UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-099
Wednesday, February 28, 2001

HEARINGS

No. 00-0346/AR. U.S. v. Eric B. PACHECO. CCA 9500002.

No. 00-0480/NA. U.S. v. Michael D. ANDERSON. CCA 99-0586.

No. 99-0252/NA. U.S. v. Terrance M. JONES. CCA 97-0486.

No. 99-0401/AR. U.S. v. Chrissandra V. MARBURY. CCA 9700371.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0295/AR. U.S. v. John S. STONEMAN. CCA 9800137.

No. 01-0296/AF. U.S. v. Albert E. PETRONI, IV. CCA 33752.

No. 01-0297/AF. U.S. v. Sean G. NATHASINGH. CCA 33374.

No. 01-0298/AF. U.S. v. Gary L. JONES. CCA 33415.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-098
Tuesday, February 27, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0274/AR. U.S. v. Gary F. ALFORD. CCA 9701367.*/

No. 01-0294/MC. U.S. v. Richard B. SMITH. CCA 98-2155.

INTERLOCUTORY ORDERS

No. 00-0506/AR. U.S. v. Donald A. CLOUD. CCA 9800299. Appellant's motion to extend time to file supplement to petition for grant of review granted to March 26, 2001.

No. 01-0168/AR. U.S. v. Thomas F. ARMSTRONG. CCA 9600445. Appellant's second motion to extend time to file supplement to petition for grant of review granted up to and including March 12, 2001; absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0221/CG. U.S. v. Randy SPENCER. CCA 1129. Motion filed by Lieutenant Bruce Walker to appear pro hac vice granted.

No. 01-0222/CG. U.S. v. Daniel F. CZESCHIN. CCA 1125. Motion filed by Lieutenant Junior Grade Loren A. Friedel to appear pro hac vice granted.

No. 01-0224/AR. U.S. v. Rochester THOMAS. CCA 9502100. Appellant's motion to extend time to file supplement to petition for grant of review granted to March 26, 2001.

No. 01-0227/MC. U.S. v. Quinton T. GRAHAM. CCA 99-0630. Appellant's motion to correct errata granted.
_____

*/ Assigned docket number out of sequence. See Daily Journal for February 23, 2001--INTERLOCUTORY ORDERS.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-097
Monday, February 26, 2001

CERTIFICATES FOR REVIEW FILED

No. 01-5001/MC. U.S. v. Forest W. MEADOR. CCA 00-0714. The Judge Advocate General, United States Navy, requests that action be taken with respect to the following issue:

WHETHER THE LOWER COURT ERRED IN FINDING THE EVIDENCE LEGALLY INSUFFICIENT TO PERMIT THE FACTFINDER TO INFER THE ACCUSED’S KNOWING AND WRONGFUL USE OF MARIJUANA WHERE UNITED STATES V. CAMPBELL STATED IT DID NOT CREATE NEW LAW AND WHERE THE EVIDENCE PRESENTED AT TRIAL WAS AT LEAST THE SAME QUANTUM OF EVIDENCE THIS COURT PREVIOUSLY FOUND LEGALLY SUFFICIENT IN NUMEROUS PRE-CAMPBELL CASES.
PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0290/AR. U.S. v. Bryan J. THOMPSON. CCA 20000278.

No. 01-0291/AF. U.S. v. Todd L. REIGHARD. CCA S29869.

No. 01-0292/AF. U.S. v. Christopher J. LAFONTAINE. CCA 34289.

No. 01-0293/AF. U.S. v. Patrick M. DOHERTY. CCA 34267.

INTERLOCUTORY ORDERS

No. 00-0633/AR. U.S. v. Richard A. KINNEY. CCA 9800451.

Appellant's motion to extend time to file final brief is granted, but only up to and including March 9, 2001; appellee shall file an answer within 30 days thereafter; and the Clerk of Court shall set this case for hearing on the April 2001 Calendar.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-096
Friday, February 23, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0288/NA. U.S. v. Aaron C. BURGESS. CCA 99-1726.

No. 01-0289/AR. U.S. v. Anson D. BENTON. CCA 9800862.

INTERLOCUTORY ORDERS

No. 00-0159/AR. U.S. v. James A. BROWN. CCA 9801503. On further consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals filed in the above-entitled action and docketed under Docket No. 01-0274/AR on February 20th 2001, it appears that said petition was a second petition filed in an earlier case and was inadvertently given a new docket number. Accordingly, it is ordered that Docket No. 01-0274/AR issued on February 20, 2001 be rescinded in this case; that Docket No. 00-0159/AR be substituted and used on all future documents filed in this case; and that Docket No. 01-0274/AR be reassigned in due course to a new case.

No. 01-0056/AR. U.S. v. Tracie D. STRINGER. CCA 9900211. Appellant's motion to extend time to file final brief granted to March 7, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-095
Thursday, February 22, 2001

INTERLOCUTORY ORDERS

No. 99-0944/AR. U.S. v. Jeffery L. AYERS, Sr. CCA 9701847. Appellant's motion to extend time to file supplement to petition for grant of review granted to March 1, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-094
Wednesday, February 21, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 97-0666/AF. U.S. v. David E. MCCONNELL. CCA 32081. Review granted on the following issue:

WHETHER APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL. No. 00-0702/AR. U.S. v. Gerald P. IVEY. CCA 9700810. Review granted on the following issue: WHETHER THE GOVERNMENT FAILED TO PROCESS APPELLANT'S REQUESTS FOR IMMUNITY FOR CERTAIN CIVILIAN WITNESSES, IN VIOLATION OF APPELLANT'S DUE PROCESS RIGHTS AND RIGHT TO PRESENT A DEFENSE UNDER THE FIFTH AND SIXTH AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. No. 01-0010/AR. U.S. v. Gregory K. WILLIAMS. CCA 9601112. Review granted on the following issues: I. WHETHER THE COURT-MARTIAL CONVENED BY THE COMMANDER, MILITARY DISTRICT OF WASHINGTON, DID NOT HAVE JURISDICTION OVER APPELLANT BECAUSE PRIOR TO REFERRAL ON 29 MARCH 1996, THE IDENTICAL CHARGES REFERRED AGAINST APPELLANT BY THE COMMANDER, FORT RICHIE, ON 10 OCTOBER 1995, WERE NEVER WITHDRAWN.

II. WHETHER A 745-DAY DELAY BETWEEN THE TRIAL AND THE CONVENING AUTHORITY'S ACTION VIOLATES APPELLANT'S RIGHT TO A SPEEDY REVIEW.

III. WHETHER APPELLANT'S PLEAS OF GUILTY WERE IMPROVIDENT BECAUSE THE CONVENING AUTHORITY DID NOT COMPLY WITH THE TERMS OF THE PRETRIAL AGREEMENT THAT REQUIRED APPELLANT TO RECEIVE PAY AND ALLOWANCES UNTIL THE CONVENING AUTHORITY TOOK ACTION IN HIS CASE.

No. 01-0134/AR. U.S. v. Robert J. WIESEN. CCA 9801770. Review granted on the following issue: WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY VIOLATING THE MANDATE TO GRANT CHALLENGES FOR CAUSE LIBERALLY WHEN HE WRONGLY DENIED THE DEFENSE'S CHALLENGE FOR CAUSE AGAINST A PANEL MEMBER WHO WAS THE SUPERVISOR/RATER FOR SIX OTHER MEMBERS OF THE PANEL.
PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0287/AR. U.S. v. Ronald D. COLE. CCA 9601487.

INTERLOCUTORY ORDERS

No. 01-0162/AF. U.S. v. Samuel A. MORSE. CCA 33566. Appellant's

second motion to extend time to file supplement to petition for grant of review granted to March 12, 2001; absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0214/AF. U.S. v. Michael W. HAWKINS. CCA 33087. Appellant's

motion to extend time to file supplement to petition for grant of review granted to March 19, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-093
Tuesday, February 20, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0274/AR. U.S. v. James A. BROWN. CCA 9801503.

No. 01-0275/AR. U.S. v. Walter C. CLARIT. CCA 9900264.

No. 01-0276/AR. U.S. v. Clifford E. DRYSDALE. CCA 20000396.

No. 01-0277/NA. U.S. v. Jason C. AUGUSTINE. CCA 200000451.

No. 01-0278/NA. U.S. v. Michael R. SCHAD. CCA 200000216.

No. 01-0279/AF. U.S. v. Bradley J. CAMERON. CCA S29577.

No. 01-0280/AF. U.S. v. Michael D. FEAGINS. CCA 33377.

No. 01-0281/AF. U.S. v. William O. MABE III. CCA S29702.

No. 01-0282/AF. U.S. v. Darimedrick K. MAGEE. CCA S29513.

No. 01-0283/AF. U.S. v. Valerie F. MAYRANT. CCA S29802.

No. 01-0284/AF. U.S. v. David J. TOMAN. CCA 33649.

No. 01-0285/AF. U.S. v. Janice M. WASHINGTON. CCA S29570.

No. 01-0286/AF. U.S. v. Kelly R. WOODDELL. CCA S29651.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-092
Friday, February 16, 2001

RETURN OF RECORD FROM COURT OF CRIMINAL APPEALS

No. 99-0902/AF. U.S. v. Della C. VOGLE. CCA S29646. Notice is hereby given that the record was returned to the Clerk’s Office in accordance with the decision of this Court’s Order dated May 10, 2000, and has been placed on the Petition Docket this date and referred to the Court for further consideration.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0271/NA. U.S. v. Robert M. LACHINA. CCA 200000393.

No. 01-0272/AF. U.S. v. Paul D. THORNTON. CCA 33385.

No. 01-0273/AF. U.S. v. Damon A. HARTLEY. CCA 33803.

INTERLOCUTORY ORDERS

No. 01-0212/MC. U.S. v. William S. RIED. CCA 9801893. Appellant's

motion to extend time to file supplement to petition for grant of review granted to March 2, 2001.

MANDATES ISSUED

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


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-091
Thursday, February 15, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0269/MC. U.S. v. Michael A. CARBONEL. CCA 200001126.

No. 01-0270/MC. U.S. v. Alonzo B. ELLIS. CCA 99-1569.

INTERLOCUTORY ORDERS

Misc. No. 01-8022/NA. United States, appellee, v. Daniel M. KING, appellant. CCA 200001991. Appellant's motion for leave to file oversized brief granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-090
Wednesday, February 14, 2001

APPEALS - SUMMARY DISPOSITIONS

No. 00-0594/AR. U.S. v. Joel Z. MOMENT. CCA 9900604. 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 on the following issue specified by the Court:

WHETHER THE ACTION OF THE CONVENING AUTHORITY AND COURT OF CRIMINAL APPEALS ARE WITHOUT EFFECT IN LIGHT OF THE FACT THAT THOSE ACTIONS WERE TAKEN ON A RECORD OF TRIAL WITH MISSING PAGES AND THUS NOT PROPERLY AUTHENTICATED. And it is further ordered that the decision of the United States Army Court of Criminal Appeals is set aside; that the record of trial is returned to the Judge Advocate General of the Army for resubmission to that court for consideration of the specified issue; and that, thereafter, the record of trial will be returned directly to this Court. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0594/AR. U.S. v. Joel Z. MOMENT. CCA 9900604. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0268/MC. U.S. v. Douglas A. PETERSON. CCA 200001024.

INTERLOCUTORY ORDERS

No. 01-0032/AR. U.S. v. Kurt C. HUHN. CCA 9900210. Appellant's

motion to extend time to file final brief granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-089
Tuesday, February 13, 2001

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 98-0961/AR. U.S. v. Wesley J. VINSON. CCA 9601956. On consideration of the petition for grant of review filed with this Court by the appellant and docketed on February 12, 2001, it now appears that appellant’s petition for grant of review in this case was previously considered by this Court and that said petition was denied on September 24, 1998. Accordingly, it is ordered that this case be dismissed from the Court’s docket in light of the September 24, 1998 action of this Court.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0266/AR. U.S. v. Christopher A. KELLER. CCA 9900360.

No. 01-0267/NA. U.S. v. Jason C. LENTZ. CCA 99000433.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 01-8023/AF. United States, respondent, v. Phillip E. FROST, petitioner. CCA 33817. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on December 20, 2000 and placed on the docket this date.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-088
Monday, February 12, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0617/CG. U.S. v. William S. BENEDICT. CCA 1083. Review granted on the following issues, modified by the Court as follows:

I. WHETHER THIS CASE SHOULD BE REMANDED TO THE COURT OF CRIMINAL APPEALS FOR A DETERMINATION AS TO: (A) WHETHER IT WAS ERROR TO ADMINISTRATIVELY REDUCE APPELLANT 14 DAYS AFTER HE ENTERED CONFINEMENT; AND (B) THE IMPACT, IF ANY, OF UNITED STATES V. GORSKI, 47 MJ 370 (1997) UPON APPELLANT’S RETIRED PAY.

II. WHETHER THE CONVENING AUTHORITY FAILED TO SELECT THE COURT-MARTIAL MEMBERS IN ACCORDANCE WITH ARTICLE 25, UCMJ, 10 U.S.C. § 825 BECAUSE HE WAS PRESENTED WITH AN IMPERMISSIBLE FAIT ACCOMPLI AS TO THE COMPOSITION OF THE PANEL. SEE UNITED STATES V. MARSH, 21 MJ 445 (CMA 1986).

PETITIONS FOR GRANT OF REVIEW FILED

No. 98-0961/AR. U.S. v. Wesley J. VINSON. CCA 9601956.*/

No. 01-0263/AF. U.S. v. Anthony J. WILLIAMS. CCA 33034.

No. 01-0264/AF. U.S. v. Jennifer A. TUCKER-CASELLA. CCA S29870.

No. 01-0265/AF. U.S. v. Elijah AMMI. CCA S29846.

_____

*/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-087
Friday, February 09, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0050/MC. U.S. v. Phillip S. OXENDINE. CCA 99-0381. Review granted on the following issue:

WHETHER THE EVIDENCE FOR INVOLUNTARY MANSLAUGHTER WAS LEGALLY INSUFFICIENT WHEN APPELLANT DID NOT ACT WITH CULPABLE NEGLIGENCE AND THE VICTIM'S NEGLIGENCE WAS A SUPERCEDING CAUSE.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0670/AR. U.S. v. Daniel A. PURL. CCA 9701347.

No. 00-0694/NA. U.S. v. Patrick J. JACOBSON. CCA 98-0947.

No. 01-0095/AF. U.S. v. Robert L. FREEMAN. CCA 33569.

No. 01-0101/AF. U.S. v. Richard R. RODRIGUEZ, Jr. CCA 33535.

No. 01-0117/AR. U.S. v. Kinney F. RUSSELL. CCA 9801752.

No. 01-0136/AR. U.S. v. Winston A. MCKAY. CCA 9801557.

No. 01-0144/AF. U.S. v. Michael A. KING. CCA 33362.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0262/AF. U.S. v. Raymond M. BAILEY, Jr. CCA 34186.

PETITIONS FOR NEW TRIAL - FILINGS

No. 01-0162/AF. U.S. v. Samuel A. MORSE. CCA 33566.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-086
Thursday, February 08, 2001

APPEALS - SUMMARY DISPOSITIONS

No. 98-0656/AR. U.S. v. Patrick B. ROLLE. CCA 9601336. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, the petition is granted and the decision of the United States Army Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 98-0656/AR. U.S. v. Patrick B. ROLLE. CCA 9601336. [See also APPEALS - SUMMARY DISPOSITIONS this date.]

No. 01-0034/AR. U.S. v. Carlos O. PALMER. CCA 9801039. Review granted on the following issue:

WHETHER THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ERRED IN RULING THAT APPELLANT HAD FAILED TO ESTABLISH THAT THE MILITARY JUDGE COMMITTED PLAIN ERROR BY EXCLUDING EVIDENCE OF A PRIOR INCONSISTENT STATEMENT WHEN A VALID BASIS OF ADMISSIBILITY HAD BEEN MADE AND THE MILITARY JUDGE KNEW THAT THE EVIDENCE WAS CRUCIAL TO THE DEFENSE CASE.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0701/AR. U.S. v. Murray MILES. CCA 9900940.

No. 00-0704/AR. U.S. v. George B. SMITH. CCA 9801455.

No. 00-0724/MC. U.S. v. Warren T. COLLINS. CCA 99-1217.

No. 01-0082/AR. U.S. v. Wilbert WEATHERSBY. CCA 9801833.

No. 01-0093/AF. U.S. v. Ronda M. GRILL. CCA 33339.

No. 01-0109/MC. U.S. v. Justin J. MADER. CCA 99-1007.

No. 01-0128/AF. U.S. v. Jessie L. WRIGHT. CCA 33470.

INTERLOCUTORY ORDERS

No. 99-0252/NA. U.S. v. Terrance M. JONES. CCA 97-0486. Appellee's motion to attach documents granted.

No. 99-0556/AR. U.S. v. Benjiman JOHNSON. CCA 9602016. Appellant's motion to extend time to file supplement to petition for grant of review granted to March 8, 2001.

No. 01-0020/MC. U.S. v. Thomas L. NOURSE. CCA 99-0663. Appellant's motion to extend time to file final brief granted up to and including March 20, 2001; appellate government counsel shall file an answer thereto not later than April 16, 2001; and the Clerk of Court shall schedule this case for hearing on the April 2001 calendar.

No. 01-0051/MC. U.S. v. Jason D. NEELY. CCA 99-1212. Appellant's motion to file opposition out of time to appellee's motion to dismiss granted; appellee’s motion to dismiss petition for grant of review denied; appellant's motion to file supplement to petition for grant of review out of time granted; appellant’s motion to dismiss appellee’s motion to dismiss denied; appellant’s motion to attach granted.

No. 01-0130/AR. U.S. v. Jose L. RODRIGUEZ. CCA 9800800. Appellant's second motion to extend time to file supplement to petition for grant of review granted to February 20, 2001; absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0192/AR. U.S. v. Tommy R. RHULE. CCA 9701613. Appellant's motion to extend time to file supplement to petition for grant of review granted to March 7, 2001.

No. 01-0201/AR. U.S. v. James B. MANN. CCA 20000070. Appellant's motion to file certificate of filing and service granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-085
Wednesday, February 07, 2001

HEARINGS

No. 00-0301/MC. U.S. v. Glenn E. HURN. CCA 98-0200.

No. 00-0630/AR. U.S. v. Jose E. RIVERA. CCA 9701863.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 01-0069/AR. U.S. v. Vernell ROBINSON, Jr. CCA 9700852.

No. 01-0107/AR. U.S. v. Terenie A. MCLAURIN. CCA 9801194.

No. 01-0108/MC. U.S. v. Richard L. BOLTZ. CCA 200000322.

No. 01-0112/AR. U.S. v. Labrandon D. CURRY. CCA 9901141.

No. 01-0115/AR. U.S. v. Aaron L. MORTON. CCA 9901239.

No. 01-0133/AR. U.S. v. Dennis M. CARR. CCA 20000322.

No. 01-0152/AR. U.S. v. Darian L. WALKER. CCA 20000169.

No. 01-0155/AR. U.S. v. Guy H. PARENT. CCA 9900913.

No. 01-0175/AR. U.S. v. Joseph ANDERSON III. CCA 20000003.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0257/AR. U.S. v. Darrold E. MUSHATT. CCA 20000793.

No. 01-0258/AF. U.S. v. Steward W. MCMILLAN. CCA 33911.

No. 01-0259/AF. U.S. v. Christopher B. SCOTT. CCA S29876.

No. 01-0260/AF. U.S. v. Crystal R. CUMMINGS. CCA 34307.

No. 01-0261/AF. U.S. v. Lawyer HICKS. CCA S29732.

INTERLOCUTORY ORDERS

No. 01-0255/AF. U.S. v. Thomas L. TATE. CCA 33217. Appellant's motion to file petition for grant of review out of time granted. Appellant will file a supplement to petition under Rule 21 on or before March 12, 2001. Appellee may file an answer within thirty days thereafter.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-084
Tuesday, February 06, 2001

HEARINGS

No. 00-0544/NA. U.S. v. Dennis S. MCDONALD. CCA 98-2175.

No. 00-0592/NA. U.S. v. Terry W. JAMES. CCA 99-0435.

No. 00-0642/AF. U.S. v. Robert HURSEY Jr. CCA 33295.

No. 96-1198/AF. U.S. v. Edward L. MITCHELL. CCA 31421.

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0019/MC. U.S. v. Bryan WACHA, Jr. CCA 99-1715. Review granted on the following issue:

WHETHER THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY FAILING TO CONSIDER WHETHER APPELLANT'S SENTENCE SATISFIED A SENTENCE UNIFORMITY STANDARD AS INTENDED BY CONGRESS WHEN IT ADOPTED ARTICLE 66(c). No. 01-0042/AF. U.S. v. Michael W. CATRETT, Jr. CCA 33133. Review granted on the following issues: I. WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT IN DENYING DEFENSE COUNSEL'S MOTION TO SUPPRESS STATEMENTS MADE BY APPELLANT AND EVIDENCE DERIVED FROM THOSE STATEMENTS.

II. WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT IN ALLOWING OPINION TESTIMONY IN REBUTTAL ON THE MERITS REGARDING APPELLANT'S MILITARY CHARACTER WITHOUT PROPER FOUNDATION.

III. WHETHER THE STAFF JUDGE ADVOCATE ERRED IN FAILING TO RESPOND TO LEGAL ERRORS SUBMITTED BY THE DEFENSE TO THE STAFF JUDGE ADVOCATE RECOMMENDATION.

No. 01-0064/AF. U.S. v. Bobby D. BAKER II. CCA 34069. Review granted on the following issue: WHETHER THE EVIDENCE IS LEGALLY INSUFFICIENT TO SUPPORT APPELLANT'S CONVICTION FOR INDECENT ACTS WITH A CHILD WHERE THE BASIS OF CONVICTION IS APPELLANT'S ALLEGED PRIVATE, HETEROSEXUAL CONDUCT WITH A FIFTEEN-YEAR-OLD YOUNG WOMAN WHEN APPELLANT WAS EIGHTEEN YEARS OLD.


No. 99-0232/AR. U.S. v. Robert W. MARTIN. CCA 9600413. Review granted on the following issues:

I. WHETHER THE EVIDENCE OF RECORD CLEARLY AND CONVINCINGLY ESTABLISHES THAT APPELLANT WAS NOT MENTALLY RESPONSIBLE DURING THE PERIOD OF THE CHARGED OFFENSES, EFFECTIVELY OVERCOMING THE PRESUMPTION OF MENTAL RESPONSIBILITY, AND THE GOVERNMENT'S EVIDENCE WAS INSUFFICIENT TO REFUTE THE DETERMINATION THAT APPELLANT WAS NOT MENTALLY RESPONSIBLE.

II. WHETHER THE ARMY COURT OF CRIMINAL APPEALS APPLIED AN OVERLY RESTRICTIVE STANDARD IN DETERMINING WHETHER APPELLANT PREVAILED AT TRIAL IN THE DEFENSE OF LACK OF MENTAL RESPONSIBILITY BY LIMITING ITS REVIEW TO WHETHER APPELLANT ESTABLISHED LACK OF MENTAL RESPONSIBILITY AT THE PRECISE MOMENT OF HIS MULTIPLE ACTS OF CHARGED MISCONDUCT AND BY REJECTING APPELLANT'S EVIDENCE THAT HE WAS NOT MENTALLY RESPONSIBLE DURING THE PERIOD THAT HIS MULTIPLE ACTS OF MISCONDUCT OCCURRED.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0256/AR. U.S. v. Alex CRAIG, Jr. CCA 9900127.

INTERLOCUTORY ORDERS

No. 96-1198/AF. U.S. v. Edward L. MITCHELL. CCA 31421. Appellee's motion to submit documents granted; appellant's motion to file reply brief out of time granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-083
Monday, February 05, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

No. 01-0026/AF. U.S. v. Robert A. FRANCIS. CCA 33080.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0249/AF. U.S. v. James R. CRAVENS. CCA 33438.

No. 01-0250/AF. U.S. v. Matthew E. GARIPPA. CCA 34117.

No. 01-0251/AF. U.S. v. Elgin R. MARION. CCA 33299.

No. 01-0252/AF. U.S. v. Howard J. MARSHALL, Jr. CCA S29855.

No. 01-0253/NA. U.S. v. Jason L. BINGAMAN. CCA 98-1949.

No. 01-0254/MC. U.S. v. Brian D. JOHNSON. CCA 99-01222.

No. 01-0255/AF. U.S. v. Thomas L. TATE. CCA 33217.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 01-8022/NA. United States, appellee, v. Daniel M. KING, appellant. CCA 200001991. Writ-appeal petition for review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b) on February 2, 2001 and placed on the docket this date.

INTERLOCUTORY ORDERS

No. 00-0592/NA. U.S. v. Terry W. JAMES. CCA 99-0435. Appellee's motion to correct errata granted.

MANDATES ISSUED

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

No. 00-0224/NA. U.S. v. Erik G. VASQUEZ. CCA 99-0051.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-082
Friday, February 02, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0509/AR. U.S. v. George E. SMITH, III. CCA 9700657.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0247/AR. U.S. v. Herbert A. HOUSE. CCA 9900706.

No. 01-0248/AR. U.S. v. Richard S. LOWERY, Jr. CCA 9900225.

INTERLOCUTORY ORDERS

No. 96-1198/AF. U.S. v. Edward L. MITCHELL. CCA 31421. Appellant's motion for enlargement of time to file motion denied without prejudice to appellant’s right to present the issue during the course of oral argument.

No. 00-0671/AF. U.S. v. Bruce W. YARBROUGH. CCA 32964. Appellee's motion to submit corrected pages granted.

No. 01-0020/MC. U.S. v. Thomas L. NOURSE. CCA 99-0663. On further consideration of the above-entitled action, it is ordered that appellate defense counsel file a brief on the granted issue on or before February 21, 2001; that appellate government counsel file an answer thereto not later than March 14, 2001; and that the Clerk of Court schedule this case for hearing on the March 2001 Calendar.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-081
Thursday, February 01, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

No. 01-0027/NA. U.S. v. Lavon AVERY. CCA 9900139.

No. 01-0074/AF. U.S. v. Tracy D. FRIEDMANN. CCA S29718.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0245/AR. U.S. v. Abraham CONTRERAS. CCA 20000319.

No. 01-0246/MC. U.S. v. Terrence W. DOWLEN. CCA 20-00008.

INTERLOCUTORY ORDERS

No. 00-0301/MC. U.S. v. Glenn E. HURN. CCA 98-0200. Appellant's motion to attach documents granted.


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