HEARINGS
No. 98-0679/AR. U.S. v. Carlos V. DIAZ-DUPREY. CCA 9600181.
No. 98-0721/NA. U.S. v. Teresa S. MILEY. CCA 96-0822.
No. 98-1001/MC. U.S. v. David W. MAGNAN. CCA 97-2071.
No. 98-1113/AF. U.S. v. David S. BRADLEY. CCA 32387.
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0675/NA. U.S. v. Daniel W. NOREEN. CCA 98-1623.
No. 99-0676/AR. U.S. v. Clyde B. PUGH, Jr. CCA 9600811.
No. 99-0677/AF. U.S. v. Dae O. KANG. CCA 33542.
PETITION FOR GRANT OF REVIEW – OTHER SUMMARY DISPOSITIONS
No. 99-0597/AF. U.S. v. Mattson L. SMITH. CCA 33232. Appellant's motion to file petition for grant of review out of time denied. See United States v. Sumpter, 22 MJ 33 (CMA 1986).
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 99-8019/NA. United States, appellee, v. Hector A. COLEMAN, appellant. CCA 99-0501. Appellant’s motion to withdraw writ appeal petition is granted without prejudice to appellant’s right to assert the issue raised in the petition during the course of normal appellate review if he is convicted; appellant’s motion to attach and appellee’s motion for an enlargement of time out of time are denied as moot.
INTERLOCUTORY ORDERS
No. 98-1001/MC. U.S. v. David W. MAGNAN. CCA 97-2071. Appellant's motion to cite supplemental authority granted.
No. 99-0410/NA. U.S. v. Jody
C. COMER. CCA 98-0730. Appellant's
motion to attach granted.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-163
Wednesday, June 02, 1999
HEARINGS
No. 98-0946/AR. U.S. v. Charles G. KNIGHT. CCA 9700322.
No. 98-1109/AR. U.S. v. Jason E. NELSON. CCA 9601144.
No. 99-5001/MC. U.S. v. Ronnie A. CURTIS. CCA 87-3856.
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0678/NA. U.S. v. Susan V. NICOLAY. CCA 97-0786.
No. 99-0679/MC. U.S. v. Michael W. KEMP. CCA 97-1160.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 99-8024/AR. United States, appellee, v. Richard B. SUNDAY, appellant. CCA 9900090. Writ appeal petition for review of the United States Army Court of Criminal Appeals decision on application for extraordinary relief filed under Rule 27(b).
INTERLOCUTORY ORDERS
No. 97-0506/AR. U.S. v. John A. ROBINSON. CCA 9301094 Appellant's motion to file supplement to petition for grant of review out of time granted.
No. 98-1111/AR. U.S. v. James W. HUFF. CCA 9600772. On consideration of appellant’s motion to file appendix matters which are designated A through K, it appears that the documents designated B, C, D, E, F, G, H, and I currently constitute part of the record and allied papers filed with the Court. Accordingly, said motion is granted only to the appendix matters designated as A, J, and K.
No. 99-0504/AR. U.S. v. Rob W. ROBERTS. CCA 9600785 On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note appellant’s request that he be allowed to proceed without aid of military counsel and that he be allowed to proceed pro se. Appellant has filed documents styled motion to correct post-trial processing errors and motion to attach documents. It appears that the motion to attach documents constitutes a reproduction of the allied papers and the appellate papers which have been forwarded to this Court. It further appears that the motion to correct post-trial processing errors is an allegation of errors in the processing of appellant’s court-martial; as such, it will be construed as a supplement to the petition. We will entertain these matters at this stage of the proceedings. Accordingly, it is ordered that appellant’s request to proceed pro se is granted to the extent that he may file a supplement to the petition for grant of review; that said action does not preclude appellant’s future representation by qualified counsel; that appellant’s motion to correct post-trial processing errors, which is construed as a supplement to the petition for grant of review, is granted; and that the motion to attach documents is denied as unnecessary.
No. 99-0556/AR. U.S. v. Benjiman JOHNSON. CCA 9602016. Appellant's motion to file additional pleadings denied.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No.99-164
Thursday, June 03, 1999
HEARINGS
No. 98-0359/AF. U.S. v. Raymond D. KERR. CCA 32249.
No. 99-0129/AF. U.S. v. Ross A. MCFADYEN. CCA 32878.
APPEALS – SUMMARY DISPOSITIONS
No. 97-0047/AR. U.S. v. Andrew AULL. CCA 9402074. On further consideration of this Court's grant of appellant's petition for review on March 4, 1999, we conclude that appellate exhibit XX does not contain any material that would be relevant to the defense and, so, can remain sealed from appellate counsel without compromising counsel's effective representation of appellant. See United States v. Rivers, 49 MJ 434 (1998). Accordingly, the decision of the United States Army Court of Criminal Appeals is affirmed.
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0680/NA. U.S. v. Marion K. BROWN. CCA 99-0011.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 99-8024/AR. United States, appellee, v. Richard B. SUNDAY, appellant. CCA 9900090. Writ appeal petition for review of a denial of a petition for extraordinary relief denied.
INTERLOCUTORY ORDERS
No. 93-7001/AR. U.S. v. Ronald A. GRAY. CCA 8800807. Appellant's motion to extend time to file petition for reconsideration granted to July 7, 1999.
No. 97-0604/AR. U.S. v. Larry WALLACE, Jr. CCA 9500234. To July 19, 1999.
No. 99-0490/MC. U.S. v. Donald J. FORBES. CCA 97-0345. To July 1, 1999.
In each of the above two cases, appellee's motion to extend time to file answer to supplement to petition for grant of review granted to date indicated.
No. 99-0404/AR. U.S. v. Lawrence R. SCHUMM. CCA 9800570. Appellee's motion to file answer to supplement to petition for grant of review out of time and motion to correct errata granted.
No. 99-0496/AF. U.S. v. Kevin M. BROWN. CCA 33475.
No. 99-0497/AF. U.S. v. Lionel R. COLLINS, Jr. CCA 33442
No. 99-0498/AF. U.S. v. Joshua W. KING. CCA S29610.
In each of the above three cases, appellant's motion to file supplement to petition for grant of review out of time granted.
No. 99-0500/AF. U.S. v. Anthony J. ZAMMETT. CCA. 33490.
No. 99-0591/MC. U.S. v. Jerry W. DRIVER. CCA 86-2313.
In each of the above two cases, appellant's motion to extend time to file supplement to petition for grant of review granted.
MANDATES ISSUED
No. 98-0056/AF. U.S. v. Roy A. GRIFFIN. CCA 32229.
No. 98-0431/NA. U.S. v. Stephanie K. FEE. CCA 97-0382.
No. 98-0511/MC. U.S. v. Andrea N. LACY. CCA 97-0667.
No. 98-0569/MC. U.S. v. Alan L. NOBLE. CCA 95-0215.
No. 98-5025/AF. U.S. v. Bruce A. BELFLOWER. CCA 32612.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-165
Friday, June 04, 1999
ORDERS GRANTING PETITION FOR REVIEW
No. 98-0783/NA. U.S. v. Michael W. FRICKE. CCA 96-1293. Review granted on the following issues:
No. 99-0681/AR. U.S. v. Rogelio PABLO. CCA 9700481.
No. 99-0682/NA. U.S. v. Chester W. T. NG. CCA 99-0130.
No. 99-0683/NA. U.S. v. Ricky W. BAUR. CCA 96-2110.
No. 99-0684/MC. U.S. v. Jeremy J. WEBB. CCA 99-0021.
No. 99-0685/AF. U.S. v. David N. RAMSEY, Jr. CCA 33291.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 99-166
Monday, June 07, 1999
RETURN OF RECORD FROM COURT OF CRIMINAL APPEALS
No. 98-0461/MC. U.S. v. John P. BEASLEY. CCA 96-1904. Notice is hereby given that the record was returned to the Clerk’s office in accordance with the earlier decision of this Court (Daily Journal October 23, 1998) and has been referred to the Court for further consideration.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 99-0374/AR. U.S. v. Toussaint L. LEWIS. CCA 9602074.
No. 99-0393/AR. U.S. v. Andy R. MATTISON. CCA 9700828.
No. 99-0428/AR. U.S. v. Richard G. WILSON. CCA 9700636.
No. 99-0457/AR. U.S. v. Pedro E. TORRES. CCA 9800348.
No. 99-0463/NA. U.S. v. David J. HUTSON. CCA 97-1575.
No. 99-0479/MC. U.S. v. Benjamin TAGLIERNIE. CCA 98-1051.
No. 99-0488/AF. U.S. v. Richard H. WEAVER, Jr. CCA 33157.
No. 99-0489/AR. U.S. v. Willie L. PROBY. CCA 9700987.
No. 99-0491/MC. U.S. v. Glenn D. OSOWSKI. CCA 98-0428.
No. 99-0492/MC. U.S. v. Bryan T. TYBURCZY. CCA 98-1681.
No. 99-0493/MC. U.S. v. Matthew M. HUNT. CCA 98-1797.
No. 99-0503/AR. U.S. v. Dura KINCAIDE. CCA 9800246.
No. 99-0513/AR. U.S. v. Ernesto R. LOYA. CCA 9800196.
No. 99-0518/MC. U.S. v. Scott C. PATTERSON. CCA 98-1771.
No. 99-0521/MC. U.S. v. Leslie D. MACNIVEN. CCA 98-1630.
No. 99-0523/NA. U.S. v. Jesus R. MOYA. CCA 98-0258.
No. 99-0529/AF. U.S. v. Richard E. PEARSON. CCA 33472.
No. 99-0538/AF. U.S. v. Christopher D. RHODES. CCA 33451.
No. 99-0539/AF. U.S. v. Stephen A. RUCKER. CCA 33304.
No. 99-0541/AR. U.S. v. Toby M. WARPUP. CCA 9800483.
No. 99-0544/AF. U.S. v. Gordon D. RAISTRICK. CCA 33094.
No. 99-0549/AR. U.S. v. Jessica SANTIAGO. CCA 9800117.
No. 99-0551/AF. U.S. v. Paul C. GALYEAN. CCA 33363.
No. 99-0561/NA. U.S. v. Rafell S. GRAHAM. CCA 99-0137.
PETITIONS FOR GRANT OF REVIEW-OTHER SUMMARY DISPOSITIONS
No. 97-0988/AR. U.S. v. Martin H. PELECH. CCA 9601153. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, it is ordered that the decision of the United States Army Court of Criminal Appeals on remand is set aside; and that the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.
Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 197. The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.
No. 97-1056/AR. U.S. v. Richard F. JENSEN. CCA 9601495. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, it is ordered that the decision of the United States Army Court of Criminal Appeals on remand is set aside; and that the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.
Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 127. The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.
No. 98-0322/AR. U.S. v. Frederick J.B. JONES. CCA 9700692. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, it is ordered that the decision of the United States Army Court of Criminal Appeals on remand is set aside; and that the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.
Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 190. The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.
No. 98-0440/AR. U.S. v. John H.I. WARNER. CCA 9601510. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, it is ordered that the decision of the United States Army Court of Criminal Appeals on remand is set aside; and that the record is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.
Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 211. The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.
No. 98-0468/AR. U.S. v. David E. NIX. CCA 9600778. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, it is ordered that the decision of the United States Army Court of Criminal Appeals on remand is set aside; and that the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.
Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 239. The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.
No. 99-0244/AR. U.S. v. Omar J. WALKER. CCA 9600561. 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 the decision of the United States Army Court of Criminal Appeals is set aside; and that the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0686/AR. U.S. v. Hermon W. JAMES, Jr. CCA 9702019.
No. 99-0687/AF. U.S. v. Seivern D. WALLACE. CCA 33452.
No. 99-0688/AF. U.S. v. Jeffrey M. ENGLE. CCA 33430.
No. 99-0689/NA. U.S. v. William B. BISHOP. CCA 99-0040.
No. 99-0690/MC. U.S. v. Manuel A. MUNOZ. CCA 99-0191.
No. 99-0691/NA. U.S. v. Monterill D. ANDERSON. CCA 98-2153.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-167
Tuesday, June 08, 1999
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0692/AR. U.S. v. Adam R. PUGH. CCA 9800791.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-168
Wednesday, June 09, 1999
PETITIONS FOR GRANT OF REVIEW DENIED
No. 99-0293/NA. U.S. v. Freddie L. CALVIN. CCA 97-0401.
No. 99-0406/AR. U.S. v. Sterling S. W. COBB. CCA 9700620.
No. 99-0420/AF. U.S. v. Billy W. COOK. CCA 32885.
No. 99-0453/AF. U.S. v. William F. FOWLER. CCA 33290.
No. 99-0461/MC. U.S. v. Mario A. DELACRUZ, Jr. CCA 97-1989.
No. 99-0464/MC. U.S. v. Daniel S. CHALLMAN. CCA 98-1801.
No. 99-0472/AF. U.S. v. Manuel W. FEGURGUR. CCA 33255.
No. 99-0473/AF. U.S. v. Shelvy BROWN. CCA S29376.
No. 99-0475/AF. U.S. v. Gary W. CASTILLO. CCA 33350.
No. 99-0480/NA. U.S. v. Bradford T. GOSNEY. CCA 98-1821.
No. 99-0483/AF. U.S. v. John M. HOGGE. CCA S29563.
No. 99-0502/AR. U.S. v. Dale V. BENTLEY. CCA 9800754.
No. 99-0522/AR. U.S. v. O. Z. BOBBITT, Jr. CCA 9701101.
No. 99-0530/AF. U.S. v. Marc S. SOVIK. CCA 33365.
No. 99-0540/AF. U.S. v. Jonas W. WILSON. CCA 33349.
No. 99-0572/AF. U.S. v. Heather J. CLARK. CCA 33380.
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0693/AR. U.S. v. Keoki K. CARRUTHERS. CCA 9701133.
No. 99-0694/MC. U.S. v. Timothy M. SCHEMBER. CCA 98-0197.
No. 99-0695/MC. U.S. v. Matthew T. YUNK. CCA 98-0228.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-169
Thursday, June 10, 1999
ORDERS GRANTING PETITION FOR REVIEW
No. 98-1023/AR. U.S. v. Keith HENRY. CCA 9402015. Review granted on the following issues:
No. 98-0957/AR. U.S. v. Gregory S. WILLIS. CCA 9500730.
No. 98-1121/AF. U.S. v. Raul R. SALGADO, Jr. CCA 32549.
No. 99-0190/MC. U.S. v. David R. HOCHADEL. CCA 97-2086.
No. 99-0251/NA. U.S. v. Lorne L. LANDRY. CCA 97-1744.
No. 99-0316/MC. U.S. v. Joseph C. MITCHELL. CCA 97-1494.
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0696/MC. U.S. v. Joseph L. MCBRIDE. CCA 98-2076.
No. 99-0697/NA. U.S. v. Lily D. SHELTON. CCA 98-0352.
No. 99-0698/NA. U.S. v. Ruben ROMERO. CCA 98-1231.
PETITIONS FOR RECONSIDERATION DENIED
No. 99-0496/AF. U.S. v. Kevin M. BROWN. CCA 33475
No. 99-0497/AF. U.S. v. Lionel R. COLLINS, Jr. CCA 33442
No. 99-0498/AF. U.S. v. Joshua W. KING. CCA S29610.
No. 99-0500/AF. U.S. v. Anthony J. ZAMMETT. CCA 33490.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-170
Friday, June 11, 1999
PETITIONS FOR GRANT - OTHER SUMMARY DISPOSITIONS
No. 98-0308/AR. U.S. v. Paul D. PIERCE. CCA 9601171. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on remand, the decision of the United States Army Court of Criminal Appeals on remand is set aside; and the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court will consider whether appellant is within the class of persons who are entitled to relief under United States v. Gorski, 47 MJ 370 (1997). If the court concludes that appellant is within such class, the court will refer the case to the Judge Advocate General for a determination as to the amount of relief that is warranted, if any.
Judge Effron did not participate in the Court’s prior action on this case. See 50 MJ 135. In view of the materials filed by the parties, the case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0699/AF. U.S. v. Henry R. COLLARD. CCA 33340.
No. 99-0700/AF. U.S. v. Robert D. HINTON. CCA 29617.
No. 99-0701/MC. U.S. v. Christopher J. HYDE. CCA 97-1164.
No. 99-0702/MC. U.S. v. Darnnelle L. ELLISON. CCA 98-1926.
No. 99-0703/NA. U.S. v. Tonia L. GLOVER. CCA 98-1603.
No. 99-0704/NA. U.S. v. Mitchell J. KLEIN. CCA 98-1466.
No. 99-0705/AR. U.S. v. Vance R. LASUEUR. CCA 9700803.
No. 99-0706/AR. U.S. v. Jeremy J. HREBEN. CCA 9900040.
No. 99-0707/AR. U.S. v. Gregory R. TENNIN. CCA 9700742.
INTERLOCUTORY ORDERS
No. 98-1131/AF. U.S. v. Donna M. NORFLEET. CCA S29280. To June 21, 1999.
No. 99-0301/NA. U.S. v. Jerry D. MOOLICK. CCA 97-0521. To June 28, 1999.
In each of the above two cases, appellant's motion to extend time to file final brief granted to date indicated.
No. 99-0313/NA. U.S. v. Allen
B. PHILLIPS. CCA 97-1458.
Appellee's motion to extend
time to file answer to final brief granted to June 23, 1999.
MANDATES ISSUED
No. 98-0095/NA. U.S. v. Lester E. OLINGER, IV. CCA 96-1319.
No. 98-0265/NA. U.S. v. Darrin L. SHORT. CCA 95-1617.
No. 98-0356/AR. U.S. v. Juana L. SMITH. CCA 9601110.
No. 98-0758/NA. U.S. v. Sarah F. THOMASSON. CCA 96-0938.
No. 98-0784/MC. U.S. v. Jason M. ABRAMS. CCA 96-1714.
No. 99-0002/AF. U.S. v. Philip K. LEE. CCA 32773.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-171
Monday, June 14, 1999
PETITIONS FOR GRANT OF REVIEW – OTHER SUMMARY DISPOSITIONS
No. 99-0627/AF. U.S. v. Daniel L. LEWIS. CCA 33489. Appellant’s motion to file petition for grant of review out of time denied.
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0708/AR. U.S. v. Thomas E. PIGUES, Jr. CCA 9700744.
No. 99-0709/AR. U.S. v. Robert W. DISMUS. CCA 9701128.
No. 99-0710/AR. U.S. v. Chad A. McCANN. CCA 9801391.
No. 99-0711/AR. U.S. v. Charles E. SYKES. CCA 9800873.
No. 99-0712/AF. U.S. v. Jeffrey J. BANDMAN. CCA 33488.
No. 99-0713/AF. U.S. v. Robert E. CHESTER. CCA 33554.
No. 99-0714/AF. U.S. v. David R. CRUM. CCA 33578.
No. 99-0715/AF. U.S. v. Christopher A. GAMAGE. CCA 33250.
No. 99-0716/AF. U.S. v. Brian D. HOLOMON. CCA 33575.
No. 99-0717/AF. U.S. v. Aaron K. HUIZENGA. CCA 32764.
No. 99-0718/AF. U.S. v. Lonnie L. MURVIN, Jr. CCA 33423.
No. 99-0719/AF. U.S. v. Eric T. ROBBS. CCA S29603.
No. 99-0720/AF. U.S. v. Joseph L. SACK. CCA S29668.
No. 99-0721/AF. U.S. v. Carrey C. SHORT. CCA S29379.
No. 99-0722/AF. U.S. v. Ismael TORRES, Jr. CCA 33564.
No. 99-0723/MC. U.S. v. Charles E. PALMORE. CCA 97-1674.
No. 99-0724/MC. U.S. v. Matthew J. ALVES. CCA 97-1610.
No. 99-0725/MC. U.S. v. Desmond D. RHODEN. CCA 99-0019.
No. 99-0726/MC. U.S. v. Ovarias V. CRIEGO. CCA 98-0962.
No. 99-0727/MC. U.S. v. Nelson VAZQUEZ, Jr. CCA 98-0470.
INTERLOCUTORY ORDERS
No. 96-0669/NA. U.S. v. Charles W. JOHNSON. CCA 94-1674. To July 14, 1999.
No. 99-0515/AR. U.S. v. Bradford M. GOSNEY. CCA 9700653. Second motion to June 21, 1999.
No. 99-0582/AF. U.S. v. Michael E. KNIGHT. CCA 32754. Second motion to July 2, 1999.
No. 99-0595/AR. U.S. v. Timothy W. SHELTON. CCA 9600456. To June 23, 1999.
No. 99-0604/AF. U.S. v. Chris D. LITTLEWOOD. CCA 32763. To July 7, 1999.
No. 99-0640/AR. U.S. v. Michael G. NEW. CCA 9600263. To July 21, 1999.
In each of the above six cases, appellant's motion to extend time to file supplement to petition for grant of review granted to date indicated.
No. 97-0506/AR. U.S. v. John A. ROBINSON. CCA 9301094. Appellee’s motion to extend time to file answer granted to July 16, 1999.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No.99-172
Tuesday, June 15, 1999
PETITIONS FOR GRANT OF REVIEW DENIED
No. 99-0296/AR. U.S. v. Robert M. MINA. CCA 9800294.
No. 99-0310/AR. U.S. v. Douglas K. OLIVER. CCA 9601776.
No. 99-0415/AR. U.S. v. Travis L. DANLEY. CCA 9800881.
No. 99-0429/AR. U.S. v. Jason J. NIKODEN. CCA 9800752.
No. 99-0434/AF. U.S. v. Andre S. PEAKER. CCA 33412.
No. 99-0438/AF. U.S. v. Eric E. WOLF. CCA S29559.
No. 99-0439/AR. U.S. v. Ray E. WILLIAMS, Jr. CCA 9801074.
No. 99-0440/NA. U.S. v. Leonard H. FELIX. CCA 98-0871.
No. 99-0443/AF. U.S. v. William L. DRAPER. CCA 33310.
No. 99-0444/AF. U.S. v. Ronald D. HUEY. CCA 33326.
No. 99-0448/MC. U.S. v. Kevin R. WILES. CCA 97-1438.
No. 99-0449/MC. U.S. v. Micah A. SOLOMON. CCA 97-0114.
No. 99-0452/AF. U.S. v. George A. DELAINO, III. CCA 33224.
No. 99-0454/AF. U.S. v. Marcus J. WEATHERS. CCA 33337.
No. 99-0458/AR. U.S. v. Kenneth W. WILSON. CCA 9800425.
No. 99-0465/AR. U.S. v. Cortney M. MERZ. CCA 9801515.
No. 99-0471/AF. U.S. v. Christopher M. GOSSETT. CCA 32847.
No. 99-0501/AR. U.S. v. James A. KINKADE. CCA 9701880.
No. 99-0512/AR. U.S. v. Daren E. ANDERSON. CCA 9801585.
No. 99-0517/NA. U.S. v. Anthony D. GARCIA. CCA 98-1815.
No. 99-0532/MC. U.S. v. Danny H. FRAZEE. CCA 98-1910.
No. 99-0537/AF. U.S. v. Mark A. NEGRON. CCA 33498.
INTERLOCUTORY ORDERS
No. 99-0617/MC. U.S. v. Richard L. VIGIL. CCA 98-0831. Appellant's motion to extend time to file supplement to petition for grant of review granted to July 11, 1999.
No. 99-0636/AF. U.S. v. Mark C. MORAN. CCA S29546.
No. 99-0637/AF. U.S. v. Glenn E. SNYDER. CCA S29612.
No. 99-0638/AF. U.S. v. Furman L. JOHNSON. CCA 33436.
In each of the above three cases, appellant's motion to file petition for grant of review out of time granted; appellant will file a supplement to said petition under Rule 21 on or before the 15th day of July 1999.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No.99-173
Wednesday, June 16, 1999
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0728/AF. U.S. v. Keith A. PHILLIPS. CCA 33416.
No. 99-0729/NA. U.S. v. Maxon E. HARTLEY. CCA 98-0406.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-174
Thursday, June 17, 1999
ORDERS GRANTING PETITION FOR REVIEW
No. 97-0363/AR. U.S. v. Eunice PIPKIN. CCA 9600192. [See also APPEALS - SUMMARY DISPOSITIONS this date.]
No. 99-0120/AF. U.S. v. Shonnon D. WILSON. CCA 32849. Review granted on the following issue:
No. 97-0363/AR. U.S. v. Eunice PIPKIN. CCA 9600192. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, 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.]
PETITIONS FOR NEW TRIAL DENIED
No. 98-0092/MC. U.S. v. Warren B. ANDERSON. CCA 96-0467.
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0730/AR. U.S. v. Jonathan E. VOJKUFKA. CCA 9800232.
INTERLOCUTORY ORDERS
No. 99-5002/CG. U.S. v. Joselito C. TUALLA. CCA 1079. Appellant’s motion to substitute counsel granted.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-175
Friday, June 18, 1999
CERTIFICATES FOR REVIEW FILED
No. 99-5004/MC. U.S. v. Kevin TOWNES. CCA 95-0849. The Judge Advocate General of the Navy requests that action be taken with respect to the following issue:
No. 99-0731/AR. U.S. v. Ronald L. HARRIS. CCA 9301182.
No. 99-0732/AF. U.S. v. Stephen A. ANDERSON. CCA 33495.
No. 99-0733/AF. U.S. v. Christopher W. DUNNING. CCA 33570.
No. 99-0734/AF. U.S. v. Donna L. HAYES. CCA S29608.
No. 99-0735/AF. U.S. v. Elias B. MAGISTRADO. CCA S29615.
No. 99-0736/AF. U.S. v. Kerry E. PHIPPS, Jr. CCA 33458.
No. 99-0737/AF. U.S. v. Richard K. RICHMOND. CCA 33454.
No. 99-0738/AF. U.S. v. Wesley N. ROWE. CCA 32852.
No. 99-0739/AF. U.S. v. Michael D. HARRIS. CCA 33501.
No. 99-0740/AF. U.S. v. Renee D. HARRIS. CCA S29634.
No. 99-0741/NA. U.S. v. Marcus J. HAMILTON. CCA 99-0107.
No. 99-0742/MC. U.S. v. Thomas W. FOWLER. CCA 98-0966.
No. 99-0743/MC. U.S. v. Eric A. BOYLAN. CCA 96-2377.
INTERLOCUTORY ORDERS
No. 98-0940/AR. U.S. v. Michael D. SPRIGGS. CCA 9601685. Appellee’s second motion to extend time to file final answer granted to July 19, 1999.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-176
Monday, June 21, 1999
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0744/AR. U.S. v. Francis L. FRELIX-VANN. CCA 9701014.
No. 99-0745/AF. U.S. v. Christy A. GUERRA. CCA S29624.
No. 99-0746/NA. U.S. v. Nicholas A. WOLFORD. CCA 98-0638.
INTERLOCUTORY ORDERS
No. 99-0554/AF. U.S. v. David L. WATERSTREET. CCA 32656. Appellant's motion to file corrected pages granted.
No. 99-0630/AR. U.S. v. Francis A. WILLIS. CCA 9701676. To July 19, 1999.
No. 99-0666/NA. U.S. v. Marion H. TANKSLEY. CCA 96-1402. To July 28, 1999.
In each of the above two cases, appellant's motion to extend time to file supplement to petition granted to date indicated.
No. 99-5002/CG. U.S. v. Joselito C. TUALLA. CCA 1079. Appellant’s motion to amend appellant's brief granted.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-177
Tuesday, June 22, 1999
REMAND FROM SUPREME COURT OF THE UNITED STATES
No. 97-8021/AF. James T. GOLDSMITH, petitioner/appellant, v. President William J. Clinton, et. al, respondents/appellees. CCA 96-14. Notice is hereby given that the above-entitled case was returned to the Clerk’s Office in accordance with the judgment of the Supreme Court of the United States dated May 17, 1999, remanding the case to this Court for further proceedings in conformity with the opinion of said Court. Clinton, et al., v. Goldsmith, __ U.S. __, 119 S.Ct. 1538 (1999).
INTERLOCUTORY ORDERS
No. 97-0149/AR. U.S. v. Christopher W. CAMPBELL. CCA 9400527. Appellant's motions for additional time to file answer to government petition for reconsideration and for additional time to file answer to the motion to admit government appellate exhibits A and B granted to July 20, 1999.
No. 99-0260/AF. U.S. v. Timothy D. SAPP. CCA 32641. On further consideration of the granted issue, briefs shall be filed under Rule 25. Appellant’s brief shall be filed on or before July 22, 1999; and appellee’s answer shall be filed no later than 30 days after the filing of appellant’s brief.
No. 99-0499/AF. U.S. v. Richard M. LATORRE, Jr. CCA 33262. To July 7, 1999.
No. 99-0574/AF. U.S. v. Robert H. PARMER, Jr. CCA 33220. To July 21, 1999.
In each of the above two cases, appellee's motion to extend time to file answer to supplement to petition for grant of review granted to date indicated.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-178
Wednesday, June 23, 1999
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0748/AF. U.S. v. Swazetta L. JOHNSON. CCA 32830.
No. 99-0749/AF. U.S. v. Jacque D. JAMES. CCA 33524.
No. 99-0750/MC. U.S. v. Carl D. DAGNESE. CCA 97-0212.
No. 99-0751/NA. U.S. v. Michael J. LANGE. CCA 98-1731.
INTERLOCUTORY ORDERS
No. 99-0474/AF. U.S. v. Michael J. BURNS. CCA 32841. Appellant's motion to file supplement to petition for grant of review out of time granted.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-179
Thursday, June 24, 1999
APPEALS – SUMMARY DISPOSITIONS
No. 99-0405/AF. U.S. v. James G. SIROKY. CCA 30646. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals upon further review, said petition is hereby granted and the decision of the United States Air Force Court of Criminal Appeals upon further review is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 99-0405/AF. U.S. v. James G. SIROKY. CCA 30646. [See also APPEALS - SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0747/NA. U.S. v. James R. MILLER, III. CCA 99-0111.
No. 99-0752/NA. U.S. v. Collin R. TARTELLA. CCA 98-2137.
No. 99-0753/MC. U.S. v. Edward R. RAMIREZ. CCA 98-1970.
INTERLOCUTORY ORDERS
No. 98-0656/AR. U.S. v. Patrick B. ROLLE. CCA 9601336. Appellee's motion to extend time to file answer to final brief granted to July 26, 1999.
No. 99-0590/AR. U.S. v. Addis G. WILEY. CCA 9101188. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only to July 15, 1999, and that absent extraordinary circumstances no additional motions for extension of time will be granted in this case.
No. 99-0654/AR. U.S. v. Margaret B. LISECKI. CCA 9700511. To July 23, 1999.
No. 99-0658/AR. U.S. v. Shawn C. OREN. CCA 9800105. To June 29, 1999.
In each of the above two cases, appellant's motion to extend time to file supplement to petition for grant of review granted to date indicated.
No. 99-0731/AR. U.S. v. Ronald L. HARRIS. CCA 9301182. On further consideration of the petition for grant of review of the decision of the United Sates Army Court of Criminal Appeals filed in the above-entitled case and docketed under Docket No.99-0747/AR on June 23, 1999, it appears that said petition was a duplicate of a petition filed in an earlier case and was inadvertently given a new docket number. Accordingly, it is ordered that Docket No. 99-0747/AR issued on June 23, 1999, be rescinded in this case; that Docket No. 99-0731/AR be substituted and used on all future documents filed in this case; and Docket No. 99-0747/AR be reassigned in due course to a new case.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-180
Friday, June 25, 1999
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0754/AF. U.S. v. Nefali A. RIVERA. CCA S29642.
No. 99-0755/AF. U.S. v. Jeremy T. SETTLES. CCA S29644.
No. 99-0756/AR. U.S. v. Joseph C. DOMBROWSKY. CCA 9801624.
No. 99-0757/AR. U.S. v. Stacey A. MARTIN. CCA 9801069.
No. 99-0758/AR. U.S. v. Jeffrey A. GRIZZLE. CCA 9801158.
No. 99-0759/AR. U.S. v. Bernard J. BLANKENSHIP. CCA 9701159.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-181
Monday, June 28, 1999
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0760/AF. U.S. v. Fernando C. VELAZQUEZ. CCA S33426.
No. 99-0761/AF. U.S. v. Cara R. SANCHEZ. CCA 33117.
No. 99-0762/AF. U.S. v. Swazetta L. JOHNSON. CCA 33032.
No. 99-0763/AF. U.S. v. Glenn A. HASELDEN, Jr. CCA 33005.
No. 99-0764/NA. U.S. v. Darwinn Davis. CCA 97-1012.
No. 99-0765/MC. U.S. v. Sam J. YOON. CCA 98-1521.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-182
Tuesday, June 29, 1999
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0766/AR. U.S. v. Paul A. PIERNI. CCA 9800717.
No. 99-0767/MC. U.S. v. Raymond B. THOMAS. CCA 97-1794.
INTERLOCUTORY ORDERS
No. 99-0657/AR. U.S. v. Mark P. BANASZAK. CCA 9700949. To July 26, 1999.
No. 99-0660/MC. U.S. v. Samuel C. WALKER. CCA 98-0154. To July 26, 1999.
No. 99-0681/AR. U.S. v. Rogelio PABLO. CCA 9700481. To August 6, 1999.
In each of the above three cases, appellant's motion to extend time to file supplement to petition for grant of review granted to date indicated.
No. 99-0661/NA. U.S. v. Brian A. KOCH. CCA 98-0483. Appellee's motion to dismiss petition for grant of review denied. Appellant's motion to extend time to file supplement to petition for grant of review granted to July 26, 1999.
UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 99-183
Wednesday, June 30,
1999
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 99-0589/MC. U.S. v. Joseph W. WINSTEAD. CCA 98-0875. Appellee’s motion to dismiss appellant’s petition for grant of review granted. Appellant’s motion to compel government to produce proof of service denied.
No. 99-0653/NA. U.S. v. Theodore L. LAMPKIN, III. CCA 98-1715. Appellee’s motion to dismiss appellant’s petition for grant of review granted.
PETITIONS FOR GRANT OF REVIEW FILED
No. 99-0768/AF. U.S. v. Jimmy B. HERRERA. CCA 32863.
No. 99-0769/AF. U.S. v. Michael SIMMONS. CCA 33505.
No. 99-0770/AF. U.S. v. Mark A. STEVENS. CCA 32733.
No. 99-0771/AR. U.S. v. Arthur E. WALKER. CCA 9900086.
No. 99-0772/NA. U.S. v. Gerald L. KOCH. CCA 89-2305.
INTERLOCUTORY ORDERS
No. 98-0133/AF. U.S. v. Jerry W. OWENS. CCA 32468. Appellee's motion to file supplemental citations of authority granted.
No. 99-0109/MC. U.S. v. Timothy S. DUNCAN. CCA 96-0701. Appellant's motion to file petition for reconsideration out of time denied.