. Christopher D. ROTH. CCA S29864.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-190
Thursday, July 12, 2001
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0443/AF. U.S. v. Harry T. CARTER. CCA 33580.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0665/MC. U.S. v. Daric C. BURR. CCA 200001910.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-189
Wednesday, July 11, 2001
ORDERS GRANTING PETITION FOR REVIEW
No. 01-0492/AF. U.S. v. Gordon L. SMITH. CCA S29720. Review granted on the following issues:
No. 01-0540/AR. U.S. v. Donovan J. MCKINNEY. CCA 9800851.
No. 01-0541/AR. U.S. v. Robert N. UNGER. CCA 20000551.
No. 01-0544/AF. U.S. v. Kevin M. SPERBER. CCA S29875.
No. 01-0546/AF. U.S. v. Richard S. CAGLE. CCA 34350.
INTERLOCUTORY ORDERS
No. 01-0434/NA. U.S. v. Kelton L. GOODE. CCA 9800383. Appellee's motion to extend time to file an answer to the supplement to petition for grant of review granted to July 27, 2001.
No. 01-0590/NA. U.S. v. Timothy J. ELLIS. CCA 98-0729. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 15, 2001.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-188
Tuesday, July 10, 2001
APPEALS - SUMMARY DISPOSITIONS
No. 99-0940/AF. U.S. v. Michael R. MCELHANEY. CCA 32522. 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 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.]
No. 00-0527/AF. U.S. v. Kevin M. MAHER. CCA 33941. 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 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.]
No. 01-0049/AR. U.S. v. Terrence C. HERNDON. CCA 9800600. 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 said petition is granted; and that the decision of the United States Army Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 99-0940/AF. U.S. v. Michael R. MCELHANEY. CCA 32522. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 00-0527/AF. U.S. v. Kevin M. MAHER. CCA 33941. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 01-0049/AR. U.S. v. Terrence C. HERNDON. CCA 9800600. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 01-0351/AF. U.S. v. Bernard D. BURT. CCA 33429. Review granted on the following issue:
No. 01-0421/AF. U.S. v. Edgar E. CORTEGUERA, Jr. CCA 33067. Review granted on the following issue:WHETHER APPELLANT RECEIVED EFFECTIVE ASSISTANCE OF COUNSEL FOR SENTENCING WHEN HIS COUNSEL REQUESTED THAT THE MILITARY JUDGE NOT INSTRUCT THE MEMBERS REGARDING THE IMPACT OF A PUNITIVE DISCHARGE ON RETIREMENT BENEFITS AND THEN ARGUED TO THE COURT MEMBERS THAT,REGARDLESS OF WHAT SENTENCE THEY IMPOSED, APPELLANT WOULD STILL RETIRE "IN THE NEXT 30 DAYS."
WHETHER THE MILITARY JUDGE ERRED IN DENYING DEFENSE COUNSEL'S MOTION FOR ADDITIONAL CONFINEMENT CREDIT FOR UNDERGOING PRETRIAL PUNISHMENT IN VIOLATION OF ARTICLE 13, UCMJ.
No. 01-0322/AR. U.S. v. Selwyn S. HAWTHORNE. CCA 9800209.
No. 01-0398/AF. U.S. v. Briscoe P. COOK. CCA 33615.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0663/AR. U.S. v. Daniel E. MORGAN. CCA 9601890.
No. 01-0664/AR. U.S. v. Dennis P. COLLINS. CCA 9900937.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-187
Monday, July 09, 2001
APPEALS - SUMMARY DISPOSITIONS
No. 00-0494/AF. U.S. v. Edward S. TOWNS. CCA 33525. On further consideration of the granted issues, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0661/CG. U.S. v. John D. ANDERSON. CCA 1138.
No. 01-0662/AR. U.S. v. Ispahani HOSEIN. CCA 9800254.
MANDATES ISSUED
No. 99-0640/AR. U.S. v. Michael G. NEW. CCA 9600263.
No. 00-0203/AF. U.S. v. Daniel R. DEWRELL. CCA 33085.
No. 00-0349/AF. U.S. v. Shawn T. GOLDWIRE. CCA 32840.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-186
Friday, July 06, 2001
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0318/AR. U.S. v. Jason F. KOLODJAY. CCA 9700389.
