UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-021
Monday, November 01, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0069/AF. U.S. v. Jeremiah M. HOWARD. CCA 33699.

No. 00-0070/AF. U.S. v. Derek S. ANDREWS. CCA S29700.

No. 00-0071/AF. U.S. v. Christopher L. BURK. CCA 33763.

No. 00-0072/AF. U.S. v. Anthony J. RICHARDSON. CCA 33779.

No. 00-0073/AF. U.S. v. Darrin G. WAGONER. CCA 33271.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 99-8025/AR. United States, appellee, v. Almy J. ONEAL, Jr., appellant. CCA 9900490 Writ-appeal petition for review of a denial of a petition for extraordinary relief denied.

PETITIONS FOR RECONSIDERATION DENIED

No. 99-0810/MC. U.S. v. Scott E. HORTON. CCA 97-2110. Appellant’s petition for reconsideration of the order of the Court issued on the 7th day of October, 1999, denied.

INTERLOCUTORY ORDERS

No. 00-0004/AF. U.S. v. Nathan E. LEBLANG. CCA 32925.
Appellant's motion to extend time to file supplement to petition for grant of review granted to December 1, 1999.

No. 99-0827/AR. U.S. v. Elisha L. GREEN. CCA 9701520.
Appellant's motion to file additional supplement to petition for grant of review pursuant to United States v. Grostefon, 12 MJ 431 (CMA 1982), denied.

No. 99-0834/AR. U.S. v. Russell E. MYERS. CCA 9701025.
Appellee's motion to file answer letter out of time denied as moot.

No. 99-0949/NA. U.S. v. Michael P. NISGORE. CCA 99-0583.
Appellant's motion to file supplement to petition for grant of review out of time denied; appellee's motion to dismiss supplement to petition for grant of review denied as moot.

    SULLIVAN, Judge (dissenting): I would order appellate defense counsel to explain "administrative oversight." See United States v. Ortiz, 24 MJ 323 (CMA 1987).


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-022
Tuesday, November 02, 1999

APPEALS – SUMMARY DISPOSITIONS

No. 97-0302/AF. U.S. v. Jacqueline JOHNSON-SAUNDERS. CCA S29158. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, 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.]

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, 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. 97-0302/AF. U.S. v. Jacqueline JOHNSON-SAUNDERS. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

No. 98-0440/AR. U.S. v. John H.I. WARNER. CCA 9601510. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

No. 99-0853/NA. U.S. v. Clifton L. MANNS. CCA 98-0641. Review granted on the following issue:

WHETHER THE LOWER COURT ERRED IN FINDING THAT APPELLANT'S UNSWORN STATEMENT THAT "I HAVE TRIED THROUGHOUT MY LIFE, EVEN DURING CHILDHOOD TO STAY WITHIN THE LAWS AND REGULATIONS OF THIS COUNTRY" TO BE AN ASSERTION OF FACT, SUBJECT TO REBUTTAL EVIDENCE.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0796/AF. U.S. v. Robert K. MANN. CCA 32558.

No. 99-0937/AF. U.S. v. Valarie L. FULLER. CCA 33266.

No. 99-0945/AR. U.S. v. David D. LUCERO. CCA 9801189.

No. 99-0959/AF. U.S. v. Byron K. DODSON. CCA 33677.

No. 99-0962/AF. U.S. v. Keith L. SANDERS. CCA 33621.

No. 99-0966/AF. U.S. v. Thomas C. BALL. CCA S29635.

No. 99-0986/AF. U.S. v. Richard H. SABY. CCA 33609.

No. 99-0987/AF. U.S. v. Robert E. DUMP. CCA 33629.

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 99-0995/AR. U.S. v. Lowell L. MCGEE. CCA 9700480. Appellant’s motion to withdraw petition for grant of review granted without prejudice to the appellant’s right to file a petition for grant of review on a subsequent date.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0074/NA. U.S. v. Donnie M. BOLERJACK. CCA 98-1500.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-023
Wednesday, November 03, 1999

PETITIONS FOR RECONSIDERATION DENIED

No. 98-0947/AR. U.S. v. Jason L. ROCK. CCA 9700192. Appellant’s petition for reconsideration of this Court’s decision, United States v. Rock, 52 MJ 154 (1999), denied.

