UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-096

Tuesday, January 31, 2012

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0196/AF. U.S. v. Timothy R. ESTES. CCA S31886.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0554/AR. U.S. v. Terry D. RORRO. CCA 20100750.*

No. 12-0287/NA. U.S. v. Michael D. SILVERSTEIN. CCA 201100407.

No. 12-0288/AF. U.S. v. Yovette A. DESOUZA. CCA 37933.

No. 12-0289/AF. U.S. v. James D. FRIIS. CCA S31868.

No. 12-0290/AF. U.S. v. Colin J. FAGAN. CCA 37990.

No. 12-0291/AF. U.S. v. Samantha R. LASHLEY. CCA 37859.

No. 12-0292/AF. U.S. v. Jeffery S. WESTENHAVER. CCA S31952.

 

INTERLOCUTORY ORDERS

 

No. 12-0286/AF. U.S. v. Paul A. TITCOMBE. CCA 37618. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 21, 2012.

_______________________________

 

* Second petition file in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-095

Monday, January 30, 2012

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0286/AF. U.S. v. Paul A. TITCOMBE. CCA 37618.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 12-8013/AF. David J.A. GUTIERREZ, Petitioner v. The United States and United States Air Force Court of Criminal Appeals, Respondents. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of prohibition was electronically filed under Rule 27(a) on this date.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 12-0114/AF. United States, Appellee v. Christopher R. HOWARD, Appellant. CCA S31662. On consideration of Appellant's petition for reconsideration of this Court's order, __ M.J. __ (Daily Journal January 5, 2012), it is ordered that said petition for reconsideration is hereby denied.


INTERLOCUTORY ORDERS

 

No. 09-5003/AF. U.S. v. Brandon T. ROSE. CCA 36508. Appellee's motion to correct erratum granted.

 

No. 12-0008/AR. U.S. v. Alaa M. ALI. CCA 20080559. On consideration of the motion of John F. O'Connor, Esq., and Michael J. Navarre, Esq., for leave to participate as amici curiae, it is ordered that said motion is hereby granted.

 

No. 12-0053/AR. U.S. v. Richard L. EASTON. CCA 20080640. Appellant's motion to file a brief and supplement to the joint appendix is granted.

 

No. 12-0203/AR. U.S. v. Jacob A. RACINE. CCA 20100021. 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 February 10, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0280/AR. U.S. v. Brandon A. LOPEZ. CCA 20090564. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 16, 2012.

 

No. 12-0281/AR. U.S. v. Jason A. KELLER. CCA 20100600. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 16, 2012.

 

No. 12-0282/AR. U.S. v. Michael A. GARNER. CCA 20080401. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 16, 2012.

 

No. 12-0285/AR. U.S. v. Benjamin M. ACKMAN. CCA 20090615. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 8, 2012 .




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-094

Friday, January 27, 2012

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 12-0165/MC. U.S. v. Stephen L. SCARINGELLO. CCA 201100192. Review granted on the following issue:

 

WHETHER THE NMCCA MISAPPLIED THIS COURT'S HOLDINGS IN UNITED STATES v. FOSLER AND UNITED STATES v. WATKINS IN FINDING THAT, DESPITE FAILING TO EXPRESSLY ALLEGE THE TERMINAL ELEMENT, THE ARTICLE 134 SPECIFICATION HERE STATES AN OFFENSE.

 

No briefs will be filed under Rule 25.

 

No. 12-0195/AR. U.S. v. Chad E. GIBBS. CCA 20110083. Review granted on the following issue:

 

WHETHER SPECIFICATIONS 1-4 OF CHARGE III FAIL TO STATE AN OFFENSE BECAUSE THEY DO NOT EXPRESSLY ALLEGE OR NECESSARILY IMPLY THE TERMINAL ELEMENTS OF ARTICLE 134, UCMJ.

 

No briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0113/AF. U.S. v. Timothy J. GAZZOLA. CCA S31764.

No. 12-0134/AR. U.S. v. Jonathon L. TRUSS. CCA 20080988.

No. 12-0189/AR. U.S. v. George SHEARS. CCA 20100027.

No. 12-0217/AR. U.S. v. Hal M. WARNER. CCA 20090152.

No. 12-0228/AR. U.S. v. Carroll J. KIRK, III. CCA 20101048.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0380/MC. U.S. v. Napoleon C. HERNANDEZ. CCA 201000427.*

No. 11-0537/MC. U.S. v. Christopher M. HARRIS. CCA 201000341.*

No. 11-0564/MC. U.S. v. Bradley A. MORALES. CCA 201000057.*

No. 11-0599/AR. U.S. v. Michael D. DARROW. CCA 20100816.*

No. 12-0057/AR. U.S. v. Roy E. BUHROW III. CCA 20100911.*

No. 12-0279/AR. U.S. v. Paul A. LAMORA. CCA 20110131.

