UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-162
Wednesday, May 30, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

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

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

No. 01-0356/AF. U.S. v. Jennie M. METZGER. CCA S29656.

No. 01-0422/AF. U.S. v. Shirley R. CAPARIDA. CCA S29714.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 01-8033/NA. In Re Prince D. BROWN. Petition for extraordinary was filed under Rule 27(a).

MISCELLANEOUS DOCKET – SUMMARY DISPOSITIONS

Misc. No. 01-8033/NA. In Re Prince D. BROWN. Petition for extraordinary relief and request for a stay denied.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-161
Tuesday, May 29, 2001

PETITIONS FOR GRANT OF REVIEW FILED

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

No. 01-0565/AR. U.S. v. James A. SUTER. CCA 20000433.

No. 01-0566/AF. U.S. v. Rodney J. ANDERSON. CCA 33862.

No. 01-0567/AF. U.S. v. Amanda J. BLOODWORTH. CCA S29825.

No. 01-0568/AF. U.S. v. Katherine A. CORBIN. CCA S29818.

No. 01-0569/AF. U.S. v. Jeffrey N. CROSTON. CCA 33774.

No. 01-0570/AF. U.S. v. Luis D. GUERRERO. CCA 34138.

No. 01-0571/AF. U.S. v. Steven C. LAMOTHE. CCA 34303.

No. 01-0572/AF. U.S. v. Glen A. MAYTON. CCA S29743.

No. 01-0573/AF. U.S. v. John P. WHITEHALL. CCA 34178.

INTERLOCUTORY ORDERS

No. 01-0470/NA. U.S. v. Phillip J. PETRIDES. CCA 9901298. Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 01-0487/AF. U.S. v. Steven L. MARINO. CCA 33735. Appellant's motion to substitute corrected page granted.

_____

*/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-160
Friday, May 25, 2001

APPEALS - SUMMARY DISPOSITIONS

No. 00-0506/AR. U.S. v. Donald A. CLOUD. CCA 9800299. 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.]

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0506/AR. U.S. v. Donald A. CLOUD. CCA 9800299. [See also APPEALS – SUMMARY DISPOSITION this date.]

No. 01-0214/AF. U.S. v. Michael W. HAWKINS. CCA 33087. Review granted on the following issue:

WHETHER THE MILITARY JUDGE ERRED BY DENYING APPELLANT'S MOTION TO DISQUALIFY THE CONVENING AUTHORITY. No. 01-0242/MC. U.S. v. Guillermo A. DOUGLAS. CCA 200000569. Review granted on the following issue: WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ACTED UNREASONABLY, ARBITRARILY AND CONTRARY TO THE JURISPRUDENCE OF THIS COURT BY DENYING APPELLATE DEFENSE COUNSEL THE OPPORTUNITY TO FILE A MOTION FOR RECONSIDERATION WHERE THE ERRORS IDENTIFIED BY APPELLANT HAD NOT BEEN PREVIOUSLY ASSERTED ON HIS BEHALF. No. 01-0249/AF. U.S. v. James R. CRAVENS. CCA 33438. Review granted on the following issues: I. WHETHER THE MILITARY JUDGE ERRED IN DENYING APPELLANT'S MOTION TO SUPPRESS HIS HAIR DRUG TEST RESULTS WHEN THE OSI AGENTS PROVIDED FALSE AND MISLEADING INFORMATION TO THE MAGISTRATE AND WHEN THERE WAS A LACK OF PROBABLE CAUSE FOR THE SEARCH AUTHORIZATION.

II. WHETHER THE MILITARY JUDGE ERRED IN DENYING APPELLANT'S MOTION IN LIMINE TO SUPPRESS THE HAIR TEST RESULTS BASED ON MRE 401 AND 403, WHEN THE GOVERNMENT EXPERT WITNESS TESTIFIED THAT THERE WAS NO WAY TO DETERMINE WHICH PART OF THE HAIR CONTAINED THE ILLEGAL DRUG AND THUS WHEN APPELLANT ALLEGEDLY USED THE SUBSTANCE.

No. 01-0294/MC. U.S. v. Richard B. SMITH. CCA 98-2155. Review granted on the following issue: WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY REFUSING TO APPLY THIS COURT'S DECISIONS IN UNITED STATES V. HARDCASTLE, 53 MJ 299 (2000), AND UNITED STATES V. WILLIAMS, 53 MJ 293 (2000), WHICH HELD THAT PLEAS OF GUILTY ARE IMPROVIDENT IF BASED UPON A MATERIAL MISUNDERSTANDING OF A TERM IN THE PRETRIAL AGREEMENT.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 01-0391/AF. U.S. v. Jeffrey A. GHOLSON, Sr. CCA 33616.