No. 01-0411/AR. U.S. v. Jeffrey L. JONES. CCA 9900483.
No. 01-0517/AR. U.S. v. Jerry D. NANCE. CCA 20000699.
No. 01-0543/AF. U.S. v. Natasha C. SWANSON. CCA S29763.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0660/MC. U.S. v. Timothy A. WITHAM. CCA 2000-00039.
INTERLOCUTORY ORDERS
No. 01-0337/NA. U.S. v. Mark K. HOLLIS. CCA 9900297. Appellant's motion to file reply brief out of time granted.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-185
Monday, July 02, 2001
APPEALS - SUMMARY DISPOSITIONS
No. 99-0676/AR. U.S. v. Clyde B. PUGH, Jr. CCA 9600811. On further consideration of the granted issue,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), it is ordered that the decision of the United States Army Court of Criminal Appeals is affirmed.
No. 00-0655/AF. U.S. v. Tana R. TANNER. CCA 33867. On further consideration of the granted issues,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.
*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. 01-5001/MC. U.S. v. Forest W. MEADOR. CCA 00-0714. On consideration of the certified issue,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), we answer the certified issue in the affirmative. Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for further consideration in light of Green.
No. 01-5002/MC. U.S. v. James D. HARRIS, II. CCA 99-0265. On consideration of the certified issue,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), we answer the certified issue in the affirmative. Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for further consideration in light of Green.
No. 01-5003/MC. U.S. v. Jeremy R. STARK. CCA 99-1146. On consideration of the certified issue,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), we answer the certified issue in the affirmative. Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for further consideration in light of Green.
No. 01-5006/NA. U.S. v. Henry A. MAGYARI. CCA 98-1499. On consideration of the certified issue,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), we answer the certified issue in the affirmative. Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for further consideration in light of Green.
No. 01-5007/NA. U.S. v. Daniel C. MAHONEY. CCA 99-0147. On consideration of the certified issue,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), we answer the certified issue in the affirmative. Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for further consideration in light of Green.
No. 01-5008/MC. U.S. v. Joshua L. SHELHART. CCA 00-5008. On consideration of the certified issue,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), we answer the certified issue in the affirmative. Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for further consideration in light of Green.
No. 01-5009/MC. U.S. v. Earl A. POWE. CCA 99-1162. On consideration of the certified issue,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), we answer the certified issue in the affirmative. Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for further consideration in light of Green.
No. 01-5010/MC. U.S. v. Terrence D.L. STERNE. CCA 99-0823. On consideration of the certified issue,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), we answer the certified issue in the affirmative. Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for further consideration in light of Green.
No. 01-5011/MC. U.S. v. Timothy T. RYAN. CCA 99-0374. On consideration of the certified issue,* in light of United States v. Green, No. 00-0268, __ MJ __ (2001), we answer the certified issue in the affirmative. Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for further consideration in light of Green.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0376/AR. U.S. v. Shante I. FORD. CCA 9900383.
No. 01-0511/MC. U.S. v. Raymond B. HADSALL. CCA 200000326.*
No. 01-0647/AF. U.S. v. Shannon R. BULLMAN. CCA 34403.
No. 01-0648/AF. U.S. v. Samuel W. BERNER. CCA 34197.
No. 01-0649/AF. U.S. v. Schaun A. GAMBLE. CCA 33938.
No. 01-0650/AF. U.S. v. Mark E. GIBSON. CCA 33865.
No. 01-0651/AF. U.S. v. Mark A. HERNANDEZ. CCA 34080.
No. 01-0652/AF. U.S. v. Steven M. JAMES. CCA 33965.
No. 01-0653/AF. U.S. v. Christopher T. MILES. CCA 34094.
No. 01-0654/AF. U.S. v. John A. KLOOZ. CCA S29816.
No. 01-0655/AF. U.S. v. Dominique D. NAFF. CCA S29790.
No. 01-0656/AF. U.S. v. Russell T. SPAUSTAT. CCA 34036.
No. 01-0657/AF. U.S. v. Fernando VASQUEZ, Jr. CCA 34047.
No. 01-0658/AF. U.S. v. Christopher B. WASHINGTON. CCA S29797.
No. 01-0659/AF. U.S. v. Scott L. BELKNAP. CCA 34193.