PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0206/AR. U.S. v. Charles W. STONE. CCA 9900401.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-077
Wednesday, January 29, 2003
ORDERS GRANTING PETITION FOR REVIEW
No. 02-0931/AR. U.S. v. David H. DONALDSON. CCA 9900544. Review granted on the following issue:
No. 03-0205/AR. U.S. v. Marvin D. KING. CCA 20010899.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-076
Tuesday, January 28, 2003
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0200/AR. U.S. v. Brett A. FOGARTY. CCA 20010103.
No. 03-0201/AR. U.S. v. Lloyd K. O’ROURKE. CCA 9900492.
No. 03-0202/NA. U.S. v. Kelvin B. WOODARD. CCA 200000991.
No. 03-0203/NA. U.S. v. Jason M. CAPRIGLIONE. CCA 200201221.
No. 03-0204/NA. U.S. v. Vincent A. MORGAN. CCA 200101888.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-075
Monday, January 27, 2003
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0199/AR. U.S. v. Theodore A. KELLY, III. CCA 20020558.
INTERLOCUTORY ORDERS
No. 02-0949/AR. U.S. v. Gregory G. RORIE. CCA 20000964. Appellant's motion to admit defense appellate exhibits A, B, & C granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-074
Friday, January 24, 2003
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0071/AF. U.S. v. Joseph W. LEE. CCA S29894. Review granted on the following issue:
No. 03-0070/AF. U.S. v. Wesley R. LAWRENCE. CCA 34600.
No. 03-0089/NA. U.S. v. Christian W. CAUDLE. CCA 200201259.
No. 03-0103/AR. U.S. v. Eddie O. WILLIAMS III. CCA 20001000.
No. 03-0104/AR. U.S. v. Matthew F. WALTERS. CCA 20010526.
No. 03-0112/AR. U.S. v. Jason G. SCOTT. CCA 20010776.
No. 03-0113/AR. U.S. v. Shan L. PHOENIX Jr. CCA 20010977.
No. 03-0118/AR. U.S. v. David C. LONG. CCA 20020530.
No. 03-0120/AR. U.S. v. Shamark R. ANDREWS. CCA 20000979.
No. 03-0124/MC. U.S. v. Timothy M. MOSES. CCA 200201192.
No. 03-0125/MC. U.S. v. Anthony VELEZFRAGUADA. CCA 200200918.
PETITIONS FOR GRANT OF REVIEW FILED
No. 02-0457/AR. U.S. v. Brian P. ADAMS. CCA 20000431.
No. 03-0196/AF. U.S. v. Orlando JOHNSON III. CCA 34584.
No. 03-0197/AF. U.S. v. Lisa M. PADILLA. CCA S30085.
No. 03-0198/AF. U.S. v. Sammy D. ROWE Jr. CCA 34776.
INTERLOCUTORY ORDERS
No. 01-0664/AR. U.S. v. Dennis P. COLLINS. CCA 9900937. On consideration of Appellee’s request to unseal ex parte defense appellate exhibits and to compel an unredacted copy of Defense Appellate Exhibit F, it is ordered that within 30 days of the date of this order, Appellee will file a brief on the following issue:
No. 03-0136/AR. U.S. v. Calvin N. GLOVER. CCA 9901132. Appellant's second motion to extend time to file supplement to petition for grant of review granted up to and including February 10, 2003; and 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. 03-073
Thursday, January 23, 2003
MISCELLANEOUS DOCKET – SUMMARY DISPOSITIONS
Misc. No. 03-8003/NA. United States, Appellee, v. Peter J. SHADWELL, Appellant. CCA 200201644. The writ-appeal petition is granted and Appellant’s motion for stay of proceedings is denied. The decision of the United States Navy-Marine Corps Court of Criminal Appeals is reversed and set aside and the case is returned to the trial judge for a hearing pursuant to United States v. Davis, 3 M.J. 430 (C.M.A. 1977). Thereafter, the trial judge shall make findings of fact and enter conclusions of law as to whether the Appellant desires to waive any conflict of interest as to the representation by defense counsel. If the Appellant desires to waive such a conflict of interest, the trial judge shall further rule whether the other circumstances pertaining in this case preclude Appellant’s selection of counsel.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-072
Wednesday, January 22, 2003
ORDERS GRANTING PETITION FOR REVIEW
No. 03-6002/AR. U.S. v. Keith R. BREVARD Sr. CCA 20020711. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, said petition is granted on the following issues:
II. WHETHER THE ARMY COURT OF CRIMINAL APPEALS USURPED ITS AUTHORITY UNDER ARTICLE 62 AND APPLIED AN IMPROPER STANDARD OF REVIEW BY CONDUCTING A DE NOVO REVIEW OF A PERIPHERAL FACTUAL QUESTION.
III. WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED WHEN IT FOUND THAT THE MILITARY JUDGE ERRED AS A MATTER OF LAW IN GRANTING APPELLANT’S MOTION TO DISMISS AS APPELLANT’S SPEEDY TRIAL RIGHTS UNDER ARTICLE 10 OF THE UNIFORM CODE OF MILITARY JUSTICE WERE VIOLATED.
IV. WHETHER THE ARMY COURT OF CRIMINAL APPEALS EXCEEDED THE SCOPE OF ITS REVIEW UNDER ARTICLE 62 BY PREEMPTIVELY LIMITING THE PRESIDING MILITARY JUDGE’S OPTIONS UPON REMAND TO EITHER SETTING ASIDE THE ABATEMENT OF THE ORIGINAL PROCEEDINGS BY ANOTHER MILITARY JUDGE, UNAPPEALED BY THE GOVERNMENT, OR ALLOWING THE GOVERNMENT TO PROCEED WITH A CHARGE OF ATTEMPTED FRAUDULENT SEPARATION, WHEN THE PRESIDING MILITARY JUDGE SPECIFICALLY RESERVED RULING ON WHETHER THE PRETRIAL DELAYS IN THIS CASE ALSO VIOLATED APPELLANT’S SPEEDY TRIAL RIGHTS UNDER RULE FOR COURTS-MARTIAL 707.
No. 03-0189/AR. U.S. v. Marlin K. THOMPSON. CCA 20020032.
No. 03-0190/AR. U.S. v. Frank C. JIMENEZ. CCA 20010918.
No. 03-0191/AR. U.S. v. Anthony J. WALLACE. CCA 20020328.
No. 03-0192/AR. U.S. v. Jason L. HALE. CCA 20011169.
No. 03-0193/AR. U.S. v. Johnnie L. JENKINS. CCA 20000831.
No. 03-0194/AR. U.S. v. Keshaun CHARLES. CCA 20001053.
No. 03-0195/AR. U.S. v. Darrell R. SMITH. CCA 20010589.
INTERLOCUTORY ORDERS
No. 03-6002/AR. U.S. v. Keith R. BREVARD Sr. CCA 20020711. Appellant’s motion to file additional information granted.
MANDATES ISSUED
No. 02-0264/AF. U.S. v. Aaron J. GUDMUNDSON. CCA S29944.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-071
Tuesday, January 21, 2003
PETITIONS FOR GRANT OF REVIEW – OTHER SUMMARY DISPOSITIONS
No. 03-0088/NA. U.S. v. Jeremy M. JOHNSON.
CCA 200200504.
On consideration of the petition for grant
of review of the decision of the U.S. Navy-Marine Corps Court of Criminal
Appeals in the above-entitled case, we find a number of irregularities
in the original record. First, the page memorializing the service of the
record on appellant (as he requested) reflects that it memorializes the
service of the record of trial in the case of a Seaman Cox. Next, at page
2 of the original record of trial, the trial counsel announced that Commander
G. R. Schaff was the military judge. This opening session proceeded through
arraignment, and a continuance was granted by the military judge. When
the trial reopened, the substituted trial counsel announced that the military
judge at the prior session of the trial was Commander R. B. Wities. Moreover,
the authentication page relates that it authenticates the record of trial
of Gunner's Mate Seaman Recruit Mowery, not that of appellant's trial.
Finally, that authentication is signed only by Commander Schaff.
We have several concerns about the original record as it is before us. First, if Commander Wities did preside over the initial session, the record does not accurately reflect the proceedings, and that that portion of the record is not authenticated. Second, the improper authentication page coupled with the other apparent inaccuracies in the record and the improper recording of the service of the record lead us to conclude that the original record is not "ripe for review by this Court." SeeUnited States v. Wheelus, 49 M.J. 283, 289 (C.A.A.F. 1998).
Because these issues require fact-finding, we believe that they should be resolved by the Court of Criminal Appeals which has specific fact-finding powers. Compare Uniform Code of Military Justice, Article 66, 10 USC § 866, with Article 67a, UCMJ, 10 USC § 867(a). Accordingly, it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.
The record of trial is returned to Judge Advocate General of the Navy for resubmission to the U.S. Navy-Marine Corps Court of Criminal Appeals for review under Article 66, UCMJ. Following these proceedings, Article 67(a), UCMJ, 10 USC § 867(a), will apply.
PETITIONS FOR GRANT OF REVIEW FILED
No. 97-0299/NA. U.S. v. Jorge L. RODRIGUEZ. CCA 95-0776.*/
No. 03-0184/CG. U.S. v. Joshua D. NEASE. CCA 1166.
No. 03-0185/AR. U.S. v. Joe V. ANDERSEN. CCA 20010666.
No. 03-0186/AR. U.S. v. Angel R. DeJESUS. CCA 20000277.
No. 03-0187/AR. U.S. v. Michael D. KEPNER, Jr. CCA 20011072.
No. 03-0188/AR. U.S. v. Donald E. BROWN. CCA 9901052.
__________
*/ Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-070
Friday, January 17, 2003
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0467/AF. U.S. v. Jonathan A. CAMPBELL. CCA 33647.*/
No. 03-0181/AF. U.S. v. Christina M. CAMPBELL. CCA S30111.
No. 03-0182/AF. U.S. v. Hays J. GRAPPERHAUS. CCA S30148.
No. 03-0183/AF. U.S. v. Jessica F. PRICE. CCA S30131.
INTERLOCUTORY ORDERS
No. 02-0603/AR. U.S. v. Michael A. PAULING. CCA 9700685. Appellee's motion for leave to file out of time the index to the answer to the petition for grant of review granted.
No. 03-0022/AF. U.S. v. Julian LATORRE. CCA 34670. Motion filed by Colonel Beverly B. Knott for leave to withdraw as counsel granted.
No. 03-0151/MC. U.S. v. Fernando GARCIA. CCA 9901513. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 21, 2003.
No. 03-0152/NA. U.S. v. Thomas W. DOWTY. CCA 9901701. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 11, 2003.
________
*/ Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-069
Thursday, January 16, 2003
ORDERS GRANTING PETITION FOR REVIEW
No. 02-0876/AR. U.S. v. Dennis MCMAHON. CCA 9901020. Review granted on the following issues:
II. WHETHER THE MILITARY JUDGE ERRED WHEN SHE FOUND THE GOVERNMENT WOULD HAVE INEVITABLY DISCOVERED THE EVIDENCE STOWED IN APPELLANT'S HOME AND STORAGE AREA.
III. WHETHER THE MILITARY JUDGE ABUSED HER DISCRETION WHEN SHE DENIED APPELLANT'S MOTION TO SUPPRESS EVIDENCE FOUND BY THE CID AGENTS; EVIDENCE WHICH WAS OUTSIDE THE SCOPE OF THE MILITARY MAGISTRATE'S SEARCH AUTHORIZATION.
No. 02-0857/MC. U.S. v. Kirk A. MCDANIEL. CCA 9801694.
No. 02-0946/AR. U.S. v. Larry A. FRAKE. CCA 9900915.
No. 03-0037/AF. U.S. v. Michael A. GARRETT. CCA S30095.
No. 03-0049/AF. U.S. v. Scott H. HENDERSON. CCA 34804.
No. 03-0080/MC. U.S. v. Peter QUINTERO Jr. CCA 200200586.
No. 03-0101/MC. U.S. v. Ryan V. MEYERS. CCA 200100973.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0180/AR. U.S. v. Robert P. YBARRA. CCA 20010953.
INTERLOCUTORY ORDERS
No. 03-0142/NA. U.S. v. Richard S. WIBLE. CCA 9901603. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 18, 2003.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-068
Wednesday, January 15, 2003
PETITIONS FOR GRANT OF REVIEW DENIED
No. 03-0051/AR. U.S. v. Abdurrasheed S. MUHAMMAD. CCA 20010215.
No. 03-0054/MC. U.S. v. Philip J. HANLEY. CCA 200101538.
No. 03-0077/AR. U.S. v. Eric L. WOMER. CCA 20010851.
No. 03-0079/AR. U.S. v. Carlos M. CORDOVA. CCA 20010936.
No. 03-0081/NA. U.S. v. Luther A. GRANT. CCA 200201137.
No. 03-0082/AR. U.S. v. Joviaire YARBRO. CCA 20010519.
No. 03-0090/NA. U.S. v. William V. LILLICH. CCA 200101237.
No. 03-0100/AR. U.S. v. Lionell DOMINICCI-VEGA. CCA 20010979.
No. 03-0102/AR. U.S. v. Dearco D. MCCRAY. CCA 20010306.
No. 03-0107/AF. U.S. v. Robert J. GLICK. CCA 35184.
No. 03-0110/AF. U.S. v. John E. LEVEILLE. CCA 35063.
No. 03-0114/AF. U.S. v. Nikolas O. PABON. CCA 35175.
No. 03-0116/AF. U.S. v. Richard R. BOOTH. CCA 34780.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0178/MC. U.S. v. David L. SHOCK. CCA 200101726.
No. 03-0179/MC. U.S. v. Larry A. OLIVER. CCA 200000661.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-067
Tuesday, January 14, 2003
APPEALS - SUMMARY DISPOSITIONS
No. 02-0554/AF. U.S. v. Michael L. MCMILLON. CCA 34518. On further consideration of the above-entitled case, we note that under United States v. Pierce, 27 M.J. 367, 369 (C.M.A. 1989), an accused must be given complete credit for any nonjudicial punishment previously imposed for the same offense. In United States v. Gammons, 51 M.J. 169, 184 (C.A.A.F. 1999), we stated that "[i]n a judge-alone trial . . . the military judge will state on the record the specific credit awarded for the prior punishment." If it is unclear from the record whether the military judge awarded the required credit, one of two actions must be taken: (1) order the military judge to state whether the credit was applied, and if so, to explain how it was applied; or (2) adjust appellant’s sentence to assure that he was not punished twice. Pierce, 27 M.J. at 370.
In the present case, the military judge and the court below did not follow these procedural requirements. As a result, the record does not establish that appellant received complete sentence credit under Pierce. Accordingly, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is set aside; and that the record of trial be returned to the Judge Advocate General of the Air Force for remand to the convening authority to apply complete credit against appellant’s court-martial sentence for the nonjudicial punishment he received pursuant to Article 15, Uniform Code of Military Justice, 10 U.S.C. § 815 (2002).
ORDERS GRANTING PETITION FOR REVIEW
No. 00-0327/NA. U.S. v. Miguel E. INONG. CCA 9801667. Review granted on the following issues:
II. WHETHER THE LOWER COURT ERRED IN FINDING THAT APPELLANT AFFIRMATIVELY WAIVED THE ISSUE OF ILLEGAL PRETRIAL PUNISHMENT.
No. 02-0881/AR. U.S. v. Nathan H. WHEELER. CCA 9801366.
No. 02-0895/AR. U.S. v. Rochester THOMAS. CCA 9800139.
No. 02-0945/AF. U.S. v. Kamali A. SALCEDO. CCA 34651.
No. 02-0947/AR. U.S. v. David A. TODD. CCA 9800458.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0176/AR. U.S. v. Lenny A. DIAZ-HERNANDEZ. CCA 20010310.
No. 03-0177/AR. U.S. v. Sara A. STANGE. CCA 20010698.
INTERLOCUTORY ORDERS
No. 03-0136/AR. U.S. v. Calvin N. GLOVER. CCA 9901132. Appellant's motion to extend time to file supplement to petition for grant of review granted to January 21, 2003.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-066
Monday, January 13, 2003
PETITIONS FOR GRANT OF REVIEW DENIED
No. 02-0934/NA. U.S. v. Jermaine D. BLACKWELL. CCA 200100076.
No. 03-0028/MC. U.S. v. John S. RAWLINGS. CCA 200200447.
No. 03-0046/AR. U.S. v. Jason D. GIBSON. CCA 20010825.
No. 03-0055/NA. U.S. v. Kinshasa G. BOBB. CCA 200200483.
No. 03-0056/MC. U.S. v. Sean M. WILLIAMS. CCA 200200783.
No. 03-0066/AR. U.S. v. Ernest R. MARTIN. CCA 20020029.
No. 03-0067/NA. U.S. v. Naytos C. DAVIS. CCA 200001233.
No. 03-0073/AF. U.S. v. Terence E. ROBERTSON. CCA 34548.
No. 03-0075/AR. U.S. v. Nathaniel L. EDWARDS III. CCA 20020021.
No. 03-0078/MC. U.S. v. Elizabeth A. RISER. CCA 200200013.
No. 03-0085/AF. U.S. v. Christopher B. DURBIN. CCA S30104.
No. 03-0095/AR. U.S. v. Reynaldo DOMINGUEZ III. CCA 20010975.
No. 03-0098/MC. U.S. v. Donald A. HOY. CCA 200201262.
No. 03-0108/MC. U.S. v. William H. BETHEL. CCA 200200356.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0169/AR. U.S. v. Gabriel R. LUJAN. CCA 9901149.
No. 03-0170/AR. U.S. v. Stanley D. THOMAS. CCA 20011116.
No. 03-0171/AR. U.S. v. Michael J. EDWARDS. CCA 20010454.
No. 03-0172/NA. U.S. v. Aaron D. LAND. CCA 200201515.
No. 03-0173/AF. U.S. v. Alphonso C. PALMER. CCA 34379.
No. 03-0174/AF. U.S. v. Lamont A. MANN. CCA S30022.
No. 03-0175/AF. U.S. v. Rebecca G. ROOKEY. CCA 34850.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-065
Friday, January 10, 2003
ORDERS GRANTING PETITION FOR REVIEW
No. 02-0334/AR. U.S. v. Michael L. BAKER. CCA 9800743. Review granted on the following specified issues:
II. WHETHER THE MILITARY JUDGE ERRED BY FAILING TO DETERMINE WHETHER THERE WAS A FACTUAL BASIS FOR DEFENSE COUNSELS’ BELIEF APPELLANT WOULD TESTIFY FALSELY BEFORE DEPRIVING APPELLANT OF HIS RIGHT TO COUNSEL DURING HIS TESTIFYING ON THE MERITS?
III. WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN TRIAL COUNSEL REMAINED HIS COUNSEL DURING POST-TRIAL PROCEEDINGS AFTER APPELLANT IN HIS CLEMENCY PETITION ASSERTED THAT HIS COUNSEL HAD ABANDONED HIM DURING THE TRIAL?
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0274/AR. U.S. v. Gary F. ALFORD. CCA 9701367.
No. 03-0007/AR. U.S. v. Essex V. DEBERRY. CCA 9900722.
No. 03-0008/AR. U.S. v. Juan Y. BOWIE. CCA 20010540.
No. 03-0011/AR. U.S. v. Jasen E. BEEMER. CCA 9900989.
No. 03-0015/AR. U.S. v. Jeremy L. BRITTENUM. CCA 9800602.
No. 03-0045/AR. U.S. v. Insley D. EVANS. CCA 20001106.
No. 03-0047/AR. U.S. v. Adam BOWLES. CCA 20020089.
No. 03-0057/AR. U.S. v. Richard GALLOZA. CCA 20000294.
No. 03-0060/AR. U.S. v. Ricky D. FERGUSON. CCA 20010455.
No. 03-0061/AR. U.S. v. Dylan C. MARTIN. CCA 9801625.
No. 03-0068/AR. U.S. v. Robert L. KORNEGAY Jr. CCA 20010078.
No. 03-0069/AR. U.S. v. Joseph J. MAZZULLO. CCA 20000629.
No. 03-0076/AR. U.S. v. Troy A. CARTER. CCA 9901174.
No. 03-0094/AR. U.S. v. Rachel WELLINGTON. CCA 20011024.
No. 03-0096/AR. U.S. v. Julio R. JARAMILLO. CCA 20000604.
INTERLOCUTORY ORDERS
No. 02-0498/AF. U.S. v. Daryl A. HAMMER. CCA 33663. Appellant's motion to extend time to file final brief granted, but only up to and including January 24, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 02-0617/AR. U.S. v. Martin C. DUNCAN II. CCA 20010182. Appellant's motion to extend time to file final brief granted to March 3, 2003.
No. 03-0072/AF. U.S. v. Joshua P. LOVETT. CCA 33947. Appellant's motion to submit documents in support of Grostefon argument denied.
No. 03-0119/AR. U.S. v. Joshua F. SINNARD. CCA 20000494. Appellant's motion to file supplement to petition for grant of review out of time granted.
No. 03-0123/MC. U.S. v. Jason E. FLENNIKEN. CCA 200201338. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 3, 2003.
No. 03-0140/AR. U.S. v. Tyrone MCFADDEN. CCA 9801671. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 14, 2003.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-064
Thursday, January 09, 2003
APPEALS - SUMMARY DISPOSITIONS
No. 02-0239/AF. U.S. v. Toby S. WHELCHEL. CCA 33887. 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. 02-0261/AF. U.S. v. James E. DAWSON. CCA 33757. 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. 02-0271/AF. U.S. v. Christopher A. RENDON. CCA 34306. On further consideration of the granted issue in light of United States v. Washington, 57 M.J. 394 (C.A.A.F. 2002), and United States v. Sills, 56 M.J. 239 (C.A.A.F. 2002), we conclude that the decision of the lower court was based on correct standards of review contained in United States v. Turner, 25 M.J. 324 (C.M.A. 1987). Accordingly, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.
No. 02-0272/AF. U.S. v. Chez D. ZABALA. CCA 34070. On further consideration of the granted issue in light of United States v. Washington, 57 M.J. 394 (C.A.A.F. 2002), and United States v. Sills, 56 M.J. 239 (C.A.A.F. 2002), we conclude that the decision of the lower court was based on correct standards of review contained in United States v. Turner, 25 M.J. 324 (C.M.A. 1987). Accordingly, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.
No. 02-0311/AF. U.S. v. Jamie L. ANDROL. CCA 34361. 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. 02-0385/AF. U.S. v. Lyndon M. GOPIE. CCA 34707. 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. 02-0391/AF. U.S. v. John M. STALLENS III. CCA 34203. 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. 02-0400/AF. U.S. v. Donald A. CALEF Jr. CCA 34163. 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. 02-0430/AF. U.S. v. Joshua A. BOBINSKI. CCA 34357. 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. 02-0533/AF. U.S. v. Robert K. WHITE. CCA 34115. 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. 02-0578/AF. U.S. v. James A. MILLS. CCA 34673. 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. 02-0581/AF. U.S. v. Vincent L. FILIPKOWSKI. CCA 34056. 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. 02-0628/AF. U.S. v. Randall J. WOOD. CCA 34735. On further consideration of the granted issue in light of United States v. Washington, 57 M.J. 394 (C.A.A.F. 2002), and United States v. Sills, 56 M.J. 239 (C.A.A.F. 2002), we conclude that the decision of the lower court was based on correct standards of review contained in United States v. Turner, 25 M.J. 324 (C.M.A. 1987). Accordingly, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.
No. 02-0673/AF. U.S. v. Ashley E. TATMAN. CCA 34750. On further consideration of the granted issue in light of United States v. Washington, 57 M.J. 394 (C.A.A.F. 2002), and United States v. Sills, 56 M.J. 239 (C.A.A.F. 2002), we conclude that the decision of the lower court was based on correct standards of review contained in United States v. Turner, 25 M.J. 324 (C.M.A. 1987). Accordingly, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.
No. 02-0835/AF. U.S. v. Dave A. BERRY. CCA 34922. 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.]
ORDERS GRANTING PETITION FOR REVIEW
No. 02-0239/AF. U.S. v. Toby S. WHELCHEL. CCA 33887. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 02-0261/AF. U.S. v. James E. DAWSON. CCA 33757. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 02-0311/AF. U.S. v. Jamie L. ANDROL. CCA 34361. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 02-0385/AF. U.S. v. Lyndon M. GOPIE. CCA 34707. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 02-0391/AF. U.S. v. John M. STALLENS III. CCA 34203. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 02-0400/AF. U.S. v. Donald A. CALEF Jr. CCA 34163. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 02-0430/AF. U.S. v. Joshua A. BOBINSKI. CCA 34357. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 02-0533/AF. U.S. v. Robert K. WHITE. CCA 34115. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 02-0578/AF. U.S. v. James A. MILLS. CCA 34673. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 02-0581/AF. U.S. v. Vincent L. FILIPKOWSKI. CCA 34056. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 02-0835/AF. U.S. v. Dave A. BERRY. CCA 34922. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-063
Wednesday, January 08, 2003
HEARINGS
No. 01-0653/AF. U.S. v. Christopher T. MILES. CCA 34094.
No. 02-0449/AF. U.S. v. Matthew J. MILLER. CCA 34031.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 02-0789/AR. U.S. v. Willie J. CURRY Jr. CCA 20000511.
PETITIONS FOR GRANT OF REVIEW FILED
No. 98-0270/AR. U.S. v. Charles F. ROTH. CCA 9600441.*/
No. 01-0712/AR. U.S. v. Robert W. EMMINIZER.
CCA 20000201.*/
________
*/ Second petition filed in both of these cases.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-062
Tuesday, January 07, 2003
APPEALS - SUMMARY DISPOSITIONS
No. 01-0658/AF. U.S. v. Christopher B. WASHINGTON. CCA S29797. On further consideration of the above-captioned case, it is ordered that the decision of the United States Air Force Court of Criminal Appeals of December 13, 2002, is affirmed.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 02-0659/NA. U.S. v. Rene A. TRUJILLO. CCA 91-00502. On consideration of the petition for grant of review and appellant’s motion to attach and motion to file supplement to the petition for grant of review, the petition is dismissed, and the motions are denied as moot.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0163/MC. U.S. v. Gregory L. TRAHAN. CCA 200201163.
No. 03-0164/MC. U.S. v. Jonathan H. IRVING. CCA 200200474.
No. 03-0165/MC. U.S. v. Bernard B. KHOOSHAHR. CCA 200200964.
No. 03-0166/MC. U.S. v. Adrienne N. GAY. CCA 200201110.
No. 03-0167/MC. U.S. v. Carlos MERAZ. CCA 200201455.
No. 03-0168/MC. U.S. v. Cornelius J. RICHARDSON. CCA 200200417.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 03-8002/NA. United States, appellee, v. Joshua R. MCKEEL, appellant. CCA 200202328. Writ-appeal petition is denied without prejudice to appellant’s right to assert the matter raised in the petition during normal appellate review if he is convicted, and appellant’s motion for stay of proceedings is denied.
PETITIONS FOR RECONSIDERATION DENIED
No. 02-0570/AR. United States, appellee, v. Lawrence R. RAGARD, appellant. CCA 98-01508. Appellant’s petition for reconsideration of the order of the Court issued on October 28, 2002, is denied.
INTERLOCUTORY ORDERS
No. 98-0721/NA. U.S. v. Teresa S. MILEY. CCA 9600822. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 18, 2003.
No. 02-0865/MC. U.S. v. Enrique BARRAZAMARTINEZ. CCA 200101575. Appellant's motion to correct errata granted.
No. 03-0022/AF. U.S. v. Julian LATORRE. CCA 34670. Appellant's motion to unseal exhibits granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-061
Monday, January 06, 2003
RETURN OF RECORD FROM COURT OF CRIMINAL APPEALS
No. 00-0301/MC. U.S. v. Glenn E. HURN. CCA 98-0200. The record was returned to the Clerk’s Office in accordance with the earlier decision of this Court, 55 M.J. 446 (C.A.A.F. 2001), and has been referred to the Court for further consideration.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0162/AR. U.S. v. Eric A. ANDREWS. CCA 20020512.
INTERLOCUTORY ORDERS
No. 02-0938/AF. U.S. v. Andrew J. BROZZO. CCA 34542. Appellee's motion to strike all portions of appellant’s brief referencing the testimony of Dr. Naresh C. Jain granted. The appellant is directed to file a corrected brief by January 16, 2003.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-060
Friday, January 03, 2003
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0161/MC. U.S. v. Antonio FLORES. CCA 200201399.
INTERLOCUTORY ORDERS
No. 03-0022/AF. U.S. v. Julian LATORRE. CCA 34670. Appellant's third motion to extend time to file supplement to petition for grant of review granted up to and including January 24, 2003.
No. 03-0121/AR. U.S. v. Ronald L. SMOYER II. CCA 9801599. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 3, 2003.
No. 03-0122/MC. U.S. v. Ramon S. BROWNE. CCA 200101578. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 3, 2003.
No. 03-0126/MC. U.S. v. Branden W. DEWITT. CCA 200200395. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 3, 2003.
No. 03-0127/NA. U.S. v. Monte S. WRIGHT. CCA 200101659. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 3, 2003.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-059
Thursday, January 02, 2003
INTERLOCUTORY ORDERS
No. 03-0048/AR. U.S. v. Jeremy S. TUBBS. CCA 9800889. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including January 10, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0106/AF. U.S. v. Christopher D. WIEST. CCA 33964. Appellant's motion to extend time to file supplement to petition for grant of review granted to January 24, 2003.
No. 03-0111/AR. U.S. v. Micah D. LERCH. CCA 9701764. Appellant's motion to extend time to file supplement to petition for grant of review granted to January 30, 2003.
No. 03-0150/AR. U.S. v. Miguel A. VASQUEZ- CRUZ. CCA 20010360. Appellant's motion to extend time to file supplement to petition for grant of review granted to February 21, 2003.