No. 01-0394/AF. U.S. v. Kenneth M. BELLINGHAM. CCA 33674.

No. 01-0400/AF. U.S. v. Grant A. MCCOLLOUGH. CCA 33409.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0559/AF. U.S. v. Ryan C. BORISCH. CCA 33878.

No. 01-0560/AF. U.S. v. Paul V. BURDULIS. CCA 33788.

No. 01-0561/AF. U.S. v. Jason L. SWECKER. CCA 99-44.

No. 01-0562/AF. U.S. v. Alan R. MOORE. CCA 33567.

No. 01-0563/AF. U.S. v. Jennifer C. PRITCHETT. CCA 34025.

No. 01-0564/AF. U.S. v. Louis J. KNUDTSON. CCA 33871.

MANDATES ISSUED

No. 00-0002/AF. U.S. v. Claude F. WHITE, Jr. CCA 33583.

No. 00-0207/AF. U.S. v. Charles D. BINEGAR. CCA 32854.

No. 00-0550/AF. U.S. v. Abdul K. ERBY. CCA 33282.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-159
Thursday, May 24, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0285/AF. U.S. v. Janice M. WASHINGTON. CCA S29570. Review granted on the following issue:

WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE REFUSED TO ALLOW APPELLANT’S EXHIBIT E INTO EVIDENCE, A STATEMENT ADVISING THE MEMBERS THAT THE IMPOSITION OF A BAD-CONDUCT DISCHARGE WOULD DEPRIVE APPELLANT OF ALL RETIREMENT BENEFITS. No. 01-0304/AR. U.S. v. Trevis D. MOSBY. CCA 9900437. Review granted on the following issue: WHETHER THE MILITARY JUDGE ERRED IN DENYING APPELLANT ARTICLE 13 CREDIT BECAUSE APPELLANT WAS SUBJECTED TO ILLEGAL PRETRIAL PUNISHMENT BY BEING PLACED IN SOLITARY CONFINEMENT SIMPLY BECAUSE OF THE SERIOUSNESS OF THE OFFENSE. No. 01-0363/AF. U.S. v. Eric E. GRANT. CCA S29569. Review granted on the following issues:
I. WHETHER THE MILITARY JUDGE ERRED BY APPLYING A LOWER STANDARD OF ADMISSIBILITY FOR EVIDENCE USED AS CORROBORATION OF A CONFESSION TO DRUG USE THAN HE WOULD HAVE APPLIED IF THE SAME EVIDENCE HAD BEEN OFFERED AS DIRECT PROOF OF DRUG USE, AS SHOWN BY HIS ADMISSION OF A MEDICAL DRUG SCREEN TEST RESULT:
A. AS A BUSINESS RECORD EXCEPTION TO THE HEARSAY RULE DESPITE A LACK OF FOUNDATION AND AUTHENTICATION TESTIMONY.

B. WHEN THE URINE WAS NOT MAINTAINED SUBJECT TO ANY CHAIN OF CUSTODY PROCEDURES PRIOR TO TESTING AND THE GOVERNMENT DID NOT PRESENT ANY EVIDENCE THAT THE URINE PRESERVED IN AN UNALTERED STATE.

C. WITHOUT ANY EXPECT TESTIMONY REGARDING THE TEST PROCEDURES OR THE RESULTS. II.WHETHER THE MILITARY JUDGE ERRED BY FINDING THE 22 NOVEMBER DRUG SCREEN TEST RESULT TO BE CORROBORATION OF THE ESSENTIAL FACTS OF APPELLANT’S CONFESSION TO DIVERS USES OF MARIJUANA IN OCTOBER AND NOVEMBER.

III. WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE INSTRUCTED THE MEMBERS ON THE USE OF THE DRUG SCREEN TEST RESULTS TO CORROBORATE THE CONFESSION.

IV. WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT IN NOT GRANTING THE DEFENSE MOTION FOR A FINDING OF NOT GUILTY DUE TO INSUFFICIENT CORROBORATION OF APPELLANT’S CONFESSION.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 01-0168/AR. U.S. v. Thomas F. ARMSTRONG. CCA 9600445.

No. 01-0231/AR. U.S. v. Bobby DANTZLER. CCA 9800645.

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

No. 01-0342/AF. U.S. v. Jeffrey WIMMER. CCA 33348.

No. 01-0359/AR. U.S. v. Mark C. MARLEY, Jr. CCA 9900474.

