DAILY
JOURNAL
No.
08-181
Monday,
June 30, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0338/MC. U.S.
v. Otis GRIFFIN,
Jr. CCA 200201471.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-5005/NA. U.S.
v. Todd R. FORBES. CCA 9901454.*
No.
08-0670/AR. U.S.
v. Johnny D. GREENFIELD. CCA 20061286.
No.
08-0671/AR. U.S.
v. Matthew R. WHIPPLE. CCA 20070468.
No.
08-0672/CG. U.S.
v. Ronald E. NICKEY. CCA 1288.
No.
08-0673/AR. U.S.
v. Frederick D. COOPER II. CCA 20060931.
No.
08-0674/AF. U.S.
v. Latour L. HAIRSTON. CCA 37105.
No.
08-0675/AF. U.S.
v. James E. HARVEY. CCA 36862.
No.
08-0676/AF. U.S.
v. Joseph A. HELMAN. CCA 37108.
No.
08-0677/AF. U.S.
v. John P. SCARBOROUGH. CCA 36640.
No. 08-0678/AF. U.S.
v. Eric J.T. OH. CCA S31335.
No.
08-0679/AR. U.S.
v. John D. GRAHAM. CCA 20070850.
No.
08-0680/MC. U.S.
v. Amos L. BELCARRIS. CCA 200800135.
No.
08-0681/MC. U.S.
v. Frank D. WUTERICH. CCA 200800183.
INTERLOCUTORY ORDERS
No.
08-0479/AR. U.S.
v. Shaun K. BRASINGTON. CCA 20060033. Appellee's motion to file a 10 day answer letter
out of time granted.
No.
08-0582/AR. U.S.
v. Terry L. WILLIAMS, Sr. CCA 20050024. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, but only up to
and
including July 11, 2008.
No.
08-0592/AR. U.S.
v. Jamin E. WESLEY. CCA 20060483. Appellant's motion to extend time to file the
supplement to the petition to the petition for grant of review granted,
but
only up to and including July 11, 2008.
____________________________
* Second
petition filed in this case.
DAILY
JOURNAL
No.
08-180
Friday,
June 27, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0669/AR. U.S.
v. Kevin J. SIZEMORE. CCA 20051235.
MANDATES ISSUED
No.
07-0269/AR. U.S.
v. Sean P. BRIGHT. CCA 20020938.
DAILY
JOURNAL
No.
08-179
Thursday,
June 26, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0667/NA. U.S.
v. Johntae J. WILLIAMS. CCA 200401199.
No.
08-0668/MC. U.S.
v. Casey D. SULLIVAN. CCA 200700717.
INTERLOCUTORY ORDERS
No.
07-0870/AF. U.S.
v. Charles S. ROACH. CCA S31143. Appellee's motions for leave to submit
document, and to submit the document, filed on May 7, 2008, are denied.
DAILY
JOURNAL
No.
08-178
Wednesday,
June 25, 2008
ORDERS GRANTING
PETITION FOR REVIEW
No. 08-0225/AR. U.S.
v. Eduardo LIRIANO. CCA 20061018.
Review granted on the following issue:
WHETHER
THE MILITARY JUDGE ERRED BY DENYING APPELLANT'S MOTION TO EXCLUDE A
PANEL
MEMBER FROM THE COURT-MARTIAL BECAUSE HIS SELECTION VIOLATED ARMY
REGULATION
27-10 AND ARMY REGULATION 40-1.
No
briefs will be filed under Rule 25.
No. 08-0487/AF. U.S.
v. Leon A. SWAN. CCA 36634.
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 the decision of the
United
States Air Force Court of Criminal Appeals is affirmed.*[See also APPEALS-SUMMARY DISPOSITONS this date.]
APPEALS-SUMMARY DISPOSITIONS
No.
08-0487/AF. U.S.
v. Leon A. SWAN. CCA 36634. [See
also ORDERS GRANTING PETITION FOR REVIEW this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0326/AR. U.S.
v. Brandon S. GOODNIGHT. CCA 20060037.
No.
08-0385/AR. U.S.
v. Marcus J. BOWMAN. CCA 20060916.
No.
08-0388/AR. U.S.
v. Matthew M. SCROGGS. CCA 20061173.
No.
08-0394/NA. U.S.
v. Brian K. BOWERS. CCA 200600137.
No.
