UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-238
Tuesday, September 30, 2003

APPEALS - SUMMARY DISPOSITIONS

No. 01-0751/MC. U.S. v. Michael D. SHEPPERD. CCA 200100080. 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 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.]

No. 02-0586/AR. U.S. v. William C. HARMS. CCA 9701529. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, said 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.]

No. 03-0406/NA. U.S. v. Daniel C. MAHONEY. CCA 9900147. 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 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. 01-0751/MC. U.S. v. Michael D. SHEPPERD. CCA 200100080. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

No. 02-0586/AR. U.S. v. William C. HARMS. CCA 9701529. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

No. 03-0259/AR. U.S. v. Arthur MASON Jr. CCA 9601811. Review granted on the following issues modified by the Court:

I. WHETHER THE MILITARY JUDGE ERRED IN DENYING THE DEFENSE MOTION TO SUPPRESS BLOOD TEST RESULTS AND RELATED DNA EVIDENCE. (A) WAS THERE A BASIS FOR CONCLUDING THAT PROBABLE CAUSE EXISTED? (B) DID THE AGENTS PROVIDE FALSE AND MISLEADING INFORMATION AND OMIT MATERIAL FACTS WHEN SEEKING THE WARRANT THAT WAS ISSUED TO OBTAIN A SAMPLE OF APPELLANT'S BLOOD?

II. WHETHER THE MILITARY JUDGE ERRED IN OVERRULING THE DEFENSE OBJECTION TO THE GOVERNMENT'S QUESTION TO ITS DNA EXPERT REGARDING WHETHER THE DEFENSE HAD REQUESTED THE EVIDENCE BE RETESTED. DID THIS QUESTION IMPROPERLY SHIFT THE BURDEN TO THE DEFENSE TO PROVE APPELLANT'S INNOCENCE?

And the following issue raised by appellate defense counsel: II. WHETHER THE ARMY COURT ERRED BY HOLDING THAT THE DEFENSE HAD OPENED THE DOOR FOR THE GOVERNMENT'S QUESTION ABOUT DNA RETESTING BY RAISING THE ISSUE OF WHETHER FURTHER TESTING OF THE AVAILABLE DNA MATERIAL FROM THE RAPE COULD HAVE EXONERATED APPELLANT. No. 03-0406/NA. U.S. v. Daniel C. MAHONEY. CCA 9900147. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

No. 03-0454/AF. U.S. v. Raymond M. ALLEN. CCA 34174. Review granted on the following issues:

I. WHETHER APPELLANT'S CONVICTION FOR VIOLATING ARTICLE 125 BY ENGAGING IN CONSENSUAL SODOMY MUST BE SET ASIDE IN LIGHT OF THE UNITED STATES SUPREME COURT'S HOLDING IN LAWRENCE V. TEXAS, 123 S. CT. 2472 (2003).
PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0201/AR. U.S. v. Lloyd K. OROURKE. CCA 9900492.

No. 03-0358/MC. U.S. v. Glenn GREGUS. CCA 200000051.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0694/AR. U.S. v. Darrell L. SHELTON. CCA 9900816.

INTERLOCUTORY ORDERS

No. 03-0647/AR. U.S. v. Ray T. LEAK. CCA 20000356. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 5, 2003.

MANDATES ISSUED

No. 03-0025/AR. U.S. v. Kenji M. MAPES. CCA 9900592.

ANNOUNCEMENT

by the

CLERK OF THE COURT

of the

CUMULATIVE SUMMARY OF

COURT WORKLOAD STATISTICS

FOR THE OCTOBER 2003 TERM OF COURT



I. CUMULATIVE PENDING OCTOBER 1, 2002

Master Docket .............................. 50

Petition Docket ............................ 301

Miscellaneous Docket ....................... 2

TOTAL ...................................... 353
 

II. CUMULATIVE FILINGS

Master Docket .............................. 113

Petition Docket ............................ 694

Miscellaneous Docket ....................... 23

TOTAL ...................................... 830
 

III. CUMULATIVE TERMINATIONS

Master Docket .............................. 114

Petition Docket ............................ 824

Miscellaneous Docket ....................... 21

TOTAL ...................................... 959
 

IV. CUMULATIVE PENDING OCTOBER 1, 2003

Master Docket .............................. 49*/

Petition Docket ............................ 171

Miscellaneous Docket ....................... 4

TOTAL ...................................... 224
 

V. CASES ON MASTER DOCKET CARRIED OVER TO OCTOBER 2004

TERM OF COURT

AWAITING ORAL ARGUMENT OR FINAL DISPOSITION (34)