No. 12-0280/AR. U.S. v. Brandon A. LOPEZ. CCA 20090564.

No. 12-0281/AR. U.S. v. Jason A. KELLER. CCA 20100600.

No. 12-0282/AR. U.S. v. Michael A. GARNER. CCA 20080401.

No. 12-0283/MC. U.S. v. Jeremiah I. HACKLER. CCA 201100323.

No. 12-0284/AR. U.S. v. William K. SPEARS. CCA 20110462.

No. 12-0285/AR. U.S. v. Benjamin M. ACKMAN. CCA 20090615.

______________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-093

Thursday, January 26, 2012

 

APPEALS-SUMMARY DISPOSITIONS

 

No. 12-0160/MC. U.S. v. Marvin B. FLETCHER. CCA 201000421. 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.]

 

* It is directed that the United States Navy-Marine Corps Court of Criminal Appeals substitute a corrected CCA opinion to fix the obvious clerical error in the decretal paragraph to change Charge III to Charge IV.

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 12-0199/AF. U.S. v. Erik W. BULLENS. CCA S31737. Review granted on the following issue:

 

WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME COURT'S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT'S OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).

 

No briefs will be filed under Rule 25.

 

No. 12-0160/MC. U.S. v. Marvin B. FLETCHER. CCA 201000421. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0525/AF. U.S. v. Michael P. GRAFMULLER. CCA 37524.*

No. 12-0276/MC. U.S. v. Jose A. JIMENEZ. CCA 201100187.

No. 12-0277/AF. U.S. v. Donald J. VENTURINO. CCA 37929.

No. 12-0278/AR. U.S. v. Richard J. MCINNISH. CCA 20090923.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 12-8012/AF. David J.A. GUTIERREZ, Petitioner v. United States and United States Air Force Court of Criminal Appeals, Respondents. Notice is hereby given that a petition for extraordinary relief in the nature of an emergency stay was electronically filed under Rule 27(a) on this date.

INTERLOCUTORY ORDERS

 

No. 12-0244/AR. U.S. v. Joshua D. PROCTOR. CCA 20100289. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including February 14, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0272/AF. U.S. v. Timur TIMERHANOV. CCA 37685. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 14, 2012.

______________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-092

Wednesday, January 25, 2012

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0383/NA. U.S. v. Gary W. LUMPKINS, Jr. CCA 201000554.*

No. 11-0427/AR. U.S. v. Nicholas A. PATLA. CCA 20100809.*

No. 11-0434/AR. U.S. v. David J. ISENHOWER. CCA 20100354.*

No. 12-0266/AR. U.S. v. Ryan M. NASMYTH. CCA 20110188.

No. 12-0267/AR. U.S. v. Derrick A. JOHNS. CCA 20110374.

No. 12-0268/NA. U.S. v. James A. SCHNELL. CCA 201100204.

No. 12-0269/AR. U.S. v. William P. CALDWELL. CCA 20110538.

No. 12-0270/AR. U.S. v. David L. EASTIN. CCA 20100581.

No. 12-0271/AF. U.S. v. Craig M. SANDERS. CCA S31941.

No. 12-0272/AF. U.S. v. Timur TIMERHANOV. CCA 37685.

No. 12-0273/AF. U.S. v. Brandon R. BOOTHE. CCA S31943.

No. 12-0274/AF. U.S. v. Abel T. ORONA. CCA 37815.

No. 12-0275/AF. U.S. v. Joshua S. FLEURY. CCA S31944.

_________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-091

Tuesday, January 24, 2012

 

HEARINGS

 

No. 11-0462/AR. U.S. v. Christopher A. BARBERI. CCA 20080636.

No. 11-0399/NA. U.S. v. Willie A. BRADLEY. CCA 200501089.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0204/AR. U.S. v. Rodolfo SERNA-RAMIREZ. CCA 20100129.

No. 12-0221/AF. U.S. v. Miguel P. MEJIA. CCA S31922.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0264/AR. U.S. v. Robert O. BOZEMAN. CCA 20080711.

No. 12-0265/AR. U.S. v. Joshua K. WILL. CCA 20100273.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-090

Monday, January 23, 2012

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 09-0079/AR. U.S. v. James T. MURPHY. CCA 19872873. Review granted on the following issue:

 

WHETHER THE SPECIFICATION OF CHARGE II AND THE SPECIFICATION OF ADDITIONAL CHARGE II FAIL TO STATE AN OFFENSE UNDER THE SUPREME COURT'S HOLDING IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES AND THIS COURT'S OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2001).

 

No briefs will be filed under Rule 25.