08-0404/AR. U.S.
v. Dwight A. REID. CCA 20070524.
No.
08-0447/AR. U.S.
v. Richard M. DEAN. CCA 20070430.
No.
08-0462/AR. U.S.
v. David W. TANKS, Jr. CCA 20071082.
No.
08-0486/AR. U.S.
v. Jeffrey T. BEYNON. CCA 20070365.
No.
08-0505/AF. U.S.
v. Durward S. SHAW. CCA S31349.
No.
08-0511/AR. U.S.
v. Johnny L. DALTON. CCA 20071224.
No.
08-0539/AR. U.S.
v. Xavier L. TAFOYA. CCA 20070898.
No.
08-0543/AR. U.S.
v. Steven M. KNUTH. CCA 20070973.
No.
08-0544/NA. U.S.
v. Sandgennie EVANS. CCA 200700898.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0665/AR. U.S.
v. James A. FOWLER. CCA 20060719.
No.
08-0666/AR. U.S.
v. Lorenzo WALSH. CCA 20061170.
___________________
*
It
is noted that the decision of the
United States Air Force Court of Criminal Appeals incorrectly
summarized the
findings. Under Additional Charge I,
Appellant was convicted of two specifications of disrespect to a
noncommissioned officer and one specification of assaulting a
noncommissioned
officer, under Article 91, Uniform Code of Military Justice, 10 U.S.C.
§ 891
(2000). The lower court omitted any
reference to the assault and mistakenly stated that there were three
offenses
of disrespect.
DAILY
JOURNAL
No.
08-177
Tuesday,
June 24, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0813/NA. U.S.
v. Richard S. ROWE. CCA 200600184.
On further consideration of the granted issue,
__ M.J. __ (C.A.A.F. April 2, 2008), and the briefs of the parties, it
is ordered that the decision of the
United States Navy-Marine Corps Court of Criminal Appeals is affirmed.
No.
08-0148/AF. U.S.
v. Damien G. KAWAI. CCA
35366.
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 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.
08-0148/AF. U.S.
v. Damien G. KAWAI. CCA
35366.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
No.
08-0173/AR. U.S.
v. Shane T. OWENS. CCA
20050641.
On consideration of the petition for grant of
review of the decision of the United States Army
Court of Criminal Appeals, it is noted that there was no evidence that
in
Specification 1 of Charge II that Appellant engaged in his misconduct
with the
victim. See United States v.
Rodriquez-Rivera, 63 M.J. 372,
385 (C.A.A.F.
2006); United States v. McDaniel, 39 M.J. 173,
175 (C.M.A.
1994). Accordingly
said petition is hereby granted on the following issue:
WHETHER THE
EVIDENCE IS LEGALLY
INSUFFICIENT TO SUPPORT FINDINGS OF GUILTY TO CONDUCT UNBECOMING OF AN
OFFICER
BY TAKING INDECENT LIBERTIES WITH A CHILD BECAUSE APPELLANT’S ACTIONS
DID NOT
CONSTITUTE “INDECENT LIBERTIES” BECAUSE NO EVIDENCE SHOWS INTERACTION
OR
PARTICIPATION BY K.
The decision
of the United States Army Court of Criminal Appeals is reversed as to
the words
“take indecent liberties” in Specification 1 of Charge II and the
finding of
guilty as to those words is set aside and those words are dismissed. We affirm the decision of the Court of
Criminal Appeals as to the following amended Specification 1 of Charge
II and
the sentence:
In
that Captain Shane T. Owens, U.S. Army, did, at or near Lawton,
Oklahoma, on
one occasion, between on or about 1 September 2004 and on or about 31
October
2004, dishonorably look in the bathroom window from outside the house
in order
to view in the shower the naked body of “K.J.O.,” a female under 16
years of
age, not the wife of the accused, with the intent to gratify the lust
of the
accused, an act that was observed by the accused’s wife.
No.
08-0307/AF. U.S.
v. Christopher R. MILLER.
CCA 36829.
Review granted on the following issue:
WHETHER
APPELLANT'S
CONVICTION OF ATTEMPTED INDECENT LIBERTIES WITH A CHILD IS LEGALLY
SUFFICIENT
WHEN APPELLANT WAS NEVER IN THE PHYSICAL PRESENCE OF THE PURPORTED
CHILD, BUT
WAS CONVICTED ON THE BASIS OF HIS SENDING HER THROUGH THE INTERNET A
CONTEMPORANEOUS VIDEO OF HIS PERFORMING A SOLITARY SEXUAL ACT.
Briefs will be
filed under
Rule 25.
No.
08-0355/AF. U.S.
v. Ernest D. GOODIN, Jr.
CCA 36266.
Review granted on the following issue:
WHETHER THE
MILITARY JUDGE
ERRED BY ALLOWING EVIDENCE OF LEGAL PORNOGRAPHY AND SEXUAL ACTS WITH
HIS WIFE.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0664/AR.
U.S. v. Kenny R.
STANFORD. CCA 20051141.
INTERLOCUTORY ORDERS
No. 07-0096/AR.
U.S. v. Robert J.
MEDINA. CCA 20040327.
Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, but only up to
and
including July 8, 2008.
MANDATES ISSUED
No. 07-0199/AR.
U.S. v. Joshua P.
NAVRESTAD. CCA 20030335.
No. 07-0346/AR.
U.S. v. Ahmed M.
ELFAYOUMI. CCA 20010415.
DAILY
JOURNAL
No.
08-176
Monday,
June 23, 2008
PETITIONS FOR GRANT OF
REVIEW - OTHER SUMMARY DISPOSITIONS
No. 08-0534/NA. U.S.
v. Robert PERSON,
Jr. CCA 200600076.
Appellee’s motion to dismiss the petition for
grant of review is granted.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0405/NA. U.S.
v. Brian DEARING. CCA 200100291.*
No.
08-0658/AR. U.S.
v. Michael W. VESTAL. CCA 20070326.
No.
08-0659/AR. U.S.
v. Joseph C. GATTMAN. CCA 20071436.
No.
08-0660/NA. U.S.
v. Patrick P. CAMPBELL. CCA 200700643.
No.
08-0661/AR. U.S.
v. Michael R. CURLEY. CCA 20070511.
No.
08-0662/AF. U.S.
v. Barry W. BROWN. CCA 36607.
No.
08-0663/AF. U.S.
v. Justin D. WELLS. CCA S31399.
No.
08-6005/NA. U.S.
v. Steven J. MCGINNIS. CCA 200700956.
INTERLOCUTORY ORDERS
No.
07-0848/AF. U.S.
v. Linwood W. BURTON, Jr. CCA 36296. Appellant's motion to attach documents
granted.
No.
08-0578/AR. U.S.
v. David R. THOMPSON. CCA 20000342. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, but only up to
and
including July 8, 2008.
No.
08-0579/AR. U.S.
v. Marcel D. THOMPSON. CCA 20060562. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, but only up to
and
including July 8, 2008.
No.
08-0581/AF. U.S.
v. Derek J. PAULK. CCA 36952. Appellee's motion for leave to withdraw the
10-day
letter granted.
No.
08-5007/NA. U.S.,
Appellant v. Marc N. WHEELER, Appellee.
CCA 200602348. Appellant's motion
for an enlargement of time to file a certificate for review of the
decision of
the United States Navy-Marine Corps Court of Criminal Appeals granted, but only up to and including July 1,
2008, and absent
extraordinary circumstances, no further extension of time will be
granted in
this case.
_____________________
*
Second
petition filed in this case.
DAILY
JOURNAL
No.
08-175
Friday,
June 20, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 08-0082/CG. U.S.
v. Albert STELLON. CCA 1264.
On
consideration of the petition for grant of review
of the decision of the United States Coast Guard
Court of Criminal Appeals, it is ordered that said
petition is hereby granted, and the decision of the United States Coast
Guard
Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
No. 08-0280/NA. U.S.
v. Charles B.
SWANSON. CCA 200501593.
On
consideration of the petition for grant of review
of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, it is ordered that said petition is hereby granted, and the
decision
of the United States Navy-Marine Corps Court of Criminal Appeals is
affirmed. [See also ORDERS GRANTING
PETITION FOR REVIEW
this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0082/CG. U.S.
v. Albert STELLON. CCA 1264.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
No. 08-0280/NA. U.S.
v. Charles B.
SWANSON. CCA 200501593.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0490/MC. U.S.
v. Derek G. MCDONALD. CCA 200700976.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0654/AF. U.S.
v. Christopher L. STITELY. CCA 37039.
No.
08-0655/AF. U.S.
v. Brandy N. FAIDHERBE. CCA S31386.
No.
08-0656/AF. U.S.
v. Amy R. ALBANY. CCA S31416.
No.
08-0657/AF. U.S.
v. Jonathan M. LAMB. CCA 37025.
___________________
*
It is directed that the promulgating order be
corrected to add the date that the sentence was adjudged.
DAILY
JOURNAL
No.
08-174
Thursday,
June 19, 2008
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
08-8019/NA. Wayne Tatum, Petitioner v. United States, Respondent. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of error coram nobis was
filed
under Rule 27(a) on May 27, 2008, and placed on the docket this 19th
day of
June, 2008. On consideration thereof, it
is ordered that said petition is
hereby dismissed without prejudice for noncompliance with Rule 4(b)(1)
of the
Court’s Rules of Practice and Procedure.
MISCELLANEOUS DOCKET - FILINGS
INTERLOCUTORY ORDERS
No.
08-0490/MC. U.S.
v. Derek G. MCDONALD. CCA 200700976. Appellee's motion to dismiss the petition for
grant of review is denied.
No.
08-0495/NA. U.S.
v. Kimberly L. COLLIER. CCA 200601218. Appellant's second
motion to extend time to file the supplement to the
petition for grant of review granted, up
to and including July 7, 2008, and
absent extraordinary circumstances, no further extension of time will
be
granted in this case.
No.
08-0523/NA. U.S.
v. Aaron WILLIAMS. CCA 200700447. Appellee's motion to file an answer to the
supplement to the petition for grant of review out of time granted.
No.
08-0547/NA. U.S.
v. Krystal A. ESPOSITO. CCA 200700348. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, but
only up to and including July 1, 2008, and
absent extraordinary circumstances,
no further extension of time will be granted in this case.
MANDATES ISSUED
No.
07-0555/AR. U.S.
v. Daniel ORTIZ. CCA 20040672.
No.
08-5003/AF. U.S.
v. Bennie C. MELSON. CCA 36523.
DAILY
JOURNAL
No.
08-173
Wednesday,
June 18, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0258/AR. U.S.
v. DeWayne L. LIVENGOOD. CCA 20030558.
No.
08-0308/AF. U.S.
v. Steve B. BRADY. CCA 35937.
No.
08-0429/AR. U.S.
v. Justin A. RIGGINS. CCA 20070877.
No.
08-0526/AR. U.S.
v. Jason M. HAND. CCA 20070295.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0650/AR. U.S.
v. Steven L. WHITE. CCA 20060408.
No.
08-0651/AR. U.S.
v. Melanie A. MCPHERSON. CCA 20070115.
No.
08-0652/AR. U.S.
v. Jamaar R. SAULSBERRY. CCA 20080019.
No.
08-0653/AR. U.S.
v. Gary MCCARNS. CCA 20050762.
MANDATES ISSUED
No.
07-0382/MC. U.S.
v. William C. BRAGG. CCA 200600228.
No.
07-0575/MC. U.S.
v. Christopher A. GREATTING. CCA 200401945.
No.
07-0612/AR. U.S.
v. Brandon M. DACUS. CCA 20050404.
No.
07-0647/AR. U.S.
v. Robert D. MAYNARD Jr. CCA 20060121.
No.
08-5004/AR. U.S.
v. Juan R. GUTIERREZ. CCA 20040596.
DAILY
JOURNAL
No.
08-172
Tuesday,
June 17, 2008
ORDERS GRANTING
PETITION FOR REVIEW
No. 08-0260/AF. U.S.
v. Daniel J. BROWN. CCA 36695.
Review granted on the following issue:
WHETHER
THE EVIDENCE ON THE ELEMENT OF SERVICE-DISCREDITING CONDUCT WAS LEGALLY
SUFFICIENT
WHEN:
(1) THE SEXUALLY EXPLICIT CONTENT AT ISSUE INVOLVED VIRTUAL MINORS; (2)
THE
IMAGES OF VIRTUAL MINORS WERE VIEWED ON APPELLANT'S PRIVATELY-OWNED
COMPUTER,
AND (3) APPELLANT'S ACTIVITY WAS KNOWN ONLY TO LAW ENFORCEMENT
PERSONNEL
INVOLVED IN THE INVESTIGATION. SEE
U.S.
v. MASON, 60 M.J. 15
(2004), AND U.S.
v. O'CONNOR, 58 M.J. 450
(2003).
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0649/AR. U.S.
v. Menkaura A. MOSS. CCA 20071281.
DAILY
JOURNAL
No.
08-171
Monday,
June 16, 2008
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0392/AR. U.S.
v. Demetrius R.
CRUDUP. CCA 20050112.
Review granted on the following issue:
WHETHER,
AFTER FINDING A PROPER SIXTH AMENDMENT CONFRONTATION CLAUSE VIOLATION
IN THE
ADMISSION OF P. C.'S STATEMENTS, THE ARMY COURT ERRED WHEN
IT HELD THE ERROR WAS NONETHELESS HARMLESS.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0643/AR. U.S.
v. Lon R. HARRELSON. CCA 20070822.
No.
08-0644/AR. U.S.
v. Charles J. CLAYTON. CCA 20070145.
No.
08-0645/AR. U.S.
v. Jaime J. ROLON. CCA 20071231.
No.
08-0646/AF. U.S.
v. Jason M. HOOKS,. CCA 37139.
No.
08-0647/AF. U.S.
v. Patrick S. POST. CCA S31345.
No.
08-0648/AR. U.S.
v. Rodney C. BOOKER. CCA 20071214.
PETITION FOR RECONSIDERATION DENIED
No.
07-0199/AR. U.S.
v. Joshua P. NAVRESTAD. CCA 20030335. Appellant’s petition for reconsideration of
the Court’s decision, 66 M.J. 262 (C.A.A.F. 2008), denied.
DAILY
JOURNAL
No.
08-170
Friday,
June 13, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0273/AF. U.S.
v. Amber L. SAVOY. CCA 36670.
No.
08-0395/AR. U.S.
v. Ronald L. BARNETT. CCA 20070652.
No. 08-0410/AR. U.S.
v. Benjamin M. MILLER. CCA 20070829.
No.
08-0436/AR. U.S.
v. Christopher J. DOHERTY. CCA 20070613.
No.
08-0439/MC. U.S.
v. James D. MOORE. CCA 200700642.
No.
08-0457/AR. U.S.
v. Allen J. MORRIS, Jr. CCA 20070582.
No.
08-0509/AR. U.S.
v. Mikel J. TILTON. CCA 20071070.
No.
08-0519/AF. U.S.
v. Chad
M. SUKOV. CCA 37068.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0641/AR. U.S.
v. Reginald O. ROBINSON. CCA 20071018.
No.
08-0642/AR. U.S.
v. Eric R. ARMSTRONG. CCA 20060233.
INTERLOCUTORY ORDERS
No.
08-0246/NA. U.S.
v. David V. MENDOZA. CCA 200602353. Appellant's motion to correct errata granted.
DAILY
JOURNAL
No.
08-169
Thursday,
June 12, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0020/AR. U.S.
v. Lucille S.
DIXON. CCA 20050954.
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 hereby granted, and the decision of
the United
States Army Court of Criminal Appeals is affirmed.[See also ORDERS
GRANTING PETITION
FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0020/AR. U.S.
v. Lucille S.
DIXON. CCA 20050954.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
No. 07-0900/MC. U.S.
v. Carlos J.
RODRIGUEZ. CCA 9900997.
Review granted on the following issues:
WHETHER
THE MILITARY JUDGE IMPROPERLY SHIFTED THE BURDEN OF PROOF TO APPELLANT
IN
ASKING APPELLANT TO EXPLAIN THE VICTIM'S MOTIVES IN ACCUSING HIM OF
SEXUAL ABUSE.
WHETHER
THIS COURT HAS JURISDICTION TO CONSIDER APPELLANT'S UNTIMELY PETITION
IN LIGHT
OF BOWLES v. RUSSELL, 127 S.Ct. 2360 (2007).
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0238/AF. U.S.
v. William E. WOODARD, Jr. CCA 36838.
No.
08-0254/NA. U.S.
v. Thalese GORDON. CCA 200600942.
No. 08-0341/AF. U.S.
v. Jamie L. STRICKLAND. CCA 36589.
No.
08-0349/MC. U.S.
v. Frederico S. PIMIENTA. CCA 200700270.
No.
08-0427/AF. U.S.
v. Scott C. ODOM. CCA 36953.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0636/AR. U.S.
v. Ben J. DELZOPPO. CCA 20070224.
No.
08-0637/AR. U.S.
v. Matthew T. WHITE. CCA 20070891.
No.
08-0638/MC. U.S.
v. Victor L. SPARKS. CCA 200700568.
No.
08-0639/NA. U.S.
v. John A. DOSSEY. CCA 200700537.
No.
08-0640/AR. U.S.
v. Daniel R. RAYBON. CCA 20061180.
INTERLOCUTORY ORDERS
No. 08-0339/AF.
U.S. v. Derrick M.
WILLIAMS. CCA
36679. 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 Appellee will submit an Answer to
the
Supplement within 15 days of the date of this order.
See United States v. Adcock, 65 M.J. 18
(C.A.A.F.
2007). A reply may be filed by Appellant
within 5 days of Appellee’s answer.
DAILY
JOURNAL
No.
08-168
Wednesday,
June 11, 2008
APPEALS - SUMMARY
DISPOSITIONS
No.
03-0403/NA. U.S.
v. Robert F. BRINTON.
CCA 200001971.
On consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, said petition is hereby granted, and the decision of the
United States
Navy-Marine Corps Court of Criminal Appeals is affirmed.[See also
ORDERS
GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No.
03-0403/NA.
U.S. v. Robert F. BRINTON. CCA 200001971. [See also APPEALS-SUMMARY DISPOSITIONS this
date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 08-0045/NA.
U.S. v. David L.
SAVAGE. CCA 200500494.
No. 08-0226/AR.
U.S. v. Friday O.
AYENI. CCA 20030328.
No. 08-0296/AR.
U.S. v. Lennohn D. A.
CHARLES. CCA 20051017.
No. 08-0396/AR.
U.S. v. Ronald E.
COOK. CCA 20060261.
No. 08-0483/AR.
U.S. v. Joseph L.
SMITH. CCA 20070963.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0629/AR.
U.S. v. David M.
ROMERO. CCA 20071096.
No. 08-0630/AR.
U.S. v. Shavonn E.
WYNNE. CCA 20070979.
No. 08-0631/NA.
U.S. v. Russell E.
SIMMONS. CCA 200800148.
No. 08-0632/AF.
U.S. v. Brandon M.
GUIDRY. CCA 37034.
No. 08-0633/AF.
U.S. v. Jed Y.
HEFFERNAN. CCA 37089.
No. 08-0634/AF.
U.S. v. Anthony D.
THOMPKINS. CCA S31384.
No. 08-0635/AF.
U.S. v. Marquis A.
FAILS. CCA S31374.
INTERLOCUTORY ORDERS
No. 08-0223/AR.
U.S. v. Mario
CASTANEDA,
Jr. CCA 20041210. Appellant's
motion to attach the documents in
Defense Exhibit A is denied.
No. 08-0238/AF.
U.S. v. William E.
WOODARD,
Jr. CCA 36838. Appellant's
motions to raise issues pursuant
to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and
to attach
document in support of the motion to raise issues pursuant to United
States
v. Grostefon are granted.
No. 08-0415/AR.
U.S. v. Brandon KENT. CCA 20060221. Appellant's
motion for leave to file the supplement
to the petition for grant of review out of time is granted.
MANDATES ISSUED
No. 07-0787/MC.
U.S. v. Justin A.
INABINETTE. CCA 200602228.
DAILY
JOURNAL
No.
08-167
Tuesday,
June 10, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0434/AR. U.S.
v. Marques A. BRYANT. CCA 20070889.
MANDATES ISSUED
No. 07-0544/AR. U.S.
v. Kevin L. McILWAIN. CCA 20040095.
No.
07-5004/AF. U.S.
v. Michael C. MILLER. CCA 2007-02.
DAILY
JOURNAL
No.
08-166
Monday,
June 9, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0625/AF. U.S.
v. Eric M. MURRELL. CCA S31388.
No.
08-0626/AR. U.S.
v. Michael A. SCARDINA. CCA 20071115.
No.
08-0627/AR. U.S.
v. Andres M. VEGA. CCA 20050964.
No.
08-0628/AR. U.S.
v. Brian A. MANIFOLD. CCA 20071062.
INTERLOCUTORY ORDERS
No.
08-0465/MC. U.S.
v. Israel
CARROMERO. CCA 200602334. Appellant's
second motion to extend time to file the
supplement to the
petition for grant of review granted, up
to and including June 16, 2008, and
absent extraordinary circumstances, no further extension of time will
be
granted in this case.
No.
08-5007/NA. U.S.
v. Marc N. WHEELER. CCA 200602348. Notice
is hereby given that a motion for enlargement of time to file a
certificate for
review of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals was filed by the United States under Rule
30 on this date.
MANDATES ISSUED
No.
07-0639/MC. U.S.
v. David M. BROOKS. CCA 200501266.
DAILY
JOURNAL
No.
08-165
Friday,
June 6, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0615/NA. U.S.
v. Stephen P. CHATFIELD. CCA 2006002256.
No.
08-0616/AF. U.S.
v. Ryan K. BOWEN. CCA S31351.
No.
08-0617/AF. U.S.
v. Wesley L. GRAVING II. CCA S31362.
No.
08-0618/AF. U.S.
v. Leon
GREENWOOD.
CCA 36461.
No.
08-0619/AF. U.S.
v. Steven D. JENNINGS. CCA 36890.
No.
08-0620/AF. U.S.
v. Ian D. LANIER. CCA S31344.
No.
08-0621/AF. U.S.
v. Jessica L. MALLORY. CCA S31245.
No.
08-0622/AF. U.S.
v. Kevin E. NAPIER. CCA S31401.
No.
08-0623/AF. U.S.
v. Christopher R. WILLIAMS. CCA 37098.
No.
08-0624/AF. U.S.
v. Edward R. RODICAN. CCA S31352.
DAILY
JOURNAL
No.
08-164
Thursday,
June 5, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0116/AF. U.S.
v. Troy
J. FRANKS. CCA 36541.
No.
08-0377/NA. U.S.
v. Brian T. PICKERING. CCA 200700661.
No.
08-0420/AR. U.S.
v. John A. BENTON. CCA 20070960.
No.
08-0423/AR. U.S.
v. Corey D. JOHNSON. CCA 20070866.
No.
08-0424/AR. U.S.
v. Jonathan H. RODRIGUEZ. CCA 20061046.
No.
08-0437/AR. U.S.
v. Miguel O. SANCHEZ. CCA 20060958.
No.
08-0441/AF. U.S.
v. Timothy K. POLIAK. CCA S31336.
No.
08-0464/AR. U.S.
v. Michael J. PETERSON. CCA 20070515.
No.
08-0498/AR. U.S.
v. Joshua O. PAYNE. CCA 20070908.
No.
08-0510/AR. U.S.
v. Pablo O. RIVERA. CCA 20070826.
No. 08-0522/AR. U.S.
v. David J. GATEWOOD. CCA 20070774.
No.
08-0529/AR. U.S.
v. Jonathan S. BLAKEY. CCA 20070939.
No.
08-0533/MC. U.S.
v. Joshua B. HEBBEL. CCA 200700986.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0614/AR. U.S.
v. Michael VILLENA. CCA 20070310.
MANDATES ISSUED
No.
07-0247/AF. U.S.
v. Dustin M. HART. CCA 36253.
No.
07-0482/MC. U.S.
v. Matthew K. TRAVIS. CCA 200600519.
DAILY
JOURNAL
No.
08-163
Wednesday,
June 4, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0519/AR. U.S.
v. Luis A. AGUILAR. CCA 20021439.*
No.
08-0610/AR. U.S.
v. Justin S. SHELTON. CCA 19991201.
No.
08-0611/CG. U.S.
v. Enrique RAMOS. CCA 1272.
No.
08-0612/AF. U.S.
v. Esau TUBERVILLE, JR. CCA S31139. Notice
is hereby given that a petition for grant of review of the decision of
the
United States Air Force Court of Criminal Appeals
was offered for filing under Rule 20, together with Appellant’s motion
to file
the same out of time on this date.
Appellee shall file an answer to
Appellant’s motion on or before the 11th day of June, 2008. Further action on the petition shall be held
in abeyance pending the Court’s final action on the motion.
No.
08-0613/AR. U.S.
v. Christopher J. MATTHEWS. CCA 20030404.
INTERLOCUTORY ORDERS
No.
08-0365/AR. U.S.
v. John M. DIAMOND. CCA 20010761. Appellant's motion for leave to file a
reply
out of time is granted.
_____________________
* Second
petition
filed in this case.
DAILY
JOURNAL
No.
08-162
Tuesday,
June 3, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0190/NA. U.S.
v. Carlos CRUZ-EUCEDA. CCA 200602327.
No.
08-0299/AR. U.S.
v. Kelly S. BRICE. CCA 20070519.
No.
08-0302/AF. U.S.
v. Jason M. FYE. CCA 36476.
No.
08-0331/AF. U.S.
v. Eric T. WILLIAMS. CCA S31147.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0604/AR. U.S.
v. David PISANELLI. CCA 20071205.
No.
08-0605/AR. U.S.
v. David O. COOK. CCA 20071365.
No.
08-0606/AR. U.S.
v. Andrew G. WATSON. CCA 20070978.
No.
08-0607/AR. U.S.
v. Victor J. PORTALES. CCA 20051348.
No.
08-0608/AR. U.S.
v. Stephen B. WILLETT. CCA 20071420.
No.
08-0609/AR. U.S.
v. Daniel T. CARRIERI. CCA 20050960.
MANDATES ISSUED
No.
07-0527/MC. U.S.
v. Joey M. GALLAGHER. CCA 200400151.
DAILY
JOURNAL
No.
08-161
Monday,
June 2, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 08-0213/NA. U.S.
v. Matthew STEVENS. CCA 200401069.
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
on the following issue:
WHETHER APPELLANT
RECEIVED THE BENEFIT
OF HIS PRETRIAL AGREEMENT BECAUSE THE GOVERNMENT FAILED TO FULFILL ITS
OBLIGATIONS UNDER THE AGREEMENT.
No. 08-0285/AF. U.S.
v. Joshua W.
HUDDLESTON. CCA 36875.
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 the
decision of the United States Air Force
Court of Criminal Appeals is affirmed.*
No.
08-0316/NA. U.S.
v. Robert L. CAMPI. CCA
200700563.
On consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, it is noted that in the stipulation of fact, Appellant only
admitted
to stealing one Lan-Cay M9, not two, yet the military judge accepted
his plea
to stealing two. Accordingly, in light
of this error, it is ordered that
said petition is hereby granted, and the decision of the United States
Navy-Marine Corps Court of Criminal Appeals is affirmed, except for the
word
and figure, “Two (2)” in item 31 of the Specification under Charge III, substituting
the word,
“One.” The finding of guilty as to the
excepted word and figure is set aside and dismissed. [See also ORDERS
GRANTING
PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0200/NA. U.S.
v. Michael C.
DIPAOLA. CCA 200602442.
Review granted on the following issue:
WHETHER
THE MILITARY JUDGE ERRED WHEN HE REFUSED TO INSTRUCT THE MEMBERS ON THE
DEFENSE
OF MISTAKE OF FACT AS TO SPECIFICATION 2 OF CHARGE II.
Briefs
will be filed under Rule 25.
No. 08-0213/NA. U.S.
v. Matthew STEVENS. CCA 200401069.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
No. 08-0285/AF. U.S.
v. Joshua W.
HUDDLESTON. CCA 36875.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
No. 08-0316/NA. U.S.
v. Robert L. CAMPI. CCA 200700563.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0236/AF. U.S.
v. Prestin E. LONG. CCA 36683.
No.
08-0294/AR. U.S.
v. Edmundo F. ESTRADA. CCA 20070446.
No.
08-0454/AF. U.S.
v. Gavin G. TICHNELL. CCA S31347.
No.
08-0470/AR. U.S.
v. Daniel R. STEVENSON. CCA 20071111.
No.
08-0485/AR. U.S.
v. Benjamin J. DEZOPPO. CCA 20071158.
No.
08-0530/AR. U.S.
v. Kyle S. LANDRETH. CCA 20071020.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0591/AR. U.S.
v. Harvey A. GARDINIER II. CCA 20020427.**
No.
08-0603/NA. U.S.
v. Tyler M. STRADER. CCA 20600385.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
08-8018/NA.
In re John A. DOSSEY, USN. CCA
200700537.
On consideration of the
Government’s
motion to withdraw the petition for
extraordinary relief, said motion is hereby
granted.
INTERLOCUTORY ORDERS
No.
08-0525/AR. U.S.
v. James C. GENTRY. CCA 20061028. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, but only up to
and
including June 17, 2008.
MANDATES ISSUED
No.
07-0701/CG. U.S.
v. Carl T. BRIDGES. CCA 1233.
No.
07-0796/AF. U.S.
v. Antonyo T. ADAMS. CCA 36226.
____________________
** Second petition
filed in this case.