INTERLOCUTORY ORDERS

No. 99-8028/AR. U.S. v. Anthony L. NEHRING. CCA 9900542.
On consideration of the writ-appeal petition for review of a denial of a petition for extraordinary relief in the nature of a writ of prohibition, it is ordered that said petition is hereby granted on the following issue specified by the Court:

WHETHER THE COURT-MARTIAL LACKED JURISDICTION, THEREFORE IS A NULLITY, BECAUSE THE APPELLANT DID NOT PERSONALLY ELECT TO BE TRIED BY A PANEL OF OFFICER AND ENLISTED MEMBERS EITHER ORALLY OR IN WRITING. Appellant shall file a brief on or before December 6, 1999, and appellee shall file an answer within thirty days thereafter.

    SULLIVAN, Judge (dissenting): I dissent from this order granting a specified issue.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-024
Thursday, November 04, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0075/AR. U.S. v. Lawrence N. PRINCE, Jr. CCA 9701353.

INTERLOCUTORY ORDERS

No. 93-7001/AR. U.S. v. Ronald A. GRAY. CCA 8800807.

Appellant's motion to extend time to file answer to motion to withdraw as counsel granted to November 15, 1999.

No. 99-0536/AF. U.S. v. Robert J. MONROE. CCA 32592.

Motion filed by The Catholic University of America Columbus School of Law seeking permission to appear as amicus curiae and to present oral argument for five minutes granted.

MANDATES ISSUED

No. 98-0947/AR. U.S. v. Jason L. ROCK. CCA 9700192.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-025
Friday, November 05, 1999

APPEALS - SUMMARY DISPOSITIONS

No. 97-0604/AR. U.S. v. Larry WALLACE, Jr. CCA 9500234. 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 that the decision of the United States Army Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 97-0604/AR. U.S. v. Larry WALLACE, Jr. CCA 9500234. [See also APPEALS - SUMMARY DISPOSITIONS this date.]

No. 99-0761/AF. U.S. v. Cara R. SANCHEZ. CCA 33117. Review granted on the following issue:

WHETHER APPELLANT WAS SUBJECTED TO CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH AMENDMENT AND ARTICLE 55 OF THE UCMJ WHEN GUARDS AT THE MILITARY CONFINEMENT FACILITY REPEATEDLY SEXUALLY HARASSED HER. No. 99-0774/NA. U.S. v. Alicia R. THOMAS. CCA 98-0478. Review granted on the following issue: WHETHER THE LOWER COURT ERRED IN FINDING THAT THE TRIAL COUNSEL DID NOT COMMIT PLAIN ERROR BY ASKING APPELLANT ON CROSS-EXAMINATION WHETHER NCIS SPECIAL AGENT PERKINS WAS LYING WHEN HE TESTIFIED BECAUSE HIS TESTIMONY WAS INCONSISTENT WITH APPELLANT'S.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0455/AR. U.S. v. Michael L. LANDRY. CCA 9700143.

INTERLOCUTORY ORDERS

No. 99-0595/AR. U.S. v. Timothy W. SHELTON. CCA 9600456.
On further consideration of the petition for grant of review filed in this case, it appears that the Government has not submitted a formal answer to the supplement to the petition for grant of review, but that such answer would be helpful to the Court in disposing of the petition. Accordingly, it is ordered that the Government will file a formal answer to the issue raised by appellate defense counsel on or before 6 December 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-026
Monday, November 08, 1999

HEARINGS

No. 99-0040/AR. U.S. v. Ronald L. DIGGS. CCA 9700186.

No. 99-0073/AR. U.S. v. Morris T. COBIA. CCA 9601645.

No. 99-0091/NA. U.S. v. Roger D. GEORGE. CCA 97-1969.

APPEALS - SUMMARY DISPOSITIONS

No. 99-0177/AR. U.S. v. Andrew K. LEAL. CCA 9701028. On further consideration of the granted issues (Daily Journal May 26, 1999), we conclude that the case should be reconsidered by the Court of Criminal Appeals in light of United States v. Gammons, 51 MJ 169 (1999). Accordingly, 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 that court for further review.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0076/AR. U.S. v. Anthony J. BAUMAN. CCA 9701765.

No. 00-0077/AF. U.S. v. Adam M. FORD. CCA 33213.

No. 00-0078/AF. U.S. v. Shannon T. CADENA. CCA 32921.

No. 00-0079/AF. U.S. v. Trilisa D. BURKE. CCA 33731.

No. 00-0080/AF. U.S. v. Stephen D. BROOKS, Jr. CCA 33646.

