DAILY
JOURNAL
No.
04-222
Tuesday, August
31, 2004
INTERLOCUTORY ORDERS
No.
04-0600/AR.
U.S. v. Jason E.
RUDIN.
CCA 20031287. On
consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal
Appeals, the
attachment to Appellate Government Counsel’s 10-day letter is Appellate
Defense
Counsel’s brief to the Army Court of Criminal Appeals and not Appellate
Government’s brief. Furthermore,
Appendix A to Appellant’s Supplement ends in the middle of a sentence
and is
obviously incomplete. Accordingly, it is
ordered that within 10 days of the date of this Order, Appellate
Government
Counsel will submit the correct attachment to the 10-day letter; and
Appellate Defense
Counsel will submit a corrected Appendix A to the Supplement.
DAILY
JOURNAL
No.
04-221
Monday, August
30, 2004
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0724/AR.
U.S. v. Stephen C.
ADAMS.
CCA 20010664.
No.
04-0725/AR.
U.S. v. Jason C. LEE.
CCA 20040080.
No.
04-0726/AF.
U.S. v. Edward C.
STANLEY.
CCA 34825.
DAILY
JOURNAL
No.
04-220
Friday, August
27, 2004
PETITIONS FOR GRANT OF REVIEW
FILED
No.
04-0716/AR.
U.S. v. Benjamin L.
LEHMAN.
CCA 20021421.
No.
04-0717/AR.
U.S. v. Oji A. NURI.
CCA 20020353.
No.
04-0718/AF.
U.S. v. Mark R.
HUSCHAK.
CCA 35382.
No.
04-0719/AF.
U.S. v. Billy W.
HOXEY II.
CCA 35090.
No.
04-0720/AF.
U.S. v. Donavon F.
FREDERICKSON.
CCA 35442.
No.
04-0721/AF.
U.S. v. Justin W.
ERICKSON.
CCA S30244.
No.
04-0722/AF.
U.S. v. Anthony J.
CLARK.
CCA 34791.
No.
04-0723/NA.
U.S. v. Aaron A.
OESTMANN.
CCA 200301443.
INTERLOCUTORY ORDERS
No.
04-0498/AF.
U.S. v. David C.
KOVAL.
CCA S30463. Appellee's
motion for leave to allow for
student representation and to submit documents granted.
No.
04-0559/AR.
U.S. v. Richard C.
BRESNAHAN.
CCA 20010304. Appellant's
second motion to extend time to file supplement
to petition
for grant of review granted, but only
up to and including September 10, 2004; and absent
extraordinary circumstances, no
further extension of time will be granted in this case.
No.
04-0560/AR.
U.S. v. Enrique
FLORES-RIVERA Jr.
CCA 20010505. Appellant's
second motion to extend time to file supplement
to petition
for grant of review granted, but only
up to and including September 10, 2004; and absent
extraordinary circumstances, no
further extension of time will be granted in this case.
No.
04-0646/AR.
U.S. v. Michael J.
BROWN.
CCA 20031174. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 24, 2004.
No.
04-0654/AR.
U.S. v. Cody B. HOPPE.
CCA 20021162. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to October 1, 2004.
DAILY
JOURNAL
No.
04-219
Thursday, August
26, 2004
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0713/AR.
U.S. v. Jason T.
STEAGALL.
CCA 20030879.
No.
04-0714/AR.
U.S. v. Anthony C.
CRAWFORD.
CCA 20030060.
No.
04-0715/AR.
U.S. v. Guillermo
BAZARTE.
CCA 20020135.
DAILY
JOURNAL
No.
04-218
Wednesday, August
25, 2004
PETITIONS FOR GRANT OF REVIEW DENIED
No.
04-0327/AR.
U.S. v. Anwar C. GEORGE.
CCA 20010884.
No.
04-0461/AR.
U.S. v. Charles A.
LEWIS Jr.
CCA 20010162.
No.
04-0584/AR.
U.S. v. Shawnne P. SMITH.
CCA 20031067.
INTERLOCUTORY ORDERS
No.
04-0246/AR.
U.S. v. Andrew J.