 

BAKER, Chief Judge (dissenting):

 

I dissent for the reasons stated in my dissenting opinion in Fosler. United States v. Fosler, 70 M.J. 225, 240-47 (C.A.A.F. 2011).

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0262/AR. U.S. v. Adam J. DEMANCHE, III. CCA 20110328.

No. 12-0263/AR. U.S. v. Kevin D. GOODMAN. CCA 20110144.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-089

Friday, January 20, 2012

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0190/AR. U.S. v. Ivan H. HUOT. CCA 20100903.

No. 12-0215/AR. U.S. v. Aaron J. MEDINA. CCA 20100469.

No. 12-0220/AR. U.S. v. Andrew T. STRONG. CCA 20100635.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0486/NA. U.S. v. Akeem A. WILKINS. CCA 201000289.*

No. 12-0256/AR. U.S. v. Kevin L. RITCHSON. CCA 20110572.

No. 12-0257/AR. U.S. v. Patrick B. HART. CCA 20110215.

No. 12-0258/AR. U.S. v. Diener VASCONCELOS. CCA 20110303.

No. 12-0259/AR. U.S. v. Justin C. WIESENHOFER. CCA 20100041.

No. 12-0260/AR. U.S. v. Patrick A. FAUST. CCA 20090080.

No. 12-0261/AF. U.S. v. Christopher P. GOMEZ. CCA S31937.

________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-088

Thursday, January 19, 2012

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 12-0136/AR. U.S. v. Colin M. JAMESON. CCA 20090908. Review granted on the following issue:

 

WHERE A SPECIFICATION CHARGED UNDER ARTICLE 134, UCMJ, FAILS TO STATE AN OFFENSE UNDER UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011), BY NOT INCLUDING THE TERMINAL ELEMENTS FOR CLAUSE 1 OR 2, CAN AN ACCUSED PROVIDENTLY PLEAD GUILTY TO SUCH A SPECIFICATION WHERE HE FAILS TO OBJECT TO THE SPECIFICATION AT TRIAL, WHERE THE MILITARY JUDGE ADVISES THE ACCUSED OF THE TERMINAL ELEMENTS DURING THE PROVIDENCE INQUIRY, AND THE ACCUSED ADMITS TO ALL THE ELEMENTS?

 

No briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0049/AF. U.S. v. Cory J. QUINN. CCA S31747.

No. 12-0212/AR. U.S. v. Ismael A. VILLANUEVA. CCA 20090967.

No. 12-0213/AR. U.S. v. Matthew J. BAILEY. CCA 20100979.

No. 12-0214/AR. U.S. v. Jordan L. WILSON. CCA 20110003.

No. 12-0216/AR. U.S. v. Donald A. WHITTEN III. CCA 20100353.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-087

Wednesday, January 18, 2012

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 09-0043/AR. U.S. v. Neil S. LUBASKY. CCA 20020924.

No. 12-0146/NA. U.S. v. Keith C. GARRETT. CCA 201100140.

No. 12-0147/MC. U.S. v. Phillip J. APODACA. CCA 201100008.

No. 12-0177/AR. U.S. v. Eric FIGUEROAMARCIAL. CCA 20090056.

No. 12-0201/MC. U.S. v. Victor G. RAMOS. CCA 201100264.

No. 12-0205/AR. U.S. v. Winston C. BRIERLEY. CCA 20110122.

No. 12-0207/AR. U.S. v. Tiuti VAIMAONA. CCA 20110185.

No. 12-0208/AF. U.S. v. Tommy MAHONEY, Jr. CCA S31854.

No. 12-0209/AF. U.S. v. Thomas T. JONES. CCA 37788.

No. 12-0210/AF. U.S. v. Edward A. JIMENEZ. CCA S31920.

No. 12-0211/AF. U.S. v. David A. HOLLINGSWORTH. CCA 37765.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0227/NA. U.S. v. Ros L. DAVIS. CCA 201000302.*

No. 12-0255/AR. U.S. v. Christopher S. KELCH. CCA 20110463.

 

INTERLOCUTORY ORDERS

 

No. 12-0053/AR. U.S. v. Richard L. EASTON. CCA 20080640. Appellant's motion to extend time to file a brief granted, up to and including January 20, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0071/AR. U.S. v. Robert M. BIGBACK. CCA 20101044. Appellant's motion to extend time to file a brief granted, up to and including January 27, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0131/AR. U.S. v. Robert L. MURCHISON. CCA 20101052. Appellant's motion to extend time to file a brief granted, up to and including January 30, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.


________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-086

Tuesday, January 17, 2012

 

APPEALS-SUMMARY DISPOSITIONS

 

No. 11-0625/AR. U.S. v. Larry E. HENDERSON, Jr. CCA 20090613. Review granted on the following issues:

 

WHETHER, IN LIGHT OF BULLCOMING v. NEW MEXICO, 131 S.CT. 2705 (2011), APPELLANT WAS DENIED MEANINGFUL CROSS-EXAMINATION OF GOVERNMENT WITNESSES WHO PERFORMED AND OBSERVED THE ERRONEOUSLY ADMITTED LABORATORY TESTS IN VIOLATION OF HIS SIXTH AMENDMENT RIGHT OF CONFRONTATION WHEN THE MILITARY JUDGE ALLOWED THE EXPERT TOXICOLOGIST TO TESTIFY TO NON-ADMISSIBLE HEARSAY.

 

WHETHER APPELLANT WAIVED THE CONFRONTATION CLAUSE ISSUE WITH RESPECT TO THE FORENSIC LABORATORY REPORTS BY ONLY OBJECTING TO THEIR ADMISSION BASED ON AN INADEQUATE CHAIN OF CUSTODY.

 

The decision of the United States Army Court of Criminal Appeals is vacated. The record of trial is returned to the Judge Advocate General of the Army for remand to that court for consideration of the granted issues. [See also ORDERS GRANTING PETITION for review this date.]

 

No. 12-0142/NA. U.S. v. Osborn N. MIRANDA. CCA 201100084. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, we note that the convening authority approved the sentence, which included a bad-conduct discharge, and then stated, "In accordance with the UCMJ, Rules for Courts-Martial, applicable regulations, and this action, the sentence is ordered executed." Under Article 71(c)(1), UCMJ, a punitive discharge cannot be ordered executed until, after the completion of direct appellate review, there is a final judgment as to the legality of the proceedings. Thus, to the extent that the convening authority's action purported to execute the bad-conduct discharge, it was a nullity. To avoid any error in this regard, we again suggest that the model "Forms for Action" in Manual for Courts-Martial, United States app. 16 at A16-1 - A16-6 (2008 ed.) be revised. See United States v. Politte, 63 M.J. 24, 26 n.11 (C.A.A.F. 2006). Accordingly, 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. 09-5003/AF. U.S. v. Brandon T. ROSE. CCA 36508. Review granted on the following issue:

 

WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME COURT'S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT'S OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).

 

No briefs will be filed under Rule 25.

 

No. 11-0625/AR. U.S. v. Larry E. HENDERSON, Jr. CCA 20090613. [See also APPEALS-SUMMARY DISPOSITIONS for review this date.]

 

No. 12-0132/AR. U.S. v. Kristopher M. HILOU. CCA 20100770. Review granted on the following issue:

 

WHETHER THE SPECIFICATION OF CHARGE II FAILS TO STATE AN OFFENSE AS IT DOES NOT ALLEGE, EXPRESSLY OR BY NECESSARY IMPLICATION, "THE TERMINAL ELEMENT" AS REQUIRED BY UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).

 

No briefs will be filed under Rule 25.

 

No. 12-0142/NA. U.S. v. Osborn N. MIRANDA. CCA 201100084.  [See also APPEALS-SUMMARY DISPOSITIONS for review this date.]

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0034/AR. U.S. v. Joel L. KAIN, II. CCA 20100490.*

No. 12-0046/AR. U.S. v. Daniel A. SMELSER. CCA 20110114.*

No. 12-0253/AF. U.S. v. Jordan R. FLYNN. CCA 37992.

No. 12-0254/AF. U.S. v. Richard A. WEBB. CCA 37935.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 12-8010/AR. In Re Calvin J. Davenport. CCA 20081102. On consideration of the petition for extraordinary relief in the nature of a writ of prohibition and Petitioner's motion to stay the proceedings, it is ordered that said motion to stay the proceedings is hereby denied, and said petition is hereby denied without prejudice to raising the issue in the normal course of appellate review.

_________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-085

Friday, January 13, 2012

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 12-0030/AR. U.S. v. Michael C. BEHENNA. CCA 20090234. Review granted on the following issues:

 

WHETHER THE MILITARY JUDGE'S ERRONEOUS INSTRUCTION LIMITING THE RIGHT TO SELF-DEFENSE DEPRIVED APPELLANT OF HIS CONSTITUTIONAL RIGHT TO A FAIR TRIAL.

 

WHETHER THE GOVERNMENT'S FAILURE TO DISCLOSE FAVORABLE INFORMATION TO THE DEFENSE DEPRIVED APPELLANT OF HIS CONSTITUTIONAL RIGHT TO A FAIR TRIAL.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0166/AR. U.S. v. Joshua R. STOVALL. CCA 20100876.

No. 12-0170/AR. U.S. v. Larry E. PARKS, Jr. CCA 20110176.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0248/AF. U.S. v. Eric L. BROWN. CCA 37851.

No. 12-0249/AR. U.S. v. Thomas E. DURHAM. CCA 20100488.