98-0721/NA - MILEY

02-0603/AR - PAULING

02-0617/AR – DUNCAN II

02-0885/AF - TRAUM

02-0937/AR - PARKER

02-0941/AR – McCRIMMON

02-0944/AF - MARCUM

03-0071/AF - LEE

03-0072/AF - LOVETT

03-0092/AR – HAGUE-CAMPBELL

03-0093/AR - SANTOS

03-0106/AF - WIEST

03-0109/AF - ROBERTS

03-0128/AF - BANKER

03-0139/MC - SMITH

03-0152/NA - DOWTY

03-0173/AF – PALMER

03-0208/AF – HARDEMAN Jr.

03-0212/AR - CAIN

03-0223/AF - DEES

03-0224/AF - IRVIN

03-0255/MC - KITCHEN

03-0256/AR - BOWLEY

03-0270/AF – POLFLIET Jr.

03-0271/AF – SAFERITE Jr.

03-0272/NA - BARTON

03-0279/NA - PINERO

03-0293/AF - MARTENS

03-0336/AF - JACKSON

03-0382/AR - BALDWIN

03-0454/AF - ALLEN

03-5002/AR - FAGAN

03-5003/AR – CHISHOLM

03-5004/CG – TARDIF

AWAITING BRIEFS (15)

97-0051/NA - GILES

97-0299/NA - RODRIGUEZ

00-0559/AF - GILLEY

02-0457/AR - ADAMS

02-5001/CG - HUTCHINSON

03-0151/MC - GARCIA

03-0211/NA - McDONALD

03-0259/AR – MASON Jr.

03-0321/AR - CRAIG

03-0361/AR – THOMPSON

03-0363/MC - HANSEN

03-0369/AR - SIMMONS

03-0470/NA - HENDERSON

03-0557/MC - STRAND

03-5005/CG - HUDSON

___

*/ Comparative Master Docket figures for the past 10 years are: 50 (FY02); 60 (FY01); 70 (FY00); 77 (FY99); 105 (FY98); 289 (FY97); 73 (FY96); 105 (FY95); 119 (FY94); 248 (FY93).


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-237
Monday, September 29, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0693/AR. U.S. v. Thomas J. MONIS. CCA 20020898.

INTERLOCUTORY ORDERS

No. 97-0051/NA. U.S. v. Joie L. GILES. CCA 95-0903. Appellant's motion to extend time to file final brief granted to October 17, 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. 03-236
Friday, September 26, 2003

PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0305/MC. U.S. v. Francisco MENDOZA-VILLALOBOS. CCA 200100970.

No. 03-0306/MC. U.S. v. Kevin J. SIMMS. CCA 200200250.

No. 03-0315/NA. U.S. v. Lynn T. BRUNK. CCA 200001780.

No. 03-0442/MC. U.S. v. Rodriquez G. LEE. CCA 200201012.

No. 03-0451/NA. U.S. v. Christopher R. KAMEL. CCA 200200796.

No. 03-0474/AF. U.S. v. Christian S. CLARK. CCA S30112.

No. 03-0501/AF. U.S. v. Kenneth L. OVERMYER Jr. CCA S30059.

No. 03-0527/MC. U.S. v. Randy E. FINCH. CCA 200001878.

No. 03-0529/MC. U.S. v. John S. POSTIANO. CCA 200201409.

No. 03-0574/AF. U.S. v. Lana K. JURGEL. CCA 35054.

No. 03-0579/AR. U.S. v. Justin F. KRAUS. CCA 20020553.

No. 03-0598/AF. U.S. v. Justin J. RELKIN. CCA S30236.

No. 03-0607/AF. U.S. v. Nicholas W. WOLFER. CCA 35380.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0689/AR. U.S. v. Randy L. KNOFF. CCA 20020285.

No. 03-0690/MC. U.S. v. Brian L. JOHNSON. CCA 200202074.

No. 03-0691/MC. U.S. v. Carson L. ALLEN. CCA 9800849.

No. 03-0692/AF. U.S. v. Gary W. TAYLOR, Jr. CCA 34852.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 03-8020/AF. United States, Appellee, v. Aaron G. POLINARD, Appellant. CCA 2003-03. Writ-appeal petition is denied without prejudice to Appellant’s right to raise the matter asserted in the petition during the course of normal appellate review.

Misc. No. 03-8024/AF. Roddricus B. LEWIS, Petitioner, v. United States, Respondent. Petition for extraordinary relief in the nature of a writ of prohibition denied.

INTERLOCUTORY ORDERS

No. 03-0343/AF. U.S. v. Roddricus B. LEWIS. CCA 35096. Appellant's motion to file a petition for reconsideration out of time denied.

No. 03-0454/AF. U.S. v. Raymond M. ALLEN. CCA 34174. Appellant's motion to file additional issue to the supplement to petition for grant of review granted.

No. 03-0583/NA. U.S. v. Ramoncito FABRA. CCA 200201696. Appellant's motion to file supplement to petition for grant of review out of time, dated September 25, 2003, it is ordered that appellate defense counsel file a motion to file out of time which complies with the requirement of United States v. Ortiz, 24 M.J. 323 (C.M.A. 1987), on or before October 6, 2003.

No. 03-0637/AR. U.S. v. Dalyn L. MORRIS. CCA 20010767. Appellant's motion to attach granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-235
Thursday, September 25, 2003

APPEALS - SUMMARY DISPOSITIONS

No. 00-0295/AF. U.S. v. Michael C. BROWN. CCA 32906. 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 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. 00-0295/AF. U.S. v. Michael C. BROWN. CCA 32906. [See also INTERLOCUTORY ORDERS this date.]

No. 03-0361/AR. U.S. v. David R. THOMPSON. CCA 2000342. Review granted on the following issues:

I. WHETHER THE MILITARY JUDGE ERRED AS A MATTER OF LAW WHEN HE REFUSED TO DISMISS THE CHARGE AND ITS SPECIFICATION AS BEING OUTSIDE THE STATUTE OF LIMITATIONS.

II. WHETHER THE MILITARY JUDGE ERRED AS A MATTER OF LAW WHEN HE REFUSED TO POLL THE MEMBERS AS TO WHETHER IT WOULD BE HELPFUL FOR THEM TO KNOW THE APPROXIMATE DATE THAT THE ALLEGED INDECENT ACT OCCURRED.

III. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE REFUSED TO STRIKE THE PRESIDENT OF THE PANEL AFTER IT WAS REVEALED THAT THE PRESIDENT WAS PASSING NOTES TO A JUNIOR MEMBER THAT DEMONSTRATED THE PRESIDENT'S INHERENT BIAS AGAINST APPELLANT.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0297/NA. U.S. v. Leahatonia BRUNSON. CCA 200001419.

No. 03-0307/NA. U.S. v. Brandon T. BOPP. CCA 200200334.

No. 03-0423/MC. U.S. v. Everett SANSOSIE. CCA 200100845.

No. 03-0455/AF. U.S. v. Bradly S. EARLS. CCA 34840.

No. 03-0496/AF. U.S. v. Joseph A. FRISBEE. CCA 35079.

No. 03-0509/NA. U.S. v. Carole L. CAMACHO. CCA 9900893.

No. 03-0523/MC. U.S. v. Christopher J. DEATER. CCA 200200309.

No. 03-0552/MC. U.S. v. Curt K. VILLAROUEL. CCA 200201995.

No. 03-0553/MC. U.S. v. Michael C. BROWN. CCA 200200422.

No. 03-0572/AF. U.S. v. Kevin J. FORLINO. CCA S30279.

No. 03-0587/AF. U.S. v. Michael D. TONHOFER. CCA 35211.

No. 03-0594/AF. U.S. v. Gehrig A. PEREZ. CCA 35412.

No. 03-0596/AF. U.S. v. Michael D. BURNS. CCA 35205.

No. 03-0600/MC. U.S. v. Orlando CARRERAS. CCA 200100903.

INTERLOCUTORY ORDERS

No. 97-0299/NA. U.S. v. Jorge L. RODRIGUEZ. CCA 95-0776. Appellant's third motion to extend time to file final brief granted up to and including October 3, 2003; and no further extension of time will be granted in this case.

No. 01-0664/AR. U.S. v. Dennis P. COLLINS. CCA 9900937. On consideration of Appellee’s motion to unseal and examine ex parte Defense Appellate Exhibits A, B, and C, and to compel production of an unredacted copy of Defense Appellate Exhibit F, and Appellant’s motions related thereto, it is ordered that the motion to unseal and to compel production is granted. Appellee may review the sealed exhibits and the unredacted copy of the sanity board report on file at this Court. Military Rule of Evidence 302(a) will apply and preclude the use of any statements made by Appellant to the sanity board or evidence derived therefrom in any matter other than in Appellee’s opposition to Appellant’s consolidated petition for grant of review and new trial. See Rule for Courts-Martial 701(g); and Military Rule of Evidence 302(c).

    That Appellant’s motions, with the exception of his motion to file and motion to correct errata, are also granted. The motion to file and motion to correct errata are denied.

    Appellee may file such supplemental pleadings as deemed appropriate and necessary to a full and fair disposition of the issues raised in Appellant’s supplement to the petition for grant of review and petition for new trial on or before October 7, 2003.

    Appellant may file a reply within ten days thereafter.

No. 03-5005/CG. U.S. v. David A. HUDSON. CCA 1159. Appellant's motion to reschedule oral argument denied as moot.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-234
Wednesday, September 24, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0688/NA. U.S. v. Stacie M. SOWELL. CCA 9901777.

INTERLOCUTORY ORDERS

No. 02-0885/AF. U.S. v. Stephanie R. TRAUM. CCA 34225. Appellant's motion for leave to file declaration granted and Appellant's motion for grant of review of supplemental issue denied.

No. 03-8020/AF. U.S. v. Aaron G. POLINARD. CCA 2003-03. Motion filed by Stephen Kennedy, Esquire, to appear pro hac vice granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-233
Tuesday, September 23, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0605/NA. U.S. v. Allen L. DOOLEY. CCA 99-1020.*/

No. 03-0685/AR. U.S. v. Raymond LITTLES. CCA 9900553.

No. 03-0686/AR. U.S. v. Ronald E. DOBBELS. CCA 9900384.

No. 03-0687/AR. U.S. v. Lamar T. MILLER. CCA 20020282.

INTERLOCUTORY ORDERS

No. 02-0944/AF. U.S. v. Eric P. MARCUM. CCA 34216. Motion for leave to file a brief of Amici Curiae and to participate in oral argument, filed by the American Civil Liberties Union, the American Civil Liberties Union of the National Capital Area, the Servicemembers Legal Defense Network, and the Lambda Legal Defense and Education Fund is granted; the brief of amici curiae will be filed by October 2, 2003, and amici curiae will be allotted a total of 15 minutes to submit oral argument.

_____________

*/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-232
Monday, September 22, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 98-0497/NA. U.S. v. Charles W. DAVIS. CCA 9600585.*/

No. 03-0682/AR. U.S. v. Larry J. SLUSS. CCA 20020225.

No. 03-0683/AF. U.S. v. Joshua A. MCCRACKEN. CCA 35441.

No. 03-0684/AF. U.S. v. Dadrien R. HARRISON. CCA 34496.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 03-8025/NA. United States, Appellee, v. Glenn E. HURN, Appellant. CCA 9800200. Writ-appeal petition denied.

INTERLOCUTORY ORDERS

No. 03-0470/NA. U.S. v. Michael J. HENDERSON. CCA 200101752. Appellant's motion for extension of time to file final brief granted up to and including October 3, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 03-0655/MC. U.S. v. Keith W. STROTHER. CCA 200000050. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 9, 2003.

__________

*/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-231
Wednesday, September 17, 2003

PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0387/MC. U.S. v. Darron R. MARKEL. CCA 200102065.

No. 03-0409/MC. U.S. v. Ronald J. SMITH. CCA 81-1879.

No. 03-0449/MC. U.S. v. Robert S. RUIZ, Jr. CCA 200200482.

No. 03-0525/NA. U.S. v. William T. CHAPMAN. CCA 200101152.

No. 03-0526/MC. U.S. v. Cameron J. POLEWSKI. CCA 200200981.

No. 03-0530/MC. U.S. v. Richard J. RITZ. CCA 200202018.

No. 03-0549/AR. U.S. v. Jeremy H. GREEN. CCA 20010446.

No. 03-0550/AF. U.S. v. Ricky GUERRA. CCA 34715.

No. 03-0580/AR. U.S. v. Arthur J. MACLARTY. CCA 20010850.

No. 03-0585/AF. U.S. v. Jason P. REESE. CCA 35259.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0680/AR. U.S. v. Rey Dela Cruz BAGAOISAN. CCA 20030312.

No. 03-0681/AR. U.S. v. Jinglebob H. DAVIS. CCA 20021140.

INTERLOCUTORY ORDERS

No. 97-0299/NA. U.S. v. Jorge L. RODRIGUEZ. CCA 95-0776. Appellant's motion to file brief in excess of fifty pages is granted and Appellant’s second motion to extend time to file final brief is granted, but only up to and including September 23, 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. 03-230
Tuesday, September 16, 2003

APPEALS - SUMMARY DISPOSITIONS

No. 02-0672/MC. U.S. v. Gabriel X. SOLIS. CCA 200101096. 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 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.]

No. 03-0141/AF. U.S. v. Clifford MASON. CCA 34677. On further consideration of Appellant’s petition for grant of review, on further consideration of the issue granted review by this Court on May 21, 2003, and in light of this Court’s decision in United States v. Walters, 58 M.J. 391 (C.A.A.F. 2003), said petition is granted on the following additional issue:

WHETHER THIS HONORABLE COURT SHOULD ORDER A NEW POST-
TRIAL ACTION TO ENSURE THE INTENT OF THE CONVENING
AUTHORITY IS SATISFIED WHILE FULFILLING THE REQUIREMENTS
OF UNITED STATES V. EMMINIZER, 56 M.J. 441 (C.A.A.F. 2002).
That the decision of the United States Air Force Court of Criminal Appeals as to Specification 1 of the Charge and the sentence is reversed, but is affirmed in all other respects. The finding of guilty of Specification 1 of the Charge is set aside, and Specification 1 is dismissed. The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals. That Court may either reassess the sentence based on the affirmed guilty findings or set aside the sentence and order a rehearing on the sentence. In either event, the court shall take such steps as are necessary to ensure that the sentence complies with the requirements of United States v. Emminizer, 56 M.J. 441 (C.A.A.F. 2002).*

* Chief Judge Crawford dissents from that portion of the order relating to Specification 1 of the Charge for the reasons set forth in her separate opinion in United States v. Walters, 58 M.J. 391, 397 (C.A.A.F. 2003).

ORDERS GRANTING PETITION FOR REVIEW

No. 02-0672/MC. U.S. v. Gabriel X. SOLIS. CCA 200101096. [See also APPEALS-SUMMARY DISPOSITION this date.]

No. 03-0557/MC. U.S. v. Michael D. STRAND. CCA 200000275. Review granted on the following issue:

WHETHER THE LOWER COURT ERRED IN HOLDING THAT THE MILITARY JUDGE DID NOT HAVE AN AFFIRMATIVE DUTY TO SUA SPONTE REMOVE THE SENIOR OFFICER OF THE PANEL FOR IMPLIED BIAS BECAUSE HE WAS THE SON OF THE CONVENING AUTHORITY.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0385/MC. U.S. v. Abel R. WENNING. CCA 200100112.

No. 03-0421/MC. U.S. v. Jason B. GROSS. CCA 200000962.

No. 03-0447/MC. U.S. v. Tianda M. NELSON. CCA 200101286.

No. 03-0514/MC. U.S. v. Taurean L. MOSS. CCA 200200905.

No. 03-0524/MC. U.S. v. Jason M. HART. CCA 200201926.

No. 03-0540/AR. U.S. v. Earl P. FRANCIS. CCA 20021206.

No. 03-0547/AR. U.S. v. Donell M. WINCE. CCA 20000938.

No. 03-0608/AF. U.S. v. Timothy L. STEPHENS. CCA 35398.

No. 03-0617/AF. U.S. v. Robby M. BRACKEEN. CCA 35375.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0679/NA. U.S. v. Shawn K. KENNEDY. CCA 200101144.

INTERLOCUTORY ORDERS

No. 03-0152/NA. U.S. v. Thomas W. DOWTY. CCA 9901701. Motion of appellate government counsel to withdraw and notice of appearance of new counsel granted.

No. 03-0279/NA. U.S. v. Jaime J. PINERO. CCA 20011373. Motion of appellate government counsel to withdraw and notice of appearance of new counsel granted.

No. 03-0638/CG. U.S. v. William E. DATZ. CCA 001-69-01. Appellant's motion to extend time to file supplement to petition for grant of review granted to October 24, 2003.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-229
Monday, September 15, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0674/AR. U.S. v. Douglas E. INGALLS. CCA 20020968.

No. 03-0675/AF. U.S. v. Dean W. PARSHALL. CCA 34909.

No. 03-0676/AF. U.S. v. William J. MCDERMOTT. CCA 35413.

No. 03-0677/AF. U.S. v. Anthony D. ESCO. CCA S30259.

No. 03-0678/AR. U.S. v. John H. STEBBINS. CCA 20000497.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 03-8025/NA. United States, Appellee, v. Glenn E. HURN, Appellant. CCA 9800200. 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 August 25, 2003 and placed on the docket this date.

PETITIONS FOR RECONSIDERATION DENIED

No. 03-0142/NA. United States, Appellee, v. Richard S. WIBLE, Appellant. CCA 9901603. Appellant’s petition for reconsideration of the order of the Court issued on July 30, 2003, is denied.

INTERLOCUTORY ORDERS

No. 03-0490/NA. U.S. v. Courtney D. DAVIS. CCA 9901170. Appellant's motion for leave to file second enlargement of time out of time granted up to and including September 19, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 03-0583/NA. U.S. v. Ramoncito FABRA. CCA 200201696. On consideration of Appellant’s motion to file supplement to petition for grant of review out of time, it is ordered that counsel file a motion with this Court on or before September 22, 2003, that complies with the requirements of United States v. Ortiz, 24 M.J. 323 (C.M.A. 1987). See United States v. Brunson, 59 M.J. 41 (C.A.A.F. 2003).


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-228
Friday, September 12, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0671/MC. U.S. v. Santiago F. SOLORIO. CCA 200300603.

No. 03-0672/AF. U.S. v. Robert GONZALEZ. CCA 35331.

No. 03-0673/AF. U.S. v. Eric J. PASTOR. CCA S30223.

INTERLOCUTORY ORDERS

No. 03-0618/AR. U.S. v. Mitchell R. CHATMAN. CCA 20010163. Appellant's motion to extend time to file supplement to petition for grant of review granted to October 10, 2003.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-227
Thursday, September 11, 2003

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 03-8019/NA. United States, Appellee, v. Peter SHADWELL, Appellant. CCA 2002-1664. Appellant’s motion for an emergency stay of proceedings, amended motion for emergency stay of proceedings, partial motion to dismiss writ-appeal, and to recall motion for stay and amended emergency motion for stay are granted; and Appellant’s writ-appeal petition is denied without prejudice to Appellant’s right to raise the issue asserted in the petition during the course of normal appellate review if he is convicted.

Misc. No. 03-8023/AR. United States, Appellee, v. Edwin Mark ACKERMAN, Appellant. Writ-appeal petition denied.

INTERLOCUTORY ORDERS

No. 03-0620/AR. U.S. v. William T. LUNDY. CCA 2000069. Appellant's motion to extend time to file supplement to petition for grant of review granted to October 10, 2003.

No. 03-0633/AF. U.S. v. Christopher B. ARMSTRONG. CCA 34397. Appellant's motion to extend time to file supplement to petition for grant of review granted to October 17, 2003.

No. 03-0639/AF. U.S. v. Brandon J. JACOBIAN. CCA 35178. Appellant's motions to submit petition for grant of review out of time and supplement to petition for grant of review out of time are granted in light of United States v. Brunson, 59 M.J. 41 (C.A.A.F. 2003).

No. 03-5005/CG. United States, Appellant, v. David A. HUDSON, Appellee. CCA 1159. Appellee's motion to extend time to file an answer to final brief granted but only up to and including October 15, 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. 03-226
Wednesday, September 10, 2003

APPEALS - SUMMARY DISPOSITIONS

No. 02-0071/AF. U.S. v. Minguet PHILIDOR Jr. CCA 33644. 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 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. 02-0071/AF. U.S. v. Minguet PHILIDOR Jr. CCA 33644. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

No. 03-0256/AR. U.S. v. Jacob M. BOWLEY. CCA 20000093. Review granted on the following issue:

WHETHER THE MILITARY JUDGE ERRED WHEN HE RULED THAT ARTICLE 56a, UCMJ, WAS SELF-EXECUTING AND THAT THE MAXIMUM SENTENCE FOR A VIOLATION OF ARTICLE 118(1), UCMJ, REFERRED NONCAPITAL, OR ARTICLE 118(2), UCMJ, WAS LIFE WITHOUT ELIGIBILITY FOR PAROLE. No. 03-0369/AR. U.S. v. Patrick L. SIMMONS. CCA 20000153. Review granted on the following issue: WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED WHEN IT FOUND THAT APPELLANT'S 4TH AMENDMENT RIGHTS WERE VIOLATED BUT THEN CONCLUDED THAT THE ERROR WAS HARMLESS BEYOND A REASONABLE DOUBT.
PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0656/MC. U.S. v. Errol H. SADLER. CCA 200300261.

No. 03-0657/MC. U.S. v. Issac HERNANDEZ. CCA 200202161.

No. 03-0658/MC. U.S. v. Jeffrey M. ARNOLD. CCA 200300446.

No. 03-0659/NA. U.S. v. James C. BISHOP. CCA 200202383.

No. 03-0660/MC. U.S. v. Eric J. SUBJECT. CCA 200100426.

No. 03-0661/MC. U.S. v. Villamor B. HABON. CCA 200200750.

No. 03-0662/NA. U.S. v. Ronald E. SISTRUNK. CCA 200200314.

No. 03-0663/NA. U.S. v. Nicholas L. HALE. CCA 200202311.

No. 03-0664/NA. U.S. v. Wade J. BRADFORD. CCA 200300221.

No. 03-0665/MC. U.S. v. Matthew W. MCCLELLAN. CCA 200202320.

No. 03-0666/MC. U.S. v. James H. SEO. CCA 200200228.

No. 03-0667/NA. U.S. v. Marion W. MOSLEY. CCA 200202023.

No. 03-0668/MC. U.S. v. Jackson J. KING. CCA 200300036.

No. 03-0669/NA. U.S. v. Jorge PEREZ. CCA 200300023.

No. 03-0670/MC. U.S. v. Jason L. GAGNON. CCA 200201929.

INTERLOCUTORY ORDERS

In each of the following cases, Appellant’s petition for grant of review was offered for filing under Rule 20, together with Appellant’s motion to file the same out of time on this date.

Appellee shall file an answer to Appellant’s motion in each of these cases on or before the 17th day of September, 2003. Further action on the petition shall be held in abeyance pending the Court’s final action on the motion:

No. 03-0659/NA. U.S. v. James C. BISHOP. CCA 200202383.

No. 03-0660/MC. U.S. v. Eric J. SUBJECT. CCA 200100426.

No. 03-0661/MC. U.S. v. Villamor B. HABON. CCA 200200750.

No. 03-0662/NA. U.S. v. Ronald E. SISTRUNK. CCA 200200314.

No. 03-0663/NA. U.S. v. Nicholas L. HALE. CCA 200202311.

No. 03-0664/NA. U.S. v. Wade J. BRADFORD. CCA 200300221.

No. 03-0665/MC. U.S. v. Matthew W. MCCLELLAN. CCA 200202320.

No. 03-0666/MC. U.S. v. James H. SEO. CCA 200200228.

No. 03-0667/NA. U.S. v. Marion W. MOSLEY. CCA 200202023.

No. 03-0668/MC. U.S. v. Jackson J. KING. CCA 200300036.

No. 03-0669/NA. U.S. v. Jorge PEREZ. CCA 200300023.

No. 03-0670/MC. U.S. v. Jason L. GAGNON. CCA 200201929.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-225
Tuesday, September 09, 2003

RULE CHANGE

Pursuant to Rule 45 of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, the following persons whose terms will expire on September 30, 2003, are, this 9th day of September, 2003, hereby reappointed to the Rules Advisory Committee for a term expiring on September 30, 2006:

Hon. Joseph H. Baum
Captain Carol J. Cooper, JAGC, U.S. Navy
John F. DePue
Robert H. Troidl
The following members, whose terms expire on the dates indicated below, remain on the Rules Advisory Committee:

To expire on September 30, 2004:

Prof. Steven H. Goldblatt, Chair
Dwight H. Sullivan, Esq.
Thomas F. Granahan, Esq.
LtCol Margaret B. Baines, JA, U.S. Army
To expire on September 30, 2005:
Mark J. Biros
Colonel Michael J. Breslin, U.S. Air Force
Prof. Mary M. Cheh
Paul J. Larkin, Jr.
William A. DeCicco, Clerk of the Court, is an ex officio member of the Committee and serves as its Reporter.

APPEALS - SUMMARY DISPOSITIONS

No. 03-0111/AR. U.S. v. Micah D. LERCH. CCA 9701764. On consideration of the granted issue (58 M.J. 242 (April 10, 2003)), the decision of the United States Army Court of Criminal Appeals is affirmed.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0654/AR. U.S. v. Wallace J. BENSON III. CCA 20011126.

No. 03-0655/MC. U.S. v. Keith W. STROTHER. CCA 200000050.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 03-8021/AF. United States, Appellee, v. Timothy J. PENA, Appellant. CCA 2003-04. Writ-appeal petition denied.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-224
Monday, September 08, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0651/MC. U.S. v. Wesley B. NEGRON. CCA 200100844.

No. 03-0652/CG. U.S. v. Robert V. MAHONEY. CCA 1183.

No. 03-0653/AF. U.S. v. Michael J. MARCUS. CCA 35047.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-223
Friday, September 05, 2003

APPEALS—SUMMARY DISPOSITIONS

No. 00-0518/AF. U.S. v. John A. ANDERSON Jr. CCA 33456. 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 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. 00-0518/AF. U.S. v. John A. ANDERSON Jr. CCA 33456. [See also APPEALS-SUMMARY DISPOSITION this date.]

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0647/AR. U.S. v. Ray T. LEAK. CCA 20000356.

No. 03-0648/AF. U.S. v. Ryan W. WALDEN. CCA 35348.

No. 03-0649/AF. U.S. v. Lydell A. DEGUZMAN. CCA S30283.

No. 03-0650/AF. U.S. v. Steven D. BOZEMAN. CCA S30243.

PETITIONS FOR RECONSIDERATION DENIED

No. 03-8018/NA. United States, appellee, v. Jeffrey P. HEISLER, appellant. CCA 200201325. Appellant’s petition for reconsideration of the order of the Court issued on July 22, 2003, is denied without prejudice to appellant’s right to raise the issue during the course of normal appellate review.

INTERLOCUTORY ORDERS

No. 03-5002/AR. U.S. v. Joshua M. FAGAN. CCA 20000891. Motion filed by Lieutenant Lars C. Johnson to present oral argument as amicus curiae granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-222
Thursday, September 04, 2003

ORDERS GRANTING PETITION FOR REVIEW

No. 03-0321/AR. U.S. v. Rodney CRAIG. CCA 99-00815. Review granted on the following issue personally asserted by Appellant:

WHETHER THE MILITARY JUDGE ERRED IN ADMITTING PROSECUTION EXHIBIT 15, A TRANSCRIPT OF AN INAUDIBLE AUDIOTAPE.
PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0646/AR. U.S. v. Michael S. FARLEY. CCA 20001079.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 03-8023/AR. United States, Appellee, v. Edwin Mark ACKERMAN, Appellant. Writ-appeal petition for review of the United States Army Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b) on August 4, 2003 and placed on the docket this date.

INTERLOCUTORY ORDERS

No. 03-0152/NA. U.S. v. Thomas W. DOWTY. CCA 9901701. Motion filed by Lieutenant Ross W. Weiland to withdraw as appellate counsel granted.

No. 03-0211/NA. U.S. v. Brian C. MCDONALD. CCA 200000635. Motion filed by Lieutenant Ross W. Weiland to withdraw as appellate counsel granted.

No. 03-0363/MC. U.S. v. Jamie L. HANSEN. CCA 200100086. Appellant's motion to extend time to file final brief granted, but only up to and including October 2, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 03-0538/MC. U.S. v. Nathan T. OTTO. CCA 200001460. Appellee's motions to file answer letter out of time and to attach documents granted.

No. 03-0567/AR. U.S. v. Mason G. HICKLAND. CCA 9900822. Appellee's motion to file answer to supplement to petition for grant of review out of time granted.

No. 97-0299/NA. U.S. v. Jorge L. RODRIGUEZ. CCA 95-0776.
Appellant's motion to extend time to file final brief granted, but only up to and including September 18, 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. 03-221
Wednesday, September 03, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0645/AR. U.S. v. Joshua O. BYNUM. CCA 20001020.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 03-8022/NA. United States, Appellee, v. Kevin J. FLYNN, Appellant. 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) and placed on the docket this date.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-220
Tuesday, September 02, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0642/AR. U.S. v. Edward L. WIGGINS. CCA 20020572.

No. 03-0643/AR. U.S. v. Jesse G. HIMPHILL. CCA 20021352.

No. 03-0644/AR. U.S. v. William D. MOORE. CCA 20021087.


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