DAILY
JOURNAL
No.
07-020
Tuesday, October 31, 2006
APPEALS -
SUMMARY DISPOSITIONS
No. 05-0427/AR.
U.S. v. Anthony T. BRYANT.
CCA 20030283. On consideration of the
petition for grant of review of the decision of the United States Army
Court of Criminal Appeals,
said petition is granted, and the decision of the United States Army
Court of
Criminal Appeals is affirmed.[See also ORDERS GRANTING PETITION FOR
REVIEW this
date.]
ORDERS
GRANTING PETITION FOR
REVIEW
No. 05-0427/AR. U.S. v. Anthony T. BRYANT. CCA 20030283. [See
also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW
DENIED
No.
06-0650/AF. U.S. v.
Gregory S. HINDS. CCA 35940.*
No.
06-0852/AR. U.S. v.
Willon B. BROWN. CCA
20000971.
No.
06-0922/AF. U.S. v.
Earl J. MINOR, Jr. CCA S30801.**
No.
06-0935/AF. U.S. v.
Mario V. GONZALEZ. CCA S30841.
MISCELLANEOUS
DOCKET - FILINGS
MISCELLANEOUS
DOCKET - SUMMARY
DISPOSITIONS
INTERLOCUTORY
ORDERS
No.
05-0503/AF. U.S. v.
Cornelius T. IRVIN. CCA 35167. Appellant's
motion to submit documents granted.
No.
06-0434/AR. U.S. v.
Joseph F. PIOTROWSKI. CCA 20010721. Appellant's
motion to attach documents granted.
No.
06-0837/AF. U.S. v.
Joseph E. WILSON, Jr. CCA 35602. Appellant's
motion for leave to file pleading in excess of thirty pages denied. Appellant will file a supplement to the
petition for grant of review that complies with the limitations in Rule
24 on
or before November 13, 2006.
No.
06-0954/AF. U.S. v.
Aaron G. POLINARD. CCA 35806. Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to November
29, 2006.
____________________
*
It is directed that the promulgating order be corrected to reflect that
the
military judge granted a defense motion for a finding of not guilty to
stealing
one camo flak vest, three camel back hydration systems, and one of the
three
gortex pants in the specification of Charge I.
**
It is directed that the promulgating order be corrected to reflect
guilty pleas to a lesser included offense to Charge II and its
specification.
DAILY
JOURNAL
No.
07-019
Monday, October 30, 2006
APPEALS -
SUMMARY DISPOSITIONS
No.
06-0620/MC. U.S. v. Ryan J. SCAMAHORN. CCA 200201583. On
consideration of the petition for grant of review of the decision of
the United
States Navy-Marine Corps Court of Criminal Appeals, and in light of United
States v. Moreno, 63 M.J. 129 (C.A.A.F. 2006), and United
States v.
Allison, 63 M.J. 365 (C.A.A.F. 2006), assuming that Appellant was
denied
his due process right to speedy post-trial review and appeal, we
conclude that
any error in that regard was harmless beyond a reasonable doubt. Accordingly, said petition is granted on Issue
I as raised by appellate defense counsel; 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.]
No.
06-0704/MC. U.S. v. Christopher L. HARRIS. CCA
200500448. On
consideration of the petition for grant of review of the decision of
the United
States Navy-Marine Corps Court of Criminal Appeals, and in light of United
States v. Moreno, 63 M.J. 129 (C.A.A.F. 2006), and United
States v.
Allison, 63 M.J. 365 (C.A.A.F. 2006), assuming that Appellant was
denied
his due process right to speedy post-trial review and appeal, we
conclude that
any error in that regard was harmless beyond a reasonable doubt. Accordingly, said petition is hereby granted
on Issue IV as raised by appellate defense counsel; 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. 06-0620/MC. U.S. v. Ryan J. SCAMAHORN. CCA 200201583. [See
also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 06-0704/MC. U.S. v. Christopher L. HARRIS. CCA
200500448. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW
DENIED
No.
06-0499/AR. U.S. v.
Kevin W. CHURCH. CCA
20030616.
No.
06-0750/AR. U.S. v.
Anthony R. SUNFORD. CCA 20040868.
No.
06-0764/AF. U.S. v.
Nicholas KUHN. CCA
35945.
No.
06-0827/AR. U.S. v.
Christopher T. WEYANT. CCA 20060132.
No.
06-0828/MC. U.S. v.
Sean D. JACKSON. CCA
200500338.