No. 01-0378/AR. U.S. v. Melecio MARTINEZ, Jr. CCA 20000110.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0557/AR. U.S. v. Russell T. STODDARD. CCA 20000203.

No. 01-0558/AR. U.S. v. Brian M. GUIDRY, II. CCA 20000584.

INTERLOCUTORY ORDERS

No. 01-0084/AR. U.S. v. Shawn H. RICHARDS. CCA 9700809. Appellee’s motion to extend time to file an answer to final brief granted to June 6, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0130/AR. U.S. v. Jose L. RODRIGUEZ. CCA 9800800. Appellant’s motion to extend time to file final brief granted to June 7, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0426/AR. U.S. v. Edward A. HUMPHERYS. CCA 9800141. 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. 01-158
Wednesday, May 23, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

No. 01-0336/AR. U.S. v. Jamie A. CULHAM. CCA 9900972.

No. 01-0358/AR. U.S. v. David L. DRUECKER. CCA 9901028.

No. 01-0413/AF. U.S. v. Michael S. GETHING. CCA S29899.

No. 01-0416/MC. U.S. v. Marcus SIRIOTIS. CCA 200001206.

No. 01-0419/AF. U.S. v. Gerald F. WISTHOFF, II. CCA S29726.

No. 01-0420/AF. U.S. v. Randall J. MONTOUR. CCA S29808.

No. 01-0424/AR. U.S. v. Kristopher WOOLVERTON. CCA 19990688.

No. 01-0439/MC. U.S. v. Marco A. MARTINEZ. CCA 200001014.

No. 01-0445/AR. U.S. v. Todd A. ROTHROCK. CCA 9901208.

No. 01-0462/AR. U.S. v. Dionex SANTIAGOCARDONA. CCA 20000361.

No. 01-0472/AR. U.S. v. Ron M. SHRIVER. CCA 20000589.

No. 01-0478/AR. U.S. v. Henry L. OUSLEY. CCA 20000825.

INTERLOCUTORY ORDERS

No. 01-0295/AR. U.S. v. John S. STONEMAN. CCA 9800137. Appellant's motion to file index to supplement to petition for grant of review granted.

No. 01-0376/AR. U.S. v. Shante I. FORD. CCA 9900383. Appellant's motion to file index to supplement to petition for grant of review granted.

No. 01-0458/AR. U.S. v. James L. RUSSANO. CCA 9900543. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 5, 2001.

No. 01-0464/AF. U.S. v. Joshua L. WATSON. CCA 33124. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 22, 2001.

No. 01-0468/AR. U.S. v. Andrew M. COLEMAN. CCA 9801240. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 26, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-157
Tuesday, May 22, 2001

HEARINGS

No. 00-0617/CG. U.S. v. William S. BENEDICT. CCA 1083.

No. 00-0702/AR. U.S. v. Gerald P. IVEY. CCA 9700810.

No. 01-0010/AR. U.S. v. Gregory K. WILLIAMS. CCA 9601112.

No. 01-0134/AR. U.S. v. Robert J. WIESEN. CCA 9801770.

No. 97-0666/AF. U.S. v. David E. MCCONNELL. CCA 32081.

PETITIONS FOR GRANT OF REVIEW DENIED

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

No. 01-0325/AR. U.S. v. Mike PIERRE. CCA 9900482.

No. 01-0343/AF. U.S. v. Richard E. WISNIEWSKI. CCA 33686.

No. 01-0349/AF. U.S. v. Adam L. HALCOMB. CCA 34057.

No. 01-0357/NA. U.S. v. Michael L. RIOPEL. CCA 200001318.

No. 01-0361/MC. U.S. v. Mark B. MORRIS. CCA 99-1551.

No. 01-0382/AR. U.S. v. Arthur L. MARTIN. CCA 9900917.

No. 01-0414/AF. U.S. v. James R. CHRISTIAN. CCA S29907.

No. 01-0433/AF. U.S. v. Jeremy W. WINCHESTER. CCA 34385.

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 01-0317/NA. U.S. v. Randy J. GIZARA. CCA 00-0187. Appellant's motion to withdraw petition for grant of review granted.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0556/AR. U.S. v. Joseph R. PASADAVA, Jr. CCA 9801741.

MANDATES ISSUED

No. 00-0169/NA. U.S. v. Robert B. OGREN. CCA 99-0041.

No. 00-0227/NA. U.S. v. Shawn M. PROMIN. CCA 98-0929.