KISALA.
CCA 20000930. Appellant's
motion to attach index granted.
No.
04-0284/AF.
U.S. v. Allan P.
JAMES.
CCA 34863. Appellant's
motion to
extend time to file reply brief granted to September 2, 2004.
No.
04-0590/NA.
U.S. v. Kevin A.
ROSENBERG.
CCA 200100797. Motion
of appellate defense counsel to
withdraw and notice of appearance of new counsel granted.
No.
04-0617/NA.
U.S. v. Ismael RIOS.
CCA 200300887. Motion
of appellate defense counsel to
withdraw and notice of appearance of new counsel granted.
No.
04-0618/NA.
U.S. v. Roland R.
DUKE.
CCA 200301488. Motion
of appellate defense counsel to
withdraw and notice of appearance of new counsel granted.
No.
04-0621/NA.
U.S. v. William E.
CARMICHAEL.
CCA 9901271. Motion
of appellate defense counsel to
withdraw and notice of appearance of new counsel granted.
No.
04-0683/MC.
U.S. v. Amy R.
WALLACE.
CCA 200100296. Motion
of appellate defense counsel to
withdraw and notice of appearance of new counsel granted.
MANDATES ISSUED
No.
02-0941/AR.
U.S. v. Wilson L. McCRIMMON.
CCA 20000075.
No.
03-0321/AR.
U.S. v. Rodney CRAIG.
CCA 99-00815.
No.
03-0473/NA.
U.S. v. Troy B. JENKINS.
CCA 200101151.
DAILY
JOURNAL
No.
04-217
Tuesday, August
24, 2004
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0709/AR.
U.S. v. Michael H.
BROWN.
CCA 20030021.
No.
04-0710/NA.
U.S. v. Christopher
A. YARBROUGH.
CCA 200200720.
No.
04-0711/MC.
U.S. v. Joshua A.
WHITE.
CCA 200202259.
No.
04-0712/MC.
U.S. v. Ruben B.
CASTRO.
CCA 200400485.
INTERLOCUTORY ORDERS
No.
04-0042/AR.
U.S. v. Shapour MEGHDADI.
CCA 20000029. Appellant’s
motion to attach Defense
Appellate Exhibits, erroneously filed under Rule 23(b), which the Court
construes as a motion filed under Rule 30, is denied as to Defense
Appellate
Exhibit A because it is cumulative with Appellate Exhibit LXI, and is
granted
as to Defense Appellate Exhibit B. Appellant's
motion to attach affidavit is denied.
No.
04-0242/AF.
U.S. v. Anthony E.
CUTINO.
CCA S30239. Appellee's motion
to submit documents granted.
No.
04-0291/AR.
U.S. v. Arturo CANO.
CCA 20010086. Appellant's
motion to extend time to file
final brief granted up to and including September 7, 2004; and absent
extraordinary circumstances, no
further extension of time will be granted in this case.
No.
04-0657/NA.
U.S. v. David L.
ROBERTS.
CCA 200301353. Appellant's
motion to extend time to file supplement
to petition for grant of review granted to September 22, 2004.
No.
04-0658/MC.
U.S. v. John O.
CARRINGTON.
CCA 200400199. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 22, 2004.
No.
04-0677/AR.
U.S. v. Jonathan L.
ALEXANDER.
CCA 20000627. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to October 8, 2004.
No.
04-0683/MC.
U.S. v. Amy R.
WALLACE.
CCA 200100296. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 22, 2004.
No.
04-5006/AR.
U.S. v. William J.
KREUTZER.
CCA 9601044. Appellee's motion
to extend time to file an answer to final brief granted up to and
including September 14, 2004;
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
04-8018/AR.
U.S. v. Gary DICKSON.
CCA 20040032. Appellant's
motion to attach denied.
DAILY
JOURNAL
No.
04-216
Monday, August
23, 2004
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0701/AR.
U.S. v. George M.
WATTS, Jr.
CCA 20030013.
No.
04-0702/AR.
U.S. v. Michael L.
BAYLES.
CCA 20030898.
No.
04-0703/AR.
U.S. v. Steven R.