No. 00-0081/NA. U.S. v. Norma L. DELGADO. CCA 99-1018.

No. 00-0082/MC. U.S. v. Anthony J. BUSINELLE. CCA 99-1037.

No. 00-0083/MC. U.S. v. Jackie E. MCCOY, Jr. CCA 99-0786.

PETITIONS FOR RECONSIDERATION DENIED

No. 98-1001/MC. U.S. v. David W. MAGNAN. CCA 97-2071. Appellant’s petition for reconsideration of this Court’s opinion, United States v. Magnan, 52 MJ 56 (1999), denied.

    SULLIVAN, Judge (dissenting): I would grant the petition for reconsideration.

INTERLOCUTORY ORDERS

No. 99-0803/NA. U.S. v. Frederick L. COZART. CCA 97-1396.
Appellant's motion to correct errata granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-027
Tuesday, November 09, 1999

HEARINGS

No. 98-5026/AF. U.S. v. Heath E. AUGUSTINE. CCA 32792.

No. 99-0260/AF. U.S. v. Timothy D. SAPP. CCA 32641.

No. 99-0536/AF. U.S. v. Robert J. MONROE. CCA 32592.*/

PETITIONS FOR RECONSIDERATION DENIED

No. 98-0200/NA. U.S. v. Joey VILLAREAL. CCA 96-1234. Appellant’s petition for reconsideration of this Court’s opinion, United States v. Villareal, 52 MJ 27 (1999), denied.

    SULLIVAN, Judge (dissenting): I would grant the petition for reconsideration.

MANDATES ISSUED

No. 98-1001/MC. U.S. v. David W. MAGNAN. CCA 97-2071.
______

*/ Hearing held at The Catholic University of America Columbus School of Law, Washington, D.C., as part of the Court’s "Project Outreach" Program.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-028
Wednesday, November 10, 1999

HEARINGS

No. 99-0111/NA. U.S. v. Brian H. HENSLEY. CCA 98-0225.

No. 99-0120/AF. U.S. v. Shonnon D. WILSON. CCA 32849.

No. 99-0202/NA. U.S. v. Robert L. WILSON. CCA 98-0333.

No. 99-0286/AR. U.S. v. Marcus T. GOLSTON. CCA 9600326.

No. 99-0303/AF. U.S. v. Paul H. MURRAY. CCA 32670.

INTERLOCUTORY ORDERS

No. 00-0013/AR. U.S. v. Corwin L. SHORTER. CCA 9800905.
Appellant's motion to file index to supplemental brief for grant of review granted.

No. 99-0111/NA. U.S. v. Brian H. HENSLEY. CCA 98-0225.
Appellant's motion to order remand deferred until further order of the Court.

MANDATES ISSUED

No. 98-0200/NA. U.S. v. Joey VILLAREAL. CCA 96-1234.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-029
Friday, November 12, 1999

CERTIFICATES FOR REVIEW FILED

No. 00-5001/MC. U.S. v. Gary L. SCALARONE. CCA 98-0227. The Judge Advocate General, United States Navy, requests that action be taken with respect to the following issue:

WHETHER UNITED STATES V. HUFFMAN, 40 MJ 225 (CMA 1994), WHICH HELD THAT AN ACCUSED’S FAILURE TO RAISE THE ISSUE OF ILLEGAL PRETRIAL CONFINEMENT AT TRIAL DOES NOT PRECLUDE HIM FROM RAISING THE ISSUE ON APPEAL, SHOULD BE OVERRULED. No. 00-5002/CG. U.S. v. Thomas O. ARMSTRONG. CCA 1076. The General Counsel, Department of Transportation, requests that action be taken with respect to the following issues: I. THE COURT BELOW ERRED BY FAILING TO APPLY A PLAIN OR OBVIOUS ERROR STANDARD OF REVIEW TO THE MILITARY JUDGE’S DENIAL OF ACCUSED’S CHALLENGE FOR CAUSE ON GROUNDS OF IMPLIED BIAS WHERE THE ISSUE OF IMPLIED BIAS WAS FIRST RAISED ON APPEAL.

II. THE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE FACTS IN THIS CASE WARRANTED GRANTING A CHALLENGE FOR CAUSE FOR IMPLIED BIAS WHERE A COURT MEMBER (1) WAS FOUND TO BE CANDID AND FORTHRIGHT DURING VOIR DIRE; (2) WAS EXPOSED TO ONLY LIMITED AND GENERAL FACTS OF THE CASE PRIOR TO TRIAL; (3) HAD A PROFESSIONAL RELATIONSHIP WITH THE INVESTIGATOR/WITNESS IN THE CASE; AND (4) HAD A LAW ENFORCEMENT BACKGROUND THAT DID NOT INVOLVE PROSECUTION OF MILITARY MEMBERS.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0020/AR. U.S. v. James R. BELVIY. CCA 9900098.

No. 99-0825/AR. U.S. v. Eddie M. GOBEN. CCA 9801115.

No. 99-0975/AR. U.S. v. Scott G. GUSTAFSON. CCA 9801361.

No. 99-0976/AF. U.S. v. Carl D. VESTAL, Jr. CCA S29671.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0084/AR. U.S. v. Stephen L. BURNETT. CCA 9801389.

No. 00-0085/AF. U.S. v. Amanda K. GREGORY. CCA S29628.

No. 00-0086/AF. U.S. v. Latrise C. MORRIS. CCA S29519.

INTERLOCUTORY ORDERS

No. 98-1023/AR. U.S. v. Keith HENRY. CCA 9402015. On
consideration of (1) the briefs filed on behalf of the parties, (2) oral argument before this Court on October 27, 1999, (3) appellate defense counsel's assertion that appellant is substantially prejudiced unless Prosecution Exhibits 40, 41, 42, 44 and 45, in their totality, are included in the record, and (4) the appellee's "request" to "complete the record" with those portions of Prosecution Exhibits 40, 41, 42, 44 and 45 which were omitted from the authenticated record of trial, or identical copies of this evidence,* it is ordered that appellee submit to this Court on or before December 14, 1999, Prosecution Exhibits 40, 41, 42, 44 and 45 in their entirety, or identical copies/back issues of these aforementioned exhibits. If the documents can not be obtained, an affidavit setting forth the content of the documents and an explanation why neither the Prosecution Exhibits nor identical copies could be obtained will be filed with the Court.

No. 99-0224/AR. U.S. v. Hector RODRIGUEZ. CCA 9700189. To December 3, 1999.

No. 99-0419/AR. U.S. v. Homer R. LANGSTON. CCA 9700358. To December 10, 1999.

No. 99-0640/AR. U.S. v. Michael G. NEW. CCA 9600263. But only up to and including December 20, 1999.

    In each of the above three cases, appellee's motion to extend time to file answer to final brief granted to date indicated.

No. 99-0618/AR. U.S. v. McTyran T. LANIER. CCA 9700598. To November 24, 1999.

No. 99-0751/NA. U.S. v. Michael J. LANGE. CCA 98-1731. Second motion, but only up to and including December 10, 1999.

No. 99-0911/MC. U.S. v. Douglas A. ANDERSON. CCA 97-0058. But only up to and including December 10, 1999.

No. 99-0915/MC. U.S. v. Noel A. PINEDA. CCA 98-1659. But only up to and including December 10, 1999.

    In each of the above four cases, appellant's motion to extend time to file final brief granted to date indicated.
___________________
* Appellee’s Brief before the United States Army Court of Criminal Appeals, p. 15, filed on October 15, 1997.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-030
Monday, November 15, 1999

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0731/AR. U.S. v. Ronald L. HARRIS. CCA 9301182. Review granted on the following issue raised by appellate defense counsel:

I. WHETHER THE ARMY COURT OF CRIMINAL APPEALS ABUSED ITS DISCRETION BY ORDERING THE CONVENING AUTHORITY IN APPELLANT'S CASE TO EITHER CONDUCT A REHEARING OR REASSESS APPELLANT'S SENTENCE WHERE THE ARMY COURT OF CRIMINAL APPEALS SET ASIDE CHARGES THAT WERE VASTLY MORE SEVERE THAN THE REMAINING CHARGES AND REASSESSMENT BY THE CONVENING AUTHORITY WAS NOT A PROPER ALTERNATIVE. and the following issue specified by the Court: II. WHETHER THE COURT OF CRIMINAL APPEALS, IN REVIEWING THE SENTENCE AFTER REASSESSMENT BY THE CONVENING AUTHORITY, ERRED BY NOT SPECIFICALLY DETERMINING WHETHER THE REASSESSED SENTENCE PROVIDED APPROPRIATE RELIEF REQUIRED BY UNITED STATES V. SALES, 22 MJ 305 (CMA 1986), AND UNITED STATES V. JONES, 39 MJ 315 (CMA 1994).
PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0051/AF. U.S. v. Cameron D. LITTMON, Jr. CCA 33551.

No. 99-0950/MC. U.S. v. Charles B. RAY. CCA 98-0117.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0087/AR. U.S. v. Leland J. RICHARDSON. CCA 9701035.

No. 00-0088/MC. U.S. v. Anthony L. COSTELLIA. CCA 99-0916.

No. 00-0089/MC. U.S. v. Johanne M. KALLMYER. CCA 99-0781.

INTERLOCUTORY ORDERS

No. 00-0028/AR. U.S. v. Angela L. JAMES. CCA 9701225. To December 13, 1999.

No. 00-0039/AR. U.S. v. Arther L. BREWER. CCA 9701710. To December 1, 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. 99-0974/AR. U.S. v. Reinaldo MONTANEZ-PITRE. CCA 9701865.
Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only to December 6, 1999; absent extraordinary circumstances, no further extension of time will be granted in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-031
Tuesday, November 16, 1999

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0030/AF. U.S. v. Jeffrey D. BENINK. CCA 33715.

No. 99-0956/NA. U.S. v. Brian E. HUSBANDS. CCA 98-1850.

No. 99-1003/MC. U.S. v. Donald K. RACKLEY, Jr. CCA 99-0127.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0090/AR. U.S. v. Jason A. DUBOIS. CCA 9801543.

INTERLOCUTORY ORDERS

No. 00-0090/AR. U.S. v. Jason A. DUBOIS. CCA 9801543. Notice is hereby given that a petition for grant of review was offered for filing under Rule 20, together with appellant’s motion to file the same out of time. Appellee shall file an answer to appellant’s motion on or before the 29th day of November, 1999. Further action on the petition shall be held in abeyance pending the Court’s final action on the motion.

No. 99-0844/MC. U.S. v. Keith R. PAALUHI. CCA 97-0321. To December 13, 1999.

No. 99-0912/NA. U.S. v. Aaron P. PRITT. CCA 98-1660. Only up to and including December 9, 1999.

    In each of the above two cases, appellant's motion to extend time to file final brief granted to date indicated.

No. 99-0967/AR. U.S. v. Murali S. KULATHUNGAM. CCA 9700340.
Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only to November 30, 1999; absent extraordinary circumstances, no further extension of time will be granted in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-032
Wednesday, November 17, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0091/MC. U.S. v. Rance E. JONES. CCA 98-1789.

No. 00-0092/AR. U.S. v. John D. GUNKLE. CCA 9701960.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-033
Thursday, November 18, 1999

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0018/AF. U.S. v. Jacob J. GARZA. CCA 33165.

No. 00-0026/AF. U.S. v. Robert A. BAKER. CCA S29643.

No. 00-0047/AF. U.S. v. Michael M. ADAMS. CCA 33714.

No. 00-0056/AF. U.S. v. Tracy L. GILLETT. CCA S29667.

No. 00-0058/AF. U.S. v. John R. DIPIERNO. CCA 33604.

No. 99-0908/AR. U.S. v. Reynaldo G. ALVARADO. CCA 9701332.

No. 99-0920/AF. U.S. v. Brandon S. LAWSON. CCA 32943.

No. 99-0942/AF. U.S. v. Kelly J. ROGERS. CCA S29502.

No. 99-0954/AR. U.S. v. Rick E. SIEBERT. CCA 9801132.

No. 99-0961/AF. U.S. v. Victor G. BEGIN. CCA 32755.

No. 99-0971/NA. U.S. v. Mark A. CARLISLE. CCA 98-0612.

No. 99-0978/AF. U.S. v. Jason M. CAYEA. CCA 33635.

No. 99-0980/NA. U.S. v. Shannon J. HALBERT. CCA 98-1310.

No. 99-0985/AR. U.S. v. Matthew E. LONG. CCA 9900333.

No. 99-0997/AF. U.S. v. Fernando AVILEZ-LOPEZ. CCA 33651.

No. 99-1000/AF. U.S. v. Michael J.T. PISA. CCA S29636.

No. 99-1006/MC. U.S. v. Francis J.M. REINZI. CCA 98-1853.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0093/MC. U.S. v. Alejandro SERRANO. CCA 98-1260.

No. 00-0094/MC. U.S. v. Enrique ANDAVERDE. CCA 99-0363.

INTERLOCUTORY ORDERS

No. 99-0764/NA. U.S. v. Darwinn DAVIS. CCA 97-1012. Appellant's
motion to extend time to file final brief granted to December 7, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-034
Friday, November 19, 1999

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0852/MC. U.S. v. Daniel L. HOOD. CCA 98-1639. Review granted on the following issue:

WHETHER THE LOWER COURT ERRED WHEN IT AFFIRMED A SPECIAL COURT-MARTIAL SENTENCE WHICH INCLUDED BOTH A FINE AND A FORFEITURE. No. 99-0965/MC. U.S. v. Pedro A. TOLLINCHI. CCA 98-0246. Review granted on the following issue: WHETHER THE EVIDENCE PRESENTED BY THE GOVERNMENT WAS LEGALLY INSUFFICIENT TO ESTABLISH THAT APPELLANT WAS GUILTY OF RAPING EH BECAUSE THE GOVERNMENT FAILED TO ESTABLISH A REQUIRED ELEMENT OF RAPE.
PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0095/AR. U.S. v. Paul J. FULLER. CCA 9701004.

No. 00-0096/AR. U.S. v. Maurice RUSH. CCA 9701687.

No. 00-0097/AF. U.S. v. Jere H. WESSELL. CCA 33033.

No. 95-0865/AR. U.S. v. Hershell W. VEAL. CCA 9601448.*/
_____

*/ Second petition filed in same case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-035
Monday, November 22, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0098/AF. U.S. v. David M. DOBROWOLSKI. CCA 33743.

No. 00-0099/AF. U.S. v. Shelby B. FORREST. CCA 32707.

No. 00-0100/AF. U.S. v. Joo H. PASCUAL. CCA 33665.

No. 00-0101/AF. U.S. v. Marmeka L. SWINSON. CCA 33756.

No. 00-0102/AR. U.S. v. Juan O. ALVARADO-ALBELO. CCA 9800265.

No. 00-0103/AR. U.S. v. David B. BOWERS. CCA 9801149.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 00-8001/AR. United States, appellee, v. Ervin M. GRAVES, appellant. CCA 9900907. 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. 98-1071/AR. U.S. v. Willie L. VERTISON. CCA 9600303.
Appellant's second motion to extend time to file supplement to petition for grant of review granted to November 24, 1999; absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 99-0750/MC. U.S. v. Carl D. DAGNESE. CCA 97-0212.
Appellant's motions to file supplemental assignment of error pursuant to United States v. Grostefon, 12 MJ 431 (CMA 1982), denied.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-036
Tuesday, November 23, 1999

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0367/MC. U.S. v. Craig J. SPERANZI. CCA 98-1588. Review granted on the following issue specified by the Court:

WHETHER APPELLANT WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL BECAUSE HIS CIVILIAN COUNSEL WAS NOT AUTHORIZED TO PRACTICE LAW DUE TO THE INACTIVE STATUS OF ALL HIS STATE BAR MEMBERSHIPS. No. 99-0872/NA. U.S. v. William J. BAER. CCA 97-2044. Review granted on the following issue: WHETHER THE LOWER COURT ERRED IN FINDING NO ABUSE OF DISCRETION WHERE THE MILITARY JUDGE ALLOWED TRIAL COUNSEL TO ASK THE MEMBERS TO PUT THEMSELVES IN THE PLACE OF THE VICTIM WHEN HE WAS TORTURED AND MURDERED. No. 99-0932/AF. U.S. v. Larry D. SMITH, Jr. CCA 32850. Review granted on the following issue: WHETHER APPELLANT WAS SUBJECTED TO ILLEGAL PRETRIAL PUNISHMENT, IN VIOLATION OF ARTICLE 13, UCMJ. No. 99-0955/NA. U.S. v. Andrew J. BURKIETT. CCA 97-1774. Review granted on the following issue: WHETHER THE LOWER COURT ERRED IN HOLDING THAT THERE IS NO GENERAL PSYCHOTHERAPIST-PATIENT PRIVILEGE APPLICABLE TO THE MILITARY.     SULLIVAN, Judge (concurring in part and dissenting in part): I would also grant the following issue: WHETHER THE LOWER COURT ERRED IN AFFIRMING THE SENTENCE TO LIFE IMPRISONMENT WHERE THE MEMBERS IMPOSED AN EXCESSIVE SENTENCE IN RELIANCE UPON POSSIBLE MITIGATING ACTION BY A HIGHER AUTHORITY IN VIOLATION OF THE MILITARY JUDGE’S INSTRUCTIONS, AND RCM 1105(e)(3).
PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0101/AF. U.S. v. James S. COKER. CCA 32047.

    SULLIVAN, Judge (dissenting): I would grant the following issue:

WHETHER THE MILITARY JUDGE ERRED BY RULING, OVER DEFENSE OBJECTION, THAT THE HEARSAY TESTIMONY OF DR. TOMEFEEW, A STAFF PEDIATRICIAN, WAS ADMISSIBLE UNDER THE "MEDICAL TREATMENT" EXCEPTION TO THE HEARSAY RULE. No. 99-0972/AF. U.S. v. Robert P. MCGOUGH. CCA 32987.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0104/AR. U.S. v. Holly M. BALDWIN. CCA 9800230.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-037
Wednesday, November 24, 1999

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0314/MC. U.S. v. Milton D. STEELE. CCA 97-1236. Review granted on the following issue raised by appellate defense counsel:

I. WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO COUNSEL WHERE HIS CIVILIAN DEFENSE COUNSEL WAS UNAUTHORIZED TO PRACTICE LAW IN ALL JURISDICTIONS WHERE HE HAD BEEN ADMITTED TO PRACTICE LAW. and the following issue specified by the Court: II. WHETHER A CIVILIAN COUNSEL WHO IS IN INACTIVE OR RETIRED STATUS IN HIS BAR MEMBERSHIP(S) REMAINS AUTHORIZED TO PRACTICE BEFORE A GENERAL COURT-MARTIAL IN TERMS OF UCMJ, ARTICLES 27 AND 38(b)(2) AND RCM 502.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0742/MC. U.S. v. Thomas W. FOWLER. CCA 98-0966.

    SULLIVAN, Judge (dissenting): I would grant the following issue:

WHETHER THE LOWER COURT ERRED IN FINDING NO "PLAIN ERROR" ARISING FROM THE MILITARY JUDGE’S CONSIDERATION IN AGGRAVATION OF CHARGE I (CARNAL KNOWLEDGE), AN ABORTION PROCURED BY APPELLANT’S SEXUAL PARTNER "FOR THE FACT THAT THERE IS A DEAD CHILD."
PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0105/AF. U.S. v. Eric L. BOOKEY. CCA S29542.

No. 00-0106/AF. U.S. v. Andrea F. CORSON. CCA 33645.

No. 00-0107/AF. U.S. v. Kevin L. SMITH. CCA S29706.

No. 00-0108/AF. U.S. v. Bernard S. SCHWARTZ, Jr. CCA 33693.

No. 00-0109/AF. U.S. v. Eddie L. CHANEY. CCA S29638.

No. 97-0844/NA. U.S. v. Bobby W. ANDERSON. CCA 96-0152.*/
_____

*/ Second petition filed in same case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-038
Friday, November 26, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0110/AR. U.S. v. Claude E. PRUITT. CCA 9800284.

No. 00-0111/AR. U.S. v. Derrick C. WILLIAMS. CCA 9701161.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-039
Monday, November 29, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0112/AR. U.S. v. Marty D. NESBITT. CCA 9701692.

PETITIONS FOR RECONSIDERATION DENIED

No. 97-0432/AR. U.S. v. Tereasa M. HICKS. CCA 9502205. Appellant’s petition for reconsideration of the opinion of the Court issued on the 30th day of September, 1999 denied.

    SULLIVAN, Judge (dissenting): I would grant the petition for reconsideration.

INTERLOCUTORY ORDERS

No. 00-0013/AR. U.S. v. Corwin L. SHORTER. CCA 9800905.
Appellee's motion to file 10-day letter out of time granted.

No. 00-0042/AR. U.S. v. Lorenzo L. MILLS. CCA 9701731.
Appellant's motion to extend time to file supplement to petition for grant of review granted to December 22, 1999.

No. 99-0983/AR. U.S. v. Kevin E. BROWN. CCA 9701539. Appellant's motion to file index to supplement to petition for grant of review granted.

No. 99-5006/AR. U.S. v. Kier D. JACKSON. CCA 9700166.
Appellant and cross-appellee's motion to extend time to file answer to final brief on issue raised in certificate for review granted, but only up to and including December 13, 1999.


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