No.
06-0848/AF. U.S. v.
Veronica WIGGINS. CCA 36303.
No.
06-0861/AF. U.S. v.
Stephen C. SHARP. CCA 35839.
No.
06-0923/AF. U.S. v.
Perry D. MORRISON. CCA 36367.
PETITIONS
FOR GRANT OF REVIEW
FILED
No.
03-0086/AR. U.S. v.
Stanley E. EDMOND. CCA
9900904.*
No.
05-0649/AR. U.S. v.
Timothy WARD. CCA 20000078.**
No.
07-0063/AR. U.S. v.
Gregory A. ARFLACK. CCA 20051323.
No. 07-0064/AF. U.S. v.
John S. PACE. CCA
36222.
No.
07-0065/AF. U.S. v.
Chad M. WALLACE. CCA 36407.
No.
07-0066/MC. U.S. v.
Matthew R. ROBINSON. CCA 200401097.
No.
07-0067/MC. U.S. v.
Jeremy A. WHITE. CCA
200200803.
____________________
*
Third petition filed in this case.
**
Second petition filed in this case.
DAILY
JOURNAL
No.
07-018
Friday,
October 27, 2006
CERTIFICATES FOR
REVIEW FILED
No.
07-5001/MC.
U.S.,
Appellant v. Jose R.
CABRERA-FRATTINI, Appellee. CCA 200201665.
Notice
is hereby given that a certificate for review of the decision of the
United
States Navy-Marine Corps Court of Criminal Appeals
was filed under Rule 22 on this 27th
day of October, 2006, on the following issue:
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRONEOUSLY HELD THAT
THE
MILITARY JUDGE ABUSED HIS DISCRETION BY FINDING THE 13-YEAR OLD WITNESS
UNAVAILABLE
ON THE BASIS OF MENTAL ILLNESS OR INFIRMITY, AND THUS THAT THE MILITARY
JUDGE
HAD ERRONEOUSLY ADMITTED THE WITNESS’ VIDEOTAPED DEPOSITION.
Appellant
will file a brief under Rule 22(b) in support of said certificate on or
before
the 27th day of November, 2006.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0056/AR.
U.S. v. David M.
MCCOLLUM.
CCA 20031176.
No.
07-0057/AR.
U.S. v. Friday O.
AYENI.
CCA 20030169.
No.
07-0058/AF.
U.S. v. Daniel L.
PALMER.
CCA 36307.
No.
07-0059/AF.
U.S. v. Ronald A.
ROBINSON.
CCA 36409.
No.
07-0060/AF.
U.S. v. Debbie A.
SMITH.
CCA 36113.
No.
07-0061/AF.
U.S. v. Darrell W.
STAFFORD.
CCA S30928.
No.
07-0062/MC.
U.S. v. Oscar R.
GONZALES.
CCA 200400055.
INTERLOCUTORY ORDERS
No.
06-0001/AR.
U.S. v. David L.
ECKARD.
CCA 20010870. Appellant's
motion to extend time to file a
brief granted, but only up to and
including November
13, 2006; and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
06-0880/AR.
U.S. v. Derrick M.
ROBINSON.
CCA 20040479. Appellant's
second motion to extend time to file the
supplement to the
petition for grant of review granted, up
to and including November 24, 2006; and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
06-0932/NA.
U.S. v. Javan R.
GAINOUS.
CCA 200300953. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to November 20, 2006.
No.
06-0949/AR.
U.S. v. Felecia A.
JOHNSON.
CCA 20040993. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to November 24, 2006.
DAILY
JOURNAL
No.
07-017
Thursday,
October 26, 2006
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0240/AR.
U.S. v. Bartholomew
M. BERRY.
CCA 20000960.*
No.
07-0054/AR.
U.S. v. Leng SOK.
CCA 20030221.
No.
07-0055/AR.
U.S. v. Laqwenton B.
MACK.
CCA 20040508.
*Second petition
for grant of review.
DAILY
JOURNAL
No.
07-016
Wednesday,
October 25, 2006
HEARINGS
No.
06-0238/NA.
U.S. v. Richard C.
FOSTER.
CCA 200301262.
No.
06-0291/NA.
U.S. v. David D. TATE.
CCA 200201202.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0660/AF.
U.S. v. Seth R. WARD.
CCA S30837.
No.
06-0709/NA.
U.S. v. Andrew F.
MARQUEZ.
CCA 200201852.
No.
06-0759/AF.
U.S. v. Eugene M.
BELAIRE, II.
CCA 35968.
No.
06-0790/AF.
U.S. v. Connor B.
ADAMS.
CCA S30966.
No.
06-0791/MC.
U.S. v. Jesse C.
TOVAR.
CCA 200301584.
No.
06-0804/AF.
U.S. v. Marlo D.
ELLIS.
CCA 36135.
No.
06-0819/AR. U.S. v. Isaac E.
BELANGER.
CCA 20031116.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0048/AR.
U.S. v. Kevin L.
NEELEY.
CCA 20021362.
No.
07-0049/AR.
U.S. v. Miguel A.
LARO-TORRES.
CCA 20031252.
No.
07-0050/AR.
U.S. v. Alexis
LOPEZ-PABON.
CCA 20060214.
No.
07-0051/AR.
U.S. v. Eric R.
KRULISKY.
CCA 20051100.
No.
07-0052/AR.
U.S. v. Aaron J.
MOULTRIE.
CCA 20031023.
No.
07-0053/NA.
U.S. v. Robert D.
FELLS.
CCA 200500668.
INTERLOCUTORY ORDERS
No.
06-0571/AF.
U.S. v. Christopher
S. BARRETT.
CCA 35790. Appellee's
motion to add corrected pages
granted.
No.
06-0870/AR.
U.S. v. Alexander N.
WILSON.
CCA 20040227. Appellant's
second motion to extend time to
file the supplement to the petition for grant of review granted, up to and including November 22, 2006; and absent
extraordinary circumstances, no
further extension of time will be granted in this case.
No.
06-0942/NA.
U.S. v. Christopher
J. CHAMBERS.
CCA 200500329. Appellant's
motion for leave to file motion
for extension of time granted, and motion to extend time to file the
supplement
to the petition for grant of review granted to November 22, 2006.
No.
06-0943/NA.
U.S. v. Malcolm M.
MACK.
CCA 200400133. Appellant's
motion for leave to file motion
for extension of time granted, and motion to extend time to file the
supplement
to the petition for grant of review granted to November 22, 2006.
No.
06-0947/AR.
U.S. v. Evgueni SOSA.
CCA 20050882. Appellant's
motion to extend time to file
supplement to the petition for grant of review granted to November 24, 2006.
DAILY
JOURNAL
No.
07-015
Tuesday, October
24, 2006
HEARINGS
No.
06-0314/AF.
U.S.
v. Keith M. TERRY. CCA 35801.
No.
06-0178/AF. U.S.
v. Kirk V. BRIGGS. CCA 35123.
No.
06-6005/AF. U.S.
v. Jose A. COSSIO. CCA 2006-02.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0045/AR. U.S.
v. Joshua J. ALEXANDER. CCA 20031161.
No.
07-0046/AR. U.S.
v. Adam J. HEILINGER. CCA 20060097.
No.
07-0047/NA. U.S.
v. Landren T. SWEARINGTIN. CCA 200501249.
MISCELLANEOUS DOCKET – SUMMARY DISPOSITIONS
INTERLOCUTORY ORDERS
No. 05-0471/AR. U.S.
v. Patrick A. MONETTE. CCA
20020088. Appellant's
motion to extend time to file the supplement to the petition for grant
of review
granted to November 24, 2006.
No.
06-0594/AR. U.S.
v. Jaime PEREZ. CCA
20020314. Appellant’s motion for
enlargement of time to file additional supplement to the petition for
grant of
review, granted up to and including November 27, 2006; and absent
extraordinary circumstances, no
further extension of time will be granted in this case.
No.
06-0883/AR. U.S.
v. Gregory C. CHURCH, Jr. CCA 20010509. Appellant’s
second motion to extend time to file the supplement to the petition for
grant
of review granted, up to and
including November
7, 2006; and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
06-0940/AR. U.S.
v. Bruce A. MATTHEWS, Jr. CCA 20040762. Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to November 22, 2006.
DAILY
JOURNAL
No.
07-014
Monday, October
23, 2006
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
06-0619/MC.
U.S. v. Wade N. APGAR.
CCA 200400737.
No.
06-0664/NA.
U.S. v. Tarold L.
TAYLOR.
CCA 200201675.
No.
06-0761/AR.
U.S. v. Tyler EADDY.
CCA 20020605.
No.
06-0796/AF.
U.S. v. Gabriel
MACHADO.
CCA 35908.
No.
06-0834/AF.
U.S. v. Jessica S.
JOHNSON.
CCA 36251.
No.
06-0895/AR.
U.S. v. Justin J.
LILLIS.
CCA 20041195.
No.
06-0909/AR.
U.S. v. Nicole M.
MOSER.
CCA 20051460.
No.
06-0924/AF.
U.S. v. Darrell E.
MURRAY.
CCA 36419.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0034/AR.
U.S. v. Jerry L.
BLACKMON, Jr.
CCA 20040731.
No.
07-0035/AR.
U.S. v. Travis J.
ANDERSON.
CCA 20051064.
No.
07-0036/AF.
U.S. v. Carl D.
CODDINGTON, Jr.
CCA 36236.
No.
07-0037/AF.
U.S. v. Karen M. HILL.
CCA 36457.
No.
07-0038/AF.
U.S. v. Brian H.
LEWIS.
CCA 36401.
No.
07-0039/AF.
U.S. v. Christopher
M. MITCHELL.
CCA 36331.
No.
07-0040/AF.
U.S. v. Andrew J.
RAVENELLE.
CCA 36295.
No.
07-0041/AF.
U.S. v. Gregory T.
SHAFFER.
CCA 36449.
No.
07-0042/AF.
U.S. v. Patrick S.
SHEMORRY.
CCA 36441.
No.
07-0043/AF.
U.S. v. Ryan A.
STOCKDILL.
CCA S30976.
No.
07-0044/AF.
U.S. v. Phillip L.
STORDAHL.
CCA 36187.
MANDATES ISSUED
No.
05-0047/MC.
U.S. v. Thomas M.
HANEY.
CCA 9900878.
No.
05-0453/MC.
U.S. v. James H.
FINCH.
CCA 200000056.
DAILY
JOURNAL
No.
07-013
Friday, October
20, 2006
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0030/AF. U.S.
v. Jose A. COSSIO, Jr. CCA 36206.
No.
07-0031/AF. U.S.
v. Craig L. POWELL. CCA 36375.
No.
07-0032/AF. U.S.
v. Joshua J. STACY. CCA 36374.
No.
07-0033/AF. U.S.
v. Michael K. VITT. CCA 36248.
INTERLOCUTORY ORDERS
No.
05-0697/MC. U.S.
v. Wayne D. SZYMCZYK. CCA 200000718. On consideration of Appellant’s motion for
leave to file petition for reconsideration and the petition for
reconsideration
of this Court’s decision, _ M.J._ (C.A.A.F. September 11, 2006), and in
light
of United States v. Rodriguez-Rivera, 63 M.J. 372 (C.A.A.F.
2006), said motion
is granted; and the petition for reconsideration is denied.
No.
06-0496/AF. U.S.
v. Derek M. SMITH. CCA
S30581. Appellee's motion to submit
a document, and Appellant’s motion to
attach documents
are granted.
MANDATES ISSUED
No.
05-0678/MC. U.S.
v. Travis H. GOSSER. CCA 200302070.
DAILY
JOURNAL
No.
07-012
Thursday, October
19, 2006
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
06-0741/MC. U.S.
v. John A. WILLFORD. CCA 200500582.
No.
06-0822/AF. U.S.
v. Luis A. DELVALLEDELIZ. CCA 36162.
No.
06-0847/AF. U.S.
v. Jeremy E. WINGNESS. CCA 36186.
No.
06-0849/AR. U.S.
v. Marcus A. POWELL. CCA 200440841.
INTERLOCUTORY ORDERS
No.
06-0610/AR. U.S.
v. James A. WISE. CCA
20031310. Appellant's motion to
attach defense appellate exhibit granted.
No.
06-0617/AR. U.S.
v. Luis D. SANCHEZ. CCA
20010943. Appellant's motion to
extend time to file a brief granted, up
to and including October 25, 2006; and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
06-0905/AF. U.S.
v. Albert T. HILL. CCA
35700. Appellant's motion to
submit documents granted.
No.
06-0928/AR. U.S.
v. David S. KONG. CCA
20050256. Appellant's motion to
extend time to file the supplement to the petition for grant of review
granted
to November 17, 2006.
No.
06-0934/NA. U.S.
v. Walter S. STEVENSON. CCA
200301272. Appellant's
motion to extend time to file the supplement to the petition for grant
of review
granted to November 20, 2006.
No.
06-0941/NA. U.S.
v. Terrill L. ANDREWS. CCA
200400697. Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to November 24, 2006.
DAILY
JOURNAL
No.
07-011
Wednesday,
October 18, 2006
HEARINGS
No.
05-0563/MC.
U.S. v. Kevin L.
SIMON.
CCA 200500094.
No.
06-0119/NA.
U.S. v. James E.
RANKIN.
CCA 200101441.
APPEALS - SUMMARY DISPOSITIONS
No. 02-0493/NA. U.S. v. Andre E.
LOWE.
CCA 200000956.
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 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.]
No. 06-0408/NA. U.S. v. Leonard
Y. DURAN.
CCA 200000781.
On consideration of the petition for grant of
review of the decision of the United States Navy-Marine
Corps Court of Criminal Appeals, and in light of United States v.
Moreno,
63 M.J. 129 (C.A.A.F. 2006), and United States v. Allison, 63
M.J. 365
(C.A.A.F. 2006), assuming that Appellant was denied his due process
right to
speedy post-trial review and appeal, we conclude that any error in that
regard
was harmless beyond a reasonable doubt. Accordingly,
said petition is 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. 02-0493/NA. U.S. v. Andre E.
LOWE.
CCA 200000956. [See also APPEALS SUMMARY DISPOSITIONS this date.]
No. 06-0408/NA. U.S. v. Leonard
Y. DURAN.
CCA 200000781. [See also APPEALS SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0027/AR.
U.S. v. Federico D. MERIDA.
CCA 20040961.
No.
07-0028/MC.
U.S. v. Aaron A.
MARTINEZ.
CCA 200301483.
No.
07-0029/MC.
U.S. v. Julio J.
MARTINEZ.
CCA 200501594.
DAILY
JOURNAL
No.
07-010
Tuesday, October
17, 2006
HEARINGS
No.
00-0252/AR.
U.S. v. John C.
MCALLISTER.
CCA 9601134.
No.
05-0779/MC.
U.S. v. Jermaine M.
CLAY.
CCA 200101952.
No.
06-0116/AF.
U.S. v. John E.
CRAFTER.
CCA 35476.
APPEALS - SUMMARY DISPOSITIONS
No. 06-0320/MC. U.S. v. Michael
A. JONES.
CCA 200100889.
On consideration of the
petition for grant of review of the decision of the United
States Navy-Marine
Corps Court of Criminal
Appeals, and in light of United States v. Moreno, 63 M.J. 129
(C.A.A.F.
2006), and United States v. Allison, 63 M.J. 365 (C.A.A.F.
2006),
assuming that Appellant was denied his due process right to speedy
post-trial
review and appeal, we conclude that any error in that regard was
harmless
beyond a reasonable doubt. Accordingly, said petition is 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.]
No. 06-0536/MC. U.S. v. John W.
LEGER II.
CCA 200401098.
On consideration of the petition for grant of
review of the decision of the United States Navy-Marine
Corps Court of Criminal Appeals, and in light of United States v.
Moreno,
63 M.J. 129 (C.A.A.F. 2006), and United States v. Allison, 63
M.J. 365
(C.A.A.F. 2006), assuming that Appellant was denied his due process
right to
speedy post-trial review and appeal, we conclude that any error in that
regard
was harmless beyond a reasonable doubt. Accordingly, said petition is
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.]
No. 06-0739/MC. U.S. v. Rufus
MUNOZ.
CCA 200501123.
On consideration of the petition for grant of
review of the decision of the United States Navy-Marine
Corps Court of Criminal Appeals, and in light of United States v.
Moreno,
63 M.J. 129 (C.A.A.F. 2006) and United States v. Allison, 63
M.J. 365
(C.A.A.F. 2006), assuming that Appellant was denied his due process
right to
speedy post-trial review and appeal, we conclude that any error in that
regard
was harmless beyond a reasonable doubt.
Accordingly, said petition is granted on the following specified
issue:
WHETHER
APPELLANT’S DUE PROCESS RIGHT TO TIMELY REVIEW OF
HIS APPEAL HAS BEEN DENIED.
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. 06-0320/MC. U.S. v. Michael
A. JONES.
CCA 200100889. [See also APPEALS SUMMARY DISPOSITIONS this date.]
No. 06-0536/MC. U.S. v. John W.
LEGER II.
CCA 200401098.
[See also APPEALS SUMMARY
DISPOSITIONS this date.]
No. 06-0739/MC. U.S. v. Rufus
MUNOZ.
CCA 200501123.
[See also APPEALS SUMMARY
DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0025/AR.
U.S. v. Shannon D.
JONES.
CCA 20030386.
No.
07-0026/AR.
U.S. v. Richard P.
EMERY.
CCA 20040424.
MANDATES ISSUED
No.
04-0246/AR.
U.S. v. Andrew J.
KISALA.
CCA 20000930.
No.
04-0359/AR.
U.S. v. Justin S.
SHELTON.
CCA 9901201.
No.
04-0801/MC.
U.S. v. Jemima HARVEY.
CCA 200001040.
No.
05-0521/MC.
U.S.
v. Ocean T. ROSE. CCA
200101327.
DAILY
JOURNAL
No.
07-009
Monday,
October 16, 2006
HEARINGS
No.
03-0071/AF.
U.S. v. Joseph W. LEE.
CCA S29894.
No.
06-0064/NA.
U.S. v. Vangle S.
HARDISON.
CCA 200200753.
No.
06-0091/AF.
U.S. v. Timothy J.
PENA.
CCA 35397.
APPEALS - SUMMARY DISPOSITIONS
No. 06-0671/MC. U.S. v. James R.
MILLS.
CCA 200401721.
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 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. 06-0671/MC. U.S. v. James R.
MILLS.
CCA 200401721. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0662/AR.
U.S. v. Emir B.
ROBATEAU.
CCA 20030428.
No.
06-0815/AF.
U.S. v. Keith H.
SNETHEN.
CCA 35695.
No.
06-0832/AF.
U.S. v. Gideon D.
BURUM.
CCA 36354.
No.
06-0877/AF.
U.S. v. Michael P.
ABELE.
CCA 36383.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0023/AR.
U.S. v. Nathan M.
KELDING.
CCA 20041248.
No.
07-0024/AR.
U.S. v. Jose E.
SANTIAGO.
CCA 20041190.
INTERLOCUTORY ORDERS
No.
06-0918/MC.
U.S. v. Raymon F.
THOMAS.
CCA 200401149. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to November 16, 2006.
No.
06-0921/AR.
U.S.
v. Stevie REED, Jr. CCA
20021225. Appellant's motion to
extend time to file the supplement to the petition for grant of review
granted
to November 13, 2006.
No.
06-0403/MC. U.S.v. Damien B. Shaw. CCA 200300312.
Appellee’s motion to correct errata is granted.
DAILY
JOURNAL
No.
07-008
Friday, October
13, 2006
ORDERS GRANTING
PETITION FOR REVIEW
No. 06-0600/MC. U.S. v. Darryl S.
PHILLIPS.
CCA
200400865.
Review granted on the following issues:
I. WHETHER
A SUBSTITUTE CONVENING AUTHORITY CAN
ORDER ADDITIONAL CONFINEMENT EXECUTED FOR FAILURE TO PAY AN ADJUDGED
FINE AFTER
THE SENTENCE HAS BEEN APPROVED AND EXECUTED.
II. IF APPELLANT'S
CONTINGENT CONFINEMENT WAS WITH PROPER AUTHORITY, WHETHER IT WAS
APPROPRIATE IN
LIGHT OF OTHER POSSIBLE PUNISHMENTS ADEQUATE TO MEET THE GOVERNMENT'S
NEED.
Appellate
Government Counsel
is directed to file with the Court a copy of the Staff Judge Advocate’s
Recommendation of July 21, 2005 that is quoted from in Appellant’s
supplement
but not found in the record.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0106/AF.
U.S. v. Ross
A. HAYES, Sr.
CCA 35498.
No. 06-0351/NA.
U.S. v. Harold
M. WHITE, JR.
CCA 200301523.
No. 06-0723/NA.
U.S. v. Daniel
M. STRONG.
CCA 200500512.
No. 06-0747/AF.
U.S. v.
Anthony W. RODRIGUEZ.
CCA
36282.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0021/AF.
U.S. v. Faith
C. POPE.
CCA S30995.
No. 07-0022/AF.
U.S. v.
Anthony M. HILL, Jr.
CCA
36341.
INTERLOCUTORY ORDERS
No. 06-0060/AF.
U.S. v. Stacey
S. BROOKS.
CCA 35420. Appellant’s
motion to add corrected pages
granted.
No. 06-0843/NA.
U.S. v. Carlos
R. HESTER.
CCA 200400178. Appellant's
second motion to extend time to
file the supplement to the petition for grant of review granted, but
only up to
and including October 30, 2006; and
absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 06-0879/AF.
U.S. v.
Angelica R. REYNA.
CCA S30829. Appellant's
motion to submit documents
granted.
No. 06-0915/NA.
U.S. v. Cory
L. SANFORD.
CCA 200301583. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to November 13, 2006.
No. 06-0926/AR.
U.S. v. Emily
M. HAMILTON.
CCA 20050738. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 13, 2006.
No. 06-0563/AR.
U.S. v. Jeremy
C. SIVITS.
CCA 20040551.
On consideration of the petition for grant of review of the
decision of
the United States Army Court of Criminal Appeals, it is ordered this
date that
Appellate Defense Counsel file an additional supplement on the issue
personally
asserted by the Appellant addressing disparate sentences.
Appellant’s supplement on this issue shall be
filed within 15 days of the date of this order.
Appellee’s answer shall be filed within 15 days of the filing of
Appellant’s brief. A reply may be filed
by Appellant within 5 days of Appellee’s answer.
No. 06-0594/AR. U.S. v. Jaime
PEREZ. CCA 20020314. On
consideration of the petition for grant of review of the decision of
the United
States Army Court of Criminal Appeals, it is ordered this date that
Appellate
Defense Counsel file an additional supplement on the four issues raised
by
Appellant in his clemency submission to the convening authority. Appellant’s supplement on these issues shall
be filed within 15 days of the date of this order.
Appellee’s answer shall be filed within 15
days of the filing of Appellant’s brief.
A reply may be filed by Appellant within 5 days of Appellee’s
answer.
DAILY
JOURNAL
No.
07-007
Thursday, October
12, 2006
APPEALS - SUMMARY DISPOSITIONS
No. 06-0689/NA. U.S. v.
Arielcesar S. ANTONIO.
CCA 200500768.
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 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. 06-0689/NA. U.S. v.
Arielcesar S. ANTONIO.
CCA 200500768.
[See also APPEALS – SUMMARY
DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0840/AR.
U.S. v. Thomas T.
SIMMONS, Jr.
CCA 20030669.
No.
06-0885/AR.
U.S. v. Donte J.
GREEN.
CCA 20050868.
No.
06-0927/AR.
U.S. v. Alejandro
REYES.
CCA 20060017.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0020/AR.
U.S. v. Lucille S.
DIXON.
CCA 20050954.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 07-8002/AF.
Joshua P. LOVETT, Petitioner v. United States, Respondent.
Notice is hereby given that a petition for extraordinary relief in the
nature
of a writ of mandamus was filed under Rule 27(a), together with
Petitioner’s
motion to file the same out of time on October 2, 2006, and placed on
the
docket this date. On consideration
thereof, said motion is granted; the United States is
substituted as Respondent vice the Judge Advocate General of the Air
Force; the
Government will provide appellate defense counsel to represent
Petitioner
before this Court; and the Respondent will show cause on or before October 19, 2006,
why the requested relief should not be granted.
ORDER – IN RE 2006-2007 TERM OF COURT
Article 142 of the Uniform Code of Military
Justice (UCMJ), 10 U.S.C. 942 (2000), authorizes the appointment of
five judges
to serve on the Court. Two of the
positions are vacant. The three judges
in active service will perform the functions of the Court.
See Articles 142(g) and 144, UCMJ, 10
U.S.C. 942(g) and 944 (2000), and U.S.C.A.A.F. Rule 6(a).
For the Court,
/s/
William A. DeCicco
Clerk of the
Court
DAILY
JOURNAL
No.
07-006
Wednesday,
October 11, 2006
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
06-0381/NA.
U.S. v. Donald D.
BRAMLETT.
CCA 200101150.
No.
06-0601/AR.
U.S. v. Ryan D.
CONNOR.
CCA 20050508.
No.
06-0691/AR.
U.S. v. Jermaine J.
FRANCIS.
CCA 20040428.
No.
06-0724/MC.
U.S. v. Abran C.
ALMARAZ.
CCA 200501294.
No.
06-0731/NA.
U.S. v. Darrell T.
OPPERMANN.
CCA 200500012.
No.
06-0754/AF.
U.S. v. Michael P.
WADEMAN.
CCA 36268.
No.
06-0778/AF.
U.S. v. Michael J.
LANTZ.
CCA 36163.
No.
06-0782/AF.
U.S. v. Michael M.
SIRUS, Jr.
CCA S30744.
No.
06-0785/AR.
U.S. v. Troy L. CORNWELL.
CCA 20040594.
No.
06-0818/AR.
U.S. v. Daniel COTTI,
Jr.
CCA 20021210.
No.
06-0841/AR.
U.S. v. Leon V.
HARRISON.
CCA 20060002.
No.
06-0844/AF.
U.S. v. Travis A.
GUTIERREZ.
CCA 35661.
No.
06-0855/AR.
U.S. v. Roberto
FIGUEROA.
CCA 20051324.
No.
06-0874/AR.
U.S. v. Teodulo R.
GONZALEZ.
CCA 20050834.
No.
06-0878/AF.
U.S. v. Michelle D.
LEWIS.
CCA S30847.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0017/AR.
U.S. v. Derrick D.
MILTON.
CCA 20050591.
No.
07-0018/AR.
U.S. v. Abdi B.
MOHAMED.
CCA 20040319.
No.
07-0019/AR.
U.S. v. George T.
GOWANLOCK, Jr.
CCA 20030635.
INTERLOCUTORY ORDERS
No.
06-0858/AF.
U.S. v. Tyson A.
GIRARD.
CCA 36126. Appellant's
motion to submit supplement to
the petition for grant of review out of time granted.
No.
06-0903/AR.
U.S. v. James M. DEAN.
CCA 20060098. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to November 9, 2006.
No.
06-0908/NA.
U.S. v. Gilbert T.
ALLENDE.
CCA 200001872. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to November 9, 2006.
No.
06-0917/AR.
U.S. v. Andrae L.
BRIGHT.
CCA 20000341. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to November 9, 2006.
PETITIONS FOR RECONSIDERATION DENIED
No. 03-0473/NA.
U.S. v. Troy B. JENKINS.
CCA 200101151. Appellant’s
petition for reconsideration
denied.
No. 05-0500/NA. U.S. v. Salvador DIAZ.
CCA 200200374. Appellant’s
petition for reconsideration
denied.
No. 05-0741/NA. U.S. v. Trent T.
PRITCHETT. CCA 9601212. Appellant’s
petition for reconsideration
denied.
No. 06-0034/NA. U.S. v. Columbia R. SHILOH. CCA 200101238. Appellant’s
petition for reconsideration
denied.
RULES ADVISORY COMMITTEE MEMBERSHIP CHANGE
Pursuant to Rule 45 of the Rules of
Practice and Procedure, United States Court of Appeals
for the
Armed Forces, the following person, whose term expired on September 30, 2006,
is, this 11th day of October 2006, hereby reappointed to the
Rules
Advisory Committee for a term expiring on September 30, 2009:
John
F. DePue
The
following members, whose terms expire on the dates indicated below,
remain on
the Rules Advisory Committee:
To
expire on September 30, 2007:
Professor Steven H. Goldblatt, Chair
Thomas F. Granahan, Esq.
Matthew S. Freedus, Esq.
To
expire on September 30, 2008:
Mary T. Hall, Esq.
Professor Mary M. Cheh
Professor Peter B. Rutledge
Captain John W.
Rolph, JAGC, U.S. Navy, is hereby
appointed
to replace the Honorable Joseph H. Baum, whose term expired on September 30, 2006.
Captain Rolph’s term will expire on September 30, 2009.
Lieutenant
Colonel Michele B. Shields, JA, U.S. Army, is hereby
appointed
to replace Lieutenant Colonel Theresa Gallagher, JA, U.S. Army, who
submitted her
resignation from the Committee due to reassignment.
Lieutenant Colonel Shields’ term will expire
on September 30, 2009.
Malcolm H.
Squires, Jr., Esq.,
is hereby appointed to replace Robert H. Troidl, Esq., whose term
expired on September 30, 2006.
Mr. Squires’ term will expire on September 30, 2009.
William A.
DeCicco, Clerk of the Court, is an ex
officio member of the Committee and serves as its Reporter.
The Court wishes
to express its deepest appreciation
to the Honorable Joseph H. Baum, Captain Carol J. Cooper, JAGC, U.S. Navy (Retired),
Lieutenant
Colonel Theresa Gallagher, and Mr. Robert H. Troidl for their
outstanding
service as members of the Rules Advisory Committee.
For
the Court,
/s/ William A. DeCicco
Clerk
of the Court