CRIST.
CCA 20030291.
No.
04-0704/AF.
U.S. v. Justin N.
ALLEN.
CCA S30580.
No.
04-0705/AF.
U.S. v. Jonathan P.
GILLIAM.
CCA 35770.
No.
04-0706/AF.
U.S. v. Reina L. LUSHINE.
CCA S30471.
No.
04-0707/MC.
U.S. v. Joshua J.
PRATCHARD.
CCA 200301258.
No.
04-0708/NA.
U.S. v. Shawanna L. MOORE.
CCA 200201537.
MANDATES ISSUED
No.
03-0651/MC.
U.S. v. Wesley B.
NEGRON.
CCA 200100844.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-215
Friday, August
20, 2004
PETITIONS FOR GRANT OF
REVIEW FILED
No. 03-0688/NA.
U.S. v. Stacie
M. SOWELL.
CCA 9901777.*/
No. 04-0697/AR.
U.S. v. Jose
M. BONILLA RAMIREZ.
CCA 20040155.
No. 04-0698/MC.
U.S. v. Javier
A. MORENO.
CCA 200100715.
No. 04-0699/AF.
U.S. v. Ashea
L. FULLER.
CCA 35058.
No. 04-0700/AF.
U.S. v.
Stephen J. LAZAUSKAS.
CCA
34934.
MISCELLANEOUS DOCKET -
FILINGS
Misc. No.
04-8028/NA.
Peter T.
COSBY, Petitioner, v. United States, Respondent. CCA 9901704. Petitioner’s petition for extraordinary
relief, which was filed on July
26, 2004 is placed on the
docket
this date. It is ordered that Respondent
show cause within ten days why the requested relief should not be
granted. [See also INTERLOCUTORY ORDERS
this date.]
CRAWFORD, Chief
Judge
(dissenting): I dissent for the reasons
set forth in my dissenting opinion in Toohey v. United States,
60 M.J.
100, 104 (C.A.A.F. 2004)(Crawford, C.J., dissenting).
INTERLOCUTORY ORDERS
Misc. No.
04-8028/NA.
Peter T.
COSBY, Petitioner, v. United States, Respondent. CCA 9901704. [See also MISCELLANEOUS
DOCKET - FILINGS this date.]
__________
*/
Second petition filed
in this
case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-214
Thursday, August
19, 2004
ORDERS GRANTING PETITION FOR
REVIEW
No. 00-0679/AR. U.S. v. Jermain J.
BEST.
CCA
9701222.
Review granted on the following issue:
WHETHER THE
UNITED STATES
ARMY COURT OF CRIMINAL APPEALS ERRED IN HOLDING THAT THERE WAS NO
ACTUAL
CONFLICT OF INTEREST INVOLVING MEMBERS OF APPELLANT'S SANITY BOARD
SUFFICIENT
TO UNDERMINE THE RELIABILITY OF THE SANITY BOARD'S FINDINGS.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 04-0501/AR.
U.S. v. Thomas
K. MAYCOCK.
CCA 20030088.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 04-0695/AR.
U.S. v. Edgard
ORTIZ.
CCA 20021289.
No. 04-0696/AR.
U.S. v. Billie
H. SLUCK.
CCA 20010693.
DAILY
JOURNAL
No.
04-213
Wednesday, August
18, 2004
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0392/AF. U.S. v. Sean W.
GRIGGS.
CCA
34739.
Review granted on the following issues:
I.
WHETHER THE UNITED STATES AIR FORCE COURT OF
CRIMINAL APPEALS PREJUDICIALLY ERRED IN HOLDING THAT THE MILITARY JUDGE
DID NOT
ABUSE HIS DISCRETION IN APPLYING R.C.M. 1101(b)(5)(D) TO DEFENSE
SENTENCING
EVIDENCE.
II. WHETHER THE EVIDENCE WAS LEGALLY INSUFFICIENT
TO SUPPORT APPELLANT'S CONVICTION TO SPECIFICATIONS 1 AND 2 OF THE
CHARGE WHERE
THE EVIDENCE DID NOT DEMONSTRATE THAT THE SUBSTANCE USED AND
DISTRIBUTED WAS
ILLEGAL.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 04-0526/AF.