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

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


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-156
Monday, May 21, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 99-0651/AF. U.S. v. Jesse L. KIRKLAND. CCA 33064.*/

No. 01-0536/AR. U.S. v. Edwin S. RAMOS. CCA 20000140.

No. 01-0537/AR. U.S. v. Sean L. EVANS. CCA 9900925.

No. 01-0538/AR. U.S. v. Jeremy J. LUND. CCA 9900116.

No. 01-0539/AR. U.S. v. Frederick J. WOODHOUSE. CCA 9801033.

No. 01-0540/AR. U.S. v. Donovan J. MCKINNEY. CCA 9800851.

No. 01-0541/AR. U.S. v. Robert N. UNGER. CCA 20000551.

No. 01-0542/AR. U.S. v. Joe L. LINEN. CCA 9801162.

No. 01-0543/AF. U.S. v. Natasha C. SWANSON. CCA S29763.

No. 01-0544/AF. U.S. v. Kevin M. SPERBER. CCA S29875.

No. 01-0545/AF. U.S. v. Sixtos R. SANTOS. CCA 34223.

No. 01-0546/AF. U.S. v. Richard S. CAGLE. CCA 34350.

No. 01-0547/AF. U.S. v. Joshua E. FANCHER. CCA 33990.

No. 01-0548/AF. U.S. v. Urban R. FARMER. CCA 33849.

No. 01-0549/AF. U.S. v. Paul J. GADDY. CCA 33827.

No. 01-0550/AF. U.S. v. Jai D. GAMBLE. CCA S29760.

No. 01-0551/AF. U.S. v. Amber L. KUNSELMAN. CCA 34322.

No. 01-0552/AF. U.S. v. Luis MUNOZ. CCA 33688.

No. 01-0553/AF. U.S. v. Patrick A. PHILLIPS. CCA S29716.

No. 01-0554/AF. U.S. v. James R. POMEISL. CCA 33884.

No. 01-0555/AF. U.S. v. Andrus W. RIFLE. CCA 33707.

_____

*/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-155
Friday, May 18, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

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

No. 01-0301/MC. U.S. v. Maynor F. USEDABERMUDEZ. CCA 9901221.

No. 01-0338/AF. U.S. v. Colby W. AHERIN. CCA 34224.

No. 01-0339/AF. U.S. v. Matthew C. GIETZEN. CCA 33185.

No. 01-0340/AF. U.S. v. Paul M. HIGGINS. CCA 33606.

No. 01-0352/AF. U.S. v. Sean P. BESENFELDER. CCA 34182.

No. 01-0353/AF. U.S. v. James J. ANDERSON, Jr. CCA 34262.

No. 01-0360/AR. U.S. v. Marvin C. BELL. CCA 20000051.

No. 01-0368/AF. U.S. v. Derek A. SUTHERLIN. CCA 34275.

No. 01-0373/AR. U.S. v. Isaac N. GREEN III. CCA 20000469.

No. 01-0384/MC. U.S. v. Andrew PINTO. CCA 200000779.

No. 01-0388/NA. U.S. v. Bernard K. OWENS. CCA 9901595.

No. 01-0399/AF. U.S. v. Xavier L. MANUEL. CCA 34266.

No. 01-0401/AF. U.S. v. Huffman E. MONK. CCA 33672.

No. 01-0402/AF. U.S. v. Ryan N. MOWRY. CCA 34270.

No. 01-0405/AF. U.S. v. Scott A. RHEW. CCA S29794.

No. 01-0406/MC. U.S. v. Christopher A. RYAN. CCA 200000764.

No. 01-0410/AR. U.S. v. Brian D. COWAN. CCA 20000519.

No. 01-0412/NA. U.S. v. Jeremy J. GRIFFITH. CCA 99-1705.

No. 01-0417/MC. U.S. v. Timothy P. BULLINGER. CCA 200001361.

No. 01-0429/AF. U.S. v. Karmen M. JACKSON. CCA 34296.

No. 01-0473/AR. U.S. v. Scott D. PARKS. CCA 9900357.

No. 01-0474/AR. U.S. v. Kevin O. DAVIS. CCA 9900962.

No. 01-0475/AR. U.S. v. Darrell HAYWOOD. CCA 9801759.

No. 01-0476/AR. U.S. v. Kyle B. LEWIS. CCA 9900226.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0529/AR. U.S. v. Jean-Pierre CELESTIN. CCA 20001019.

No. 01-0530/AR. U.S. v. James A. ANGONE. CCA 9901157.

No. 01-0531/AR. U.S. v. Michael J. ARROYO. CCA 9901032.

No. 01-0532/AF. U.S. v. Arthur L. COHRAN, Jr. CCA S29736.

No. 01-0533/AF. U.S. v. Samantha D. BISH. CCA 33744.

No. 01-0534/AF. U.S. v. Tedio ALAMEDA, Jr. CCA 33529.

No. 01-0535/AF. U.S. v. Darren P. McCORMICK. CCA 33676.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 01-8032/NA. United States, respondent, v. Frederick L. COZART, petitioner. CCA 97-1396. Petition for extraordinary relief denied.

INTERLOCUTORY ORDERS

No. 01-0322/AR. U.S. v. Selwyn S. HAWTHORNE. CCA 9800209. Appellant's motion for leave to file and attach defense appellate exhibits A, B, and C granted; appellee’s motion to file opposition out of time granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-154
Thursday, May 17, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

No. 01-0344/NA. U.S. v. Richard JONES. CCA 200000074.

No. 01-0365/AF. U.S. v. Joseph B. ROBBINS. CCA S29867.

No. 01-0369/AF. U.S. v. Jon M. IRVIN. CCA 34066.

No. 01-0381/AR. U.S. v. Antoine D. IRICK. CCA 20000731.

No. 01-0392/AF. U.S. v. Michael E. COOK. CCA 34030.

No. 01-0409/AR. U.S. v. Wilberto D. GORIS. CCA 20000529.

No. 01-0415/AF. U.S. v. Billy R. BRYANT. CCA 34353.

No. 01-0427/AF. U.S. v. Roberta J. CASABAR. CCA 34337.

No. 01-0428/AF. U.S. v. Jason E. CONTRERAS. CCA 34386.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0528/AR. U.S. v. Devon C. CHISOM. CCA 9900606.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 01-8032/NA. Frederick L. COZART, petitioner, v. United States, respondent. Petition for extraordinary relief in the nature of a writ of error coram nobis was filed under Rule 27(a) on April 20, 2001, and placed on the docket this date.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-153
Wednesday, May 16, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 98-1089/AR. U.S. v. Sean G. GRIGORUK. CCA 9600949.*/

No. 01-0527/MC. U.S. v. Joshua K. DRYDEN. CCA 200000535.

_____

*/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-152
Tuesday, May 15, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0615/AF. U.S. v. Steven E. DENT. CCA 33138.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0526/AR. U.S. v. Reginald C. JARRETT. CCA 9900831.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 01-8031/NA. In Re Dantwan L. HAMPTON, appellant. CCA 2001-0467. Writ-appeal 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).

INTERLOCUTORY ORDERS

No. 01-0162/AF. U.S. v. Samuel A. MORSE. CCA 33566. Appellee's motion to strike granted.

No. 01-0337/NA. U.S. v. Mark K. HOLLIS. CCA 9900297. Appellant's second motion to extend time to file supplement to petition for grant of review granted.

No. 01-0366/AF. U.S. v. William H. ALLEN, Jr. CCA 32851. Appellant's motion to submit documents denied.

No. 01-0387/NA. U.S. v. Toro KHAMSOUK. CCA 9900711. Appellant's second motion to extend time to file supplement to petition for grant of review granted to May 30, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0437/AR. U.S. v. Kevin C. RICE. CCA 9901007. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 11, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-151
Monday, May 14, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0241/AF. U.S. v. Hanalei M. TERLEP. CCA 33408. Review granted on the following issues:
 

I. WHETHER IT WAS PLAIN ERROR FOR THE MILITARY JUDGE TO ALLOW, IN THE PRE-SENTENCING PROCEEDINGS, TESTIMONY BY THE ASSAULT VICTIM THAT SHE WAS RAPED AND ARGUMENT BY TRIAL COUNSEL THAT WHEN THE ASSAULT VICTIM TESTIFIED THAT SHE TOLD THE "TRUTH."

II. WHETHER IT WAS INEFFECTIVE ASSISTANCE OF COUNSEL TO FAIL TO OBJECT TO THE ASSAULT VICTIM'S TESTIMONY, IN THE PRE-SENTENCING PROCEEDINGS, THAT SHE WAS RAPED IN LIGHT OF THE STIPULATION OF FACT TO AN ASSAULT, NOT A RAPE, AND TO FAIL TO OBJECT TO TRIAL COUNSEL'S SENTENCING ARGUMENT.

III. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY USING THE CONFINEMENT CAP IN APPELLANT'S PRE-TRIAL AGREEMENT AS A CONCESSION THAT HIS SENTENCE IS APPROPRIATE AND AS A FACTOR IN FINDING THAT APPELLANT SUFFERED NO PREJUDICE AS A RESULT OF HIS COUNSEL'S DEFICIENT PERFORMANCE.


No. 01-0243/AR. U.S. v. John A. WHITTEN. CCA 9900373. Review granted on the following issue:

WHETHER THE EVIDENCE WAS LEGALLY INSUFFICIENT TO
SUPPORT THE FINDINGS OF GUILTY TO THE OFFENSES OF
CONSPIRACY TO COMMIT LARCENY (THE SPECIFICATION OF CHARGE I) AND LARCENY (SPECIFICATION 1 OF CHARGE III) BECAUSE THE CONSPIRACY AND LARCENY WERE COMPLETED BEFORE APPELLANT BECAME INVOLVED IN THE SITUATION.

PETITIONS FOR GRANT OF REVIEW DENIED.


No. 01-0210/MC. U.S. v. Thomas M. GULLEY. CCA 9901823.

No. 01-0306/AF. U.S. v. Rene D. MOE. CCA 33966.

No. 01-0307/AF. U.S. v. Dudley A. MERRIFIELD. CCA 33599.

No. 01-0345/CG. U.S. v. Jerry M. WILLIAMS, Jr. CCA 1140.

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 01-0379/AR. U.S. v. Marcus W. SMITH. CCA 20000387. Appellant's motion to withdraw petition without prejudice to refile granted.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0517/AR. U.S. v. Jerry D. NANCE. CCA 20000699.

No. 01-0518/AR. U.S. v. Elroy WIDOW. CCA 9801409.

No. 01-0519/AR. U.S. v. Edwin R. PALAGAR. CCA 9900781.

No. 01-0520/CG. U.S. v. Sean M. TARDIF. CCA 1141.

No. 01-0521/MC. U.S. v. Kelvin HARGROVE. CCA 99-0667.

No. 01-0522/AF. U.S. v. Kamau A. DAVIS. CCA S29680.

No. 01-0523/AF. U.S. v. Michael D. HALDIE. CCA 33799.

No. 01-0524/AF. U.S. v. Trinessa A. JONES. CCA S29925.

No. 01-0525/AF. U.S. v. Curtis KEKOA, III. CCA 33907.

INTERLOCUTORY ORDERS

No. 00-0679/AR. U.S. v. Jermain J. BEST. CCA 9701222. On consideration of the response to the order of the Court dated November 21, 2000, it is ordered that so much of the order of the Court dated November 21, 2000, which stayed the proceedings is hereby vacated; and that appellate defense counsel shall file a supplement to the petition for grant of review on or before June 13, 2001.

No. 01-0403/AF. U.S. v. Barry V. O’CONNOR. CCA 33671. Appellant's motion to submit document granted.

No. 01-0438/MC. U.S. v. Richard L. LARSON. CCA 200001498. 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. 01-150
Friday, May 11, 2001

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 01-0348/MC. U.S. v. Maurice SITTINGBEAR. CCA 98-1885. Appellant's motions to attach and to withdraw petition for grant of review granted.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0516/AF. U.S. v. Richard E. JOHN. CCA 34024.

INTERLOCUTORY ORDERS

No. 00-0384/AR. U.S. v. Willie J. WILLIAMSON, Jr. CCA 9702022. Appellee's motion to admit government appellate exhibit A granted.

No. 00-0615/AF. U.S. v. Steven E. DENT. CCA 33138. Appellant's motions to stay this Court’s decision on the petition for grant of review, to submit documents, and to compel discovery, denied.

SULLIVAN, Judge (dissenting):

Appellant previously averred that his military defense counsel provided him ineffective assistance of counsel and the Court of Criminal Appeals ordered a hearing pursuant to United States v. Dubay, 17 USCMA 147, 37 CMR 411 (1967). He now contends defense counsel at the DuBay hearing failed to disclose his defense counsel’s post-trial mental breakdown some 1 to 2 months after appellant’s court-martial. (R. at 336-83, PE 18). Having discovered it on his own, appellant now requests that this Court compel discovery of his military defense counsel’s medical records dealing with his psychological difficulties.

This case should be treated like United States v. Huberty, 53 MJ 223 (2000), and the requested documents should be submitted to this Court for an in camera inspection. In Huberty, this Court said:

On further consideration of this case, it is ordered that within 30 days of the date of this order, the United States of America, appellee, shall take such action as is necessary to locate and obtain those files in the possession of the United States that relate to medical credentials of Captain Susan Snyder. Upon obtaining such files, appellee shall forthwith provide them to this Court so that an in camera inspection may be made to determine whether information is contained therein that would reasonably support a petition by appellant for a new trial. Id.; see also Huberty, 53 MJ 369 (2000). The same result should obtain in this case unless Huberty
is distinguished or overruled. Staredecisis cannot be ignored.

No. 01-0047/AR. U.S. v. Charles W. SIMPSON. CCA 9700925. Appellant's motions to file appellant's request for extension of time out of time and extension of time to file final brief granted; that appellant shall file a final brief on or before May 25, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0162/AF. U.S. v. Samuel A. MORSE. CCA 33566. Appellant's motion to admit appellate exhibits denied.

No. 01-0240/AF. U.S. v. Antony W. PHILLIPS. CCA 33730. Appellant's motion to submit documents granted.

No. 01-0355/AF. U.S. v. Annette L. TUCKER. CCA 33664. Appellant's motion to submit documents denied as to exhibts 1 through 8 and 10 but granted as to exhibits 9 and 11 as they were filed before the United States Air Force Court of Criminal Appeals.

No. 01-0395/AR. U.S. v. Earl M. CAPERS, Jr. CCA 20000089.

Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 01-0396/AR. U.S. v. Rafael A. GONZALEZ. CCA 9701146.

Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 01-0434/NA. U.S. v. Kelton L. GOODE. CCA 9800383. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 11, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-149
Thursday, May 10, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0515/AR. U.S. v. Darion J. TAYLOR. CCA 9900872.

INTERLOCUTORY ORDERS

No. 01-0316/AR. U.S. v. Warren P. COLBERT. CCA 20000129. Appellant's motion to correct matters pursuant to United States v. Grostefon granted.

No. 01-0317/NA. U.S. v. Randy J. GIZARA. CCA 00-0187. Appellant's second motion to extend time to file supplement to petition for grant of review granted to June 6, 2001.

No. 01-0318/AR. U.S. v. Jason F. KOLODJAY. CCA 9700389. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including May 21, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0435/NA. U.S. v. Ronald E. JAMES. CCA 98-2036. Appellant's motion to attach granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-148
Wednesday, May 09, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0512/AF. U.S. v. Daniel F. SCULL. CCA 34161.

No. 01-0513/AR. U.S. v. Jason J. PECHON. CCA 2000591.

No. 01-0514/AR. U.S. v. Matthew P. COTTMAN, Jr. CCA 9900271.

INTERLOCUTORY ORDERS

No. 01-0380/AR. U.S. v. Damian L. GOSCH. CCA 20000530. Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 01-0426/AR. U.S. v. Edward A. HUMPHERYS. CCA 9800141. Appellant's motion to extend time to file supplement to petition for grant of review granted to May 23, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-147
Tuesday, May 08, 2001

APPEALS - SUMMARY DISPOSITIONS

No. 01-0003/AR. U.S. v. Stacy L. GREEN. CCA 9800991. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals in light of United States v. Rush, 54 MJ 313 (2001), it is ordered that the petition is granted on Issue VI, modified as follows:

WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE FAILED TO INSTRUCT THE MEMBERS THAT A PUNITIVE DISCHARGE IS AN INERADICABLE STIGMA.
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. 01-0003/AR. U.S. v. Stacy L. GREEN. CCA 9800991. [See also APPEALS – SUMMARY DISPOSITION this date.]

INTERLOCUTORY ORDERS

No. 01-0289/AR. U.S. v. Anson D. BENTON. CCA 9800862. Appellant's motion for leave to correct errata granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-146
Monday, May 07, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0506/AR. U.S. v. Donald E. REED, Jr. CCA 9702057.

No. 01-0507/AF. U.S. v. Wesley A. DANSBY. CCA S29882.

No. 01-0508/AF. U.S. v. Daniel P. GARCIA. CCA S29792.

No. 01-0509/AF. U.S. v. Richard W. MOORE, II. CCA 34381.

No. 01-0510/AF. U.S. v. Yvette G. LOGAN. CCA 34227.

No. 01-0511/MC. U.S. v. Raymond B. HADSALL. CCA 200000326.

INTERLOCUTORY ORDERS

No. 01-0322/AR. U.S. v. Selwyn S. HAWTHORNE. CCA 9800209. Appellant's motion to file index to supplement to petition for grant of review granted.

No. 01-0376/AR. U.S. v. Shante I. FORD. CCA 9900383. Appellant's motion to extend time to file supplement to petition for grant of review granted to May 14, 2001.

No. 01-0385/NA. U.S. v. Michael D. WALSER. CCA 9900057. Appellant's motion to extend time to file supplement to petition for grant of review granted to May 30, 2001.

No. 01-0411/AR. U.S. v. Jeffrey L. JONES. CCA 9900483. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 4, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-145
Friday, May 04, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0011/AR. U.S. v. Pedro CHAPA, III. CCA 9801043. Review granted on the following issue raised by appellate defense counsel:

WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED IN DENYING APPELLANT DAY FOR DAY ADMINISTRATIVE CREDIT FOR THE GOVERNMENT'S FAILURE TO FOLLOW THE PROCEDURAL REQUIREMENTS UNDER R.C.M. 305.
and the following issue specified by the Court: IF THE COURT ERRED, WHAT RELIEF, IF ANY, CAN BE GRANTED AT THIS STAGE?
PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0049/AR. U.S. v. Terrence C. HERNDON. CCA 9800600.*/

No. 01-0502/AF. U.S. v. Thomas A. POWELL. CCA 34217.

No. 01-0503/AF. U.S. v. Christopher R. GILBRIDE. CCA 33724.

No. 01-0504/AF. U.S. v. James E. ELASH. CCA 33917.

No. 01-0505/AR. U.S. v. Jose E. REYES-RIVERA. CCA 20000079.

MANDATES ISSUED

No. 00-0516/AR. U.S. v. Neftali RIVERANIEVES. CCA 9701655.

No. 00-6002/AF. U.S. v. John T. BALDWIN. CCA 2000-02.
_____

*/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-144
Thursday, May 03, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0501/AR. U.S. v. Bering D. REECE. CCA 9900753.

INTERLOCUTORY ORDERS

No. 01-0377/AR. U.S. v. Laron M. McGHEE. CCA 9900600. Appellant's motion to extend time to file supplement to petition for grant of review granted to May 30, 2001.

No. 01-0386/AR. U.S. v. Ina J. GUYTON-BHATT. CCA 9800418. Appellant's motion to extend time to file supplement to petition for grant of review granted to May 30, 2001.

No. 01-0408/AR. U.S. v. David A. BRACEY. CCA 9900298. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 4, 2001.

No. 01-0425/AR. U.S. v. Willie S. STEED. CCA 20000665. 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 case and docketed under Docket No. 01-0501/AR on May 2, 2001, it appears that said petition was a duplication of a petition filed in an earlier case and was inadvertently given a new docket number. Accordingly, it is ordered that Docket No. 01-0501/AR issued on May 2, 2001, be rescinded in this case; that Docket No. 01-0425/AR be substituted and used on all future documents filed in this case; and that Docket No. 01-0501/AR be reassigned in due course to a new case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-143
Wednesday, May 02, 2001

APPEALS - SUMMARY DISPOSITIONS

No. 99-0902/AF. U.S. v. Della C. VOGLE. CCA S29646. 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, dated February 8, 2001, 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. 01-0211/MC. U.S. v. Kenneth W. GODDARD. CCA 95-01179. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, said petition is hereby granted and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0211/MC. U.S. v. Kenneth W. GODDARD. CCA 95-01179. [See also APPEALS - SUMMARY DISPOSITIONS this date.]

No. 99-0902/AF. U.S. v. Della C. VOGLE. CCA S29646. [See also APPEALS - SUMMARY DISPOSITIONS this date.]

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0499/MC. U.S. v. Gregory D. KROGER. CCA 200001437.

No. 01-0500/NA. U.S. v. Hubert E. LAWS. CCA 200000442.

No. 01-0501/AR. U.S. v. Willie S. STEED. CCA 20000665.

INTERLOCUTORY ORDERS

No. 01-0295/AR. U.S. v. John S. STONEMAN. CCA 9800137. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including May 17, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.

No. 01-0387/NA. U.S. v. Toro KHAMSOUK. CCA 9900711. Appellant's motion to extend time to file supplement to petition for grant of review granted to May 14, 2001.

No. 01-0407/MC. U.S. v. Daniel R. ALLEN. CCA 99-1172. Appellant's motion to extend time to file supplement to petition for grant of review granted to May 16, 2001.

No. 01-0416/MC. U.S. v. Marcus SIRIOTIS. CCA 200001206.
Appellant's motion to withdraw the motion to withdraw the petition for grant of review granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-142
Tuesday, May 01, 2001

HEARINGS

No. 01-0056/AR. U.S. v. Tracie D. STRINGER. CCA 9900211. */

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0498/MC. U.S. v. John R. WAITS. CCA 200001674.
_____

*/ Hearing held at The United States Military Academy, West Point, New York, as part of the Court’s "Project Outreach" Program.


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