No. 12-0250/AF. U.S. v. Marcus J. BENNETT. CCA S31802.

No. 12-0251/AF. U.S. v. Ermen-Rene BARNETT. CCA 37578.

No. 12-0252/AR. U.S. v. Jesse J. BRAY. CCA 20100029.

 

INTERLOCUTORY ORDERS

 

No. 11-0399/NA. U.S. v. Willie A. BRADLEY. CCA 200501089.

No. 11-0462/AR. U.S. v. Christopher A. BARBERI. 20080636.

 

In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above-referenced cases, and that Senior Judge Effron has consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2006).

 

No. 12-0030/AR. U.S. v. Michael C. BEHENNA. CCA 20090234. On consideration of the motion for leave to file an amicus curiae brief by the National Association of Criminal Defense Lawyers and Appellant's motion to consider the brief on behalf of Appellant filed with the United States Army Court of Criminal Appeals, it is ordered that said motions are hereby denied. The denial of the motion for leave to file an amicus curiae brief in support of the petition for grant of review is without prejudice to the filing of a motion for leave to file an amicus curiae brief on the issues granted review on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-084

Thursday, January 12, 2012

 

INTERLOCUTORY ORDERS

 

No. 11-0639/AR. U.S. v. Tanner P. FORRY. CCA 20080334. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including January 26, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0147/MC. U.S. v. Phillip J. APODACA. CCA 201100008. Appellant's motion to attach documents and Appellee's motion to file an opposition to Appellant's motion to attach documents out of time are hereby denied.

 

No. 12-0222/AR. U.S. v. Terrance L. ABERNATHY. CCA 20110229. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including January 26, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-8011/AR. Charles GRANER, Jr. Appellant. v. United States, Appellee. Appellee's motion to extend time to file an answer to the writ-appeal petition is granted to February 8, 2012.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-083

Wednesday, January 11, 2012

 

HEARINGS

 

No. 11-0440/MC. U.S. v. Nicholas S. STEWART. CCA 201000021.

 

APPEALS-SUMMARY DISPOSITIONS

 

No. 12-0125/AR. U.S. v. Robert A. LYON. CCA 20090792. Review granted on the following issue:

 

WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME COURT'S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT'S OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).

 

The decision of the United States Army Court of Criminal Appeals is vacated. The record of trial is returned to the Judge Advocate General of the Army for remand to that court for consideration of the granted issue in light of United States v. Fosler, 70 M.J. 225 (C.A.A.F. 2011).[See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

BAKER, Chief Judge (dissenting):

 

I dissent for the reasons stated in my dissenting opinion in Fosler. United States v. Fosler, 70 M.J. 225, 240-47 (C.A.A.F. 2011).

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 12-0164/AR. U.S. v. Jason S. CHAMBERLAIN. CCA 20100775. Review granted on the following issue:

 

WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME COURT'S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT'S OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).

 

Briefs will be filed under Rule 25.

 

No. 12-0182/AR. U.S. v. Nathaniel D. BOZMAN. CCA 20110077. Review granted on the following issue:

 

WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME COURT'S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT'S OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).

 

Briefs will be filed under Rule 25.

 

No. 12-0125/AR. U.S. v. Robert A. LYON. CCA 20090792. [See also APPEALS-SUMMARY DISPOSITIONS for this date.]

 

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0123/AR. U.S. v. Andre K. HARDAWAY III. CCA 20100139.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0362/AR. U.S. v. Thomas G. GENTRY. CCA 20080985.*

No. 11-0629/AR. U.S. v. Jesse V. SPIELMAN. CCA 20070883.*

No. 11-0640/AR. U.S. v. Robert L. MCCULLOUGH. CCA 20090206.*

No. 12-0245/AR. U.S. v. Thomas A. SCOTT. CCA 20091087.

No. 12-0246/AR. U.S. v. Matthew E. GRIFFIN. CCA 20110376.

No. 12-0247/AR. U.S. v. Nelson PEREZ-ZAMOT. CCA 20110389.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 12-8008/AR. Julian ASSANGE, and WIKILEAKS, Appellants v. United States and Lieutenant Colonel Paul ALMANZA, Appellees. CCA 20111146. On consideration of the writ-appeal petition; the motion filed by Baher Azmy, Esq., to appear pro hac vice; Appellant's motion to supplement the record; the motion for leave to file a joint appendix; and Appellee's motion to attach affidavit, it is ordered that said motions are hereby granted, and said writ-appeal petition is hereby denied.

___________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-082

Tuesday, January 10, 2012

 

HEARINGS

 

No. 12-6001/AF. U.S. v. Scott M. DEASE, Jr. CCA 2011-04.

No. 11-0526/AF. U.S. v. Kody T. WEEKS. CCA 37535.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0155/AF. U.S. v. Joseph F. RICHARDSON. CCA S31743.

No. 12-0168/AR. U.S. v. Cristian A. MARTINEZ. CCA 20100697.

No. 12-0191/AF. U.S. v. Manuel A. HERNANDEZ. CCA 37860.

No. 12-0192/AR. U.S. v. Jeremy J. PARKER. CCA 20110043.

No. 12-0193/AF. U.S. v. Clay K. CORNETTE. CCA S31849.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0241/AF. U.S. v. Kayla L. PIXLER. CCA S31934.

No. 12-0242/AF. U.S. v. Allan T. STEIN, IV. CCA S31924.

No. 12-0243/AF. U.S. v. David W. WENTWORTH. CCA 37852.

No. 12-0244/AR. U.S. v. Joshua D. PROCTOR. CCA 20100289.

 

INTERLOCUTORY ORDERS

 

No. 12-0099/AR. U.S. v. Matthew J. MCCLAIN. CCA 20090446. Appellant's motion to extend time to file a brief granted, up to and including January 27, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0123/AR. U.S. v. Andre K. HARDAWAY III. CCA 20100139. Appellee's motion to file a ten day letter out of time is denied.

 

No. 12-5001/AF. U.S. v. Daniel J. DATAVS. CCA 37537. Appellant's motion to extend time for the Judge Advocate General to file a certificate for review is granted to February 10, 2012.

 

No. 12-8010/AR. U.S. v. Calvin J. DAVENPORT. CCA 20081102. On consideration of petitioner's motion to file corrected copies of the petition for extraordinary relief and motion to stay the proceedings, it is ordered that said motion to file the corrected copies is hereby granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-081

Monday, January 9, 2012

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0066/AF. U.S. v. Charles W. CALEY, Jr. CCA 37573.

No. 12-0188/AR. U.S. v. Nicholas M. DEW. CCA 20110307.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0420/AR. U.S. v. Cody T. SMITH. CCA 20100646.*

No. 12-0235/AF. U.S. v. Dylan D. DONALDSON. CCA S31929.

No. 12-0236/NA. U.S. v. Tyler M. ROSSMAN. CCA 201100186.

No. 12-0237/AR. U.S. v. Scott H. ROSICA. CCA 20110222.

No. 12-0238/AF. U.S. v. Jessica C. COTTRILL. CCA S31931.

No. 12-0239/AF. U.S. v. Lawrence L. HARRIS, II. CCA S31850.

No. 12-0240/AF. U.S. v. Kevin J. CURTIS. CCA 37926.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 12-8011/AR. Charles GRANER, Jr. Appellant. v. United States, Appellee. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date.

 

INTERLOCUTORY ORDERS

 

No. 12-0234/AF. U.S. v. Jason W. TERWILLIGER. CCA S31840. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 26, 2012.

_______________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-080

Friday, January 6, 2012

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0661/AR. U.S. v. Joshua J. CHASTAIN. CCA 20100994.

No. 12-0233/MC. U.S. v. John M. SUTTLE. CCA 201100030.

No. 12-0234/AF. U.S. v. Jason W. TERWILLIGER. CCA S31840.

 

INTERLOCUTORY ORDERS

 

No. 12-0066/AF. U.S. v. Charles W. CALEY, Jr. CCA 37573. Appellee's motion to submit documents is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-079

Thursday, January 5, 2012

 

APPEALS-SUMMARY DISPOSITIONS

 

No. 10-0649/AF.  U.S. v. Dean E. THOMPSON. CCA 37380. Review granted on the following issue:

 

WHETHER APPELLANT RECEIVED POST-TRIAL INEFFECTIVE ASSISTANCE OF COUNSEL AND APPELLANT HAS MADE A COLORABLE SHOWING OF POSSIBLE PREJUDICE.

 

The decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to an appropriate convening authority to order a hearing pursuant to United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967), to make findings of fact and conclusions of law related to the granted issue. At the conclusion of the DuBay hearing, the record will be transmitted to the Court of Criminal Appeals for further review under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866 (2006). Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2006), shall apply. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

No. 12-0009/MC. U.S. v. Brandon M. MAGNAN. CCA 201000414. Review granted on the following issue:

 

WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME COURT'S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT'S OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals as to Charge V and Specification 3 thereunder, and the sentence is reversed, but is affirmed in all other respects. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for consideration of the granted issue in light of United States v. Fosler, 70 M.J. 225 (C.A.A.F. 2011).[See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* We note that the convening authority approved the sentence, which included a dishonorable discharge, and then stated, "In accordance with the UCMJ, Rules of Courts-Martial, applicable regulations, the pretrial agreement, and this action, the sentence is ordered executed." In fact, there was no pretrial agreement in this case. Moreover, under Article 71(c)(1), UCMJ, a punitive discharge cannot be ordered executed until, after the completion of direct appellate review, there is a final judgment as to the legality of the proceedings. Thus, to the extent that the convening authority's action purported to execute the dishonorable discharge, it was a nullity. To avoid any error in this regard, we again suggest that the model "Forms for Action" in Manual for Courts-Martial, United States app. 16 at A16-1 - A16-6 (2008 ed.) be revised. See United States v. Politte, 63 M.J. 24, 26 n.11 (C.A.A.F. 2006).

 

BAKER, Chief Judge (dissenting):

 

I dissent for the reasons stated in my dissenting opinion in Fosler. United States v. Fosler, 70 M.J. 225, 240-47 (C.A.A.F. 2011). However, I join the Court's statement regarding the convening authority's action.

 

No. 12-0028/AR. U.S. v. Carlos A. RIVERAROSADO. CCA 20090924.Review granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED WHEN HE FOUND APPELLANT GUILTY OF SPECIFICATION 1 OF CHARGE I BASED ON HIS BELIEF THAT APPELLANT HAD COMMITTED THE SIMILAR OFFENSES ALLEGED IN SPECIFICATIONS 2 AND 3.

 

The decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to that court for further appellate inquiry and consideration on the granted issue. The Court of Criminal Appeals will obtain affidavits related to the assigned issue from the military judge and other appropriate persons who attended the "Bridging the Gap" session after trial. The affidavits should be limited to determining what statements were made by the military judge in the session. See United States v. Matthews, 68 M.J. 29 (C.A.A.F. 2009). If the court, after reviewing the affidavits, determines that a fact-finding hearing is necessary, see United States v. Ginn, 47 M.J. 238 (C.A.A.F. 1997), that court shall order a hearing pursuant to United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967). Once the necessary information is obtained, the court will conduct its Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866 (2006), review. Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2006), shall apply. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

No. 12-0070/AF. U.S. v. Erica N. PERRY. CCA 37676. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, we note that before the convening authority took action after remand, Appellant did not have the opportunity to submit matters under Rule for Courts-Martial (R.C.M.) 1105 and no staff judge advocate's recommendation was prepared under R.C.M. 1106. Accordingly, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY AFFIRMING APPELLANT'S SENTENCE DESPITE THE GOVERNMENT'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF RULES FOR COURTS-MARTIAL 1105 AND 1106.

 

The decision of the United States Air Force Court of Criminal Appeals and the action of the convening authority are set aside. The record of trial is returned to the Judge Advocate General of the Air Force for submission to an appropriate convening authority for a new recommendation and action consistent with United States v. Mendoza, 67 M.J. 53 (C.A.A.F. 2008). Thereafter, Articles 66 and 67, Uniform Code of Military Justice, 10 U.S.C. 866 and 867 (2006), shall apply. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 10-0649/AF. U.S. v. Dean E. THOMPSON. CCA 37380. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

No. 12-0009/MC. U.S. v. Brandon M. MAGNAN. CCA 201000414. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

No. 12-0028/AR. U.S. v. Carlos A. RIVERAROSADO. CCA 20090924. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

No. 12-0070/AF. U.S. v. Erica N. PERRY. CCA 37676. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

NOTICE OF FILING OF MOTION

 

No. 12-5001/AF. U.S. v. Daniel J. DATAVS. CCA 37537. Notice is hereby given that a motion for enlargement of time to file a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed by Appellant under Rule 30 on December 29, 2011, and placed on the docket on this date.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0083/CG. U.S. v. Kerry M. SCOTT. CCA 1336.

No. 12-0114/AF. U.S. v. Christopher R. HOWARD. CCA S31662.

No. 12-0122/AR. U.S. v. Edwin M. THOMAS. CCA 20100463.

No. 12-0159/MC. U.S. v. Jamie R. WALTON. CCA 2010000508.

No. 12-0163/AR. U.S. v. Gary L. LAMBERT. CCA 20100378.

No. 12-0175/AF. U.S. v. Michael J. LIEBEGOTT. CCA S31796.

No. 12-0186/AR. U.S. v. Robert P. CLARK. CCA 20101031.

No. 12-0187/AF. U.S. v. John D. HAGEN. CCA S31915.

 

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

 

No. 12-0143/MC. U.S. v. Richard A. GARCIA-TOLSON. CCA 2010000610. On consideration of Appellee's motion to remand, it is ordered that said motion is hereby granted. The decision of the United States Navy-Marine Corps Court of Criminal Appeals and the action of the convening authority are hereby set aside. The case is returned to the Judge Advocate General of the Navy for submission to an appropriate convening authority for a new post-trial review and action.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0232/AR. U.S. v. Dallas M. ERICKSON, Jr. CCA 20100420.

 

INTERLOCUTORY ORDERS

 

No. 12-0203/AR. U.S. v. Jacob A. RACINE. CCA 20100021. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 26, 2012.

 

Misc. No. 12-8008/AR. Julian ASSANGE, and WIKILEAKS, Appellants v. UNITED STATES OF AMERICA and Lieutenant Colonel Paul ALMANZA, Appellees. CCA 20111146. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above-referenced case, and that Senior Judge Effron has consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2006).

 

MANDATES ISSUED

 

No. 11-0280/AR. U.S. v. Douglas K. WINCKELMANN. CCA 20070243.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-078

Wednesday, January 4, 2012

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 12-6002/AF. U.S. v. Darren N. HATHORNE. CCA 2011-02. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. 862, it is ordered that said petition is hereby granted on the following assigned issue:

 

WHETHER GOVERNMENT COUNSEL'S STRATEGIC WITHHOLDING OF THE CONVENING AUTHORITY'S GRANT OF IMMUNITY MAKES APPELLANT'S STATEMENT TO GOVERNMENT COUNSEL NON-IMMUNIZED.

 

and that review is granted on the following additional specified issue:

 

WHETHER, IN LIGHT OF UNITED STATES v. LOPEZ DE VICTORIA,66 M.J.67 (C.A.A.F. 2008), THIS COURT HAS JURISDICTION OVER AN ARTICLE 62, UCMJ, APPEAL WHEN THE COURT-MARTIAL HAS ADJUDGED A SENTENCE THAT DID NOT INCLUDE A PUNITIVE DISCHARGE OR CONFINEMENT FOR ONE YEAR?

 

Briefs will be filed under Rule 25 on the specified issue only.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 11-0671/AR. U.S. v. John E. HATLEY. CCA 20090329.

No. 12-0108/AF. U.S. v. Megan L. COOPER. CCA S31727.

No. 12-0144/AR. U.S. v. Brian F. JONES. CCA 20110103.

No. 12-0176/AF. U.S. v. Cameron R. DIAMANT. CCA 37848.

No. 12-0183/AR. U.S. v. Donny W. COWELL. CCA 20110410.

No. 12-0184/AR. U.S. v. Andrew D. ELDER. CCA 20110203.

No. 12-0185/AR. U.S. v. Brandon L. MAULDIN. CCA 20100647.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0454/AR. U.S. v. Oren A. REECE. CCA 20100448.*

__________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 12-077

Tuesday, January 3, 2012

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 12-0128/NA. U.S. v. Jacob D. NEVANDRO. CCA 201000641. 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 that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.*

 

* It is directed that the promulgating order be corrected to reflect that a panel of officer and enlisted members adjudged the sentence and not the military judge; there is no date that the sentence was adjudged; and, Appellant's unit should be USS GEORGE H.W. BUSH (CVN 77).[See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 12-0128/NA. U.S. v. Jacob D. NEVANDRO. CCA 201000641. [See also APPEALS - SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0133/NA. U.S. v. Victor L. LEWIS. CCA 201100037.

No. 12-0138/AR. U.S. v. Erik W. HERMANSEN. CCA 20090628.

No. 12-0153/AF. U.S. v. Matthew A. PINGEL. CCA 37783.

No. 12-0169/AR. U.S. v. Thomas S. REYNA. CCA 20101051.

No. 12-0174/AR. U.S. v. Joshua J. LOPEZ. CCA 20100788.

No. 12-0178/AF. U.S. v. Jonathan G. GRILLI. CCA 37823.

No. 12-0179/AF. U.S. v. Juan C. GUTIERREZ. CCA S31895.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0231/AR. U.S. v. Brian A. PARDON. CCA 20091122.

 

INTERLOCUTORY ORDERS

 

No. 11-0440/MC. U.S. v. Nicholas S. STEWART. CCA 201000021.

No. 11-0526/AF. U.S. v. Kody T. WEEKS. CCA 37535.

No. 12-6001/AF. U.S. v. Scott M. DEASE, Jr. CCA 2011-04.

 

In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Walter T. Cox III to perform judicial duties in the above-referenced cases, and that Senior Judge Cox has consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2006).


No. 12-8009/AF.  In Re Robert C. BRISSETTE.  CCA 2011-07.  On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus, and the answer of the United States to this Court's order to show cause, it is ordered that said petition is hereby granted, and the petitioner be released from confinement immediately.

 

MANDATES ISSUED

 

Nos. 11-0239/AR & 11-5004/AR. U.S. v. Phillip L. PIERCE. CCA 20080009.

No. 11-0257/MC. U.S. v. Thomas J. SCHUMACHER. CCA 201000153.

No. 11-0389/AR. U.S. v. Kenneth L. GOODMAN. CCA 20090083.



 

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