U.S. v. Ronald
M. FARNSWORTH, Jr.
CCA S30405.
No. 04-0530/AF.
U.S. v. James
A. STERRENBERG.
CCA S30233.
No. 04-0550/AR.
U.S. v. Andrew
CARTER, Jr.
CCA 20030055.
No. 04-0553/NA.
U.S. v.
Michael A. SCALES.
CCA 200301234.
No. 04-0554/NA.
U.S. v.
Timothy R. STRANGE.
CCA
200301747.
No. 04-0558/AF.
U.S. v.
Whitney G. SMITH.
CCA 35650.
No. 04-0562/NA.
U.S. v. Walter
A. SAGASTUME.
CCA 200301422.
No. 04-0572/AF.
U.S. v.
Anthony L. GATHERS, II.
CCA
S30464.
No. 04-0574/NA.
U.S. v. Nathan
A. CROW.
CCA 200301105.
No. 04-0580/AR.
U.S. v. James E.
ROWLAND.
CCA 20030371.
No. 04-0582/AR.
U.S. v. Arthur
J. WOODS, Jr.
CCA 20030607.
No. 04-0592/MC.
U.S. v. Sherman M.
JENKINS.
CCA 200301246.
PETITIONS FOR GRANT OF REVIEW FILED
No. 04-0690/AR.
U.S. v. Jermaine MORSTON.
CCA 20040181.
No. 04-0691/AR.
U.S. v. Calvin
B. DONOVAN.
CCA 20020669.
No. 04-0692/AR.
U.S. v. Lenard A. BROOKS.
CCA 20031150.
No. 04-0693/AR.
U.S. v. John
D. MORRIS.
CCA 20021266.
No. 04-0694/NA.
U.S. v. John
J. STEPHENS.
CCA 200301649.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
04-8027/AR.
Brett WRIGHT, Petitioner, v. United States, Respondent. Petition for extraordinary relief in the
nature of a writ of habeas corpus denied.
INTERLOCUTORY ORDERS
No. 02-0060/MC.
U.S. v.
Anthony L. JONES.
CCA 200100066. Appellant's
motion to extend time to file
final brief granted up to and including August 31, 2004;
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No. 04-0614/AR.
U.S. v.
Darrell K. HAYNES.
CCA 20010580. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 16, 2004.
No. 04-8025/NA.
Wade L. WALKER, Petitioner, v. United States, Respondent. CCA 9501607. Petitioner's motion to attach granted.
MANDATES ISSUED
No. 03-0246/AR.
U.S. v. Bobby
D. SEAY II.
CCA 9900779.
No. 03-0389/NA.
U.S. v. Alvin
N. CUENTO.
CCA 200100281.
DAILY
JOURNAL
No.
04-212
Tuesday, August
17, 2004
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0359/AR. U.S. v. Justin S.
SHELTON.
CCA 9901201.
Review granted on the following issue raised
by appellate defense counsel:
I.
WHETHER THE UNITED STATES ARMY COURT OF
CRIMINAL APPEALS ERRED IN UPHOLDING
THE
RULING OF THE MILITARY JUDGE THAT DENIED THE DEFENSE MOTION TO SUPPRESS
ANY
EVIDENCE OBTAINED AS A RESULT OF COMMUNICATIONS BETWEEN APPELLANT AND
HIS PASTOR.
And the
following issue specified by the Court:
II. WHETHER THE
UNITED STATES ARMY COURT OF CRIMINAL APPEALS APPLIED THE CORRECT
APPELLATE TEST
FOR DETERMINING MATERIALITY WITH RESPECT TO THE ERRONEOUS NONDISCLOSURE
OF
DISCOVERABLE EVIDENCE. SEE UNITED
STATES V. ROBERTS, 59 M.J. 323
(C.A.A.F. 2004).
No. 04-5002/AF. United States, Appellant and
Cross-Appellee, v. Mario L. CARTER, Appellee
and Cross-Appellant.
CCA 35027.
Review granted on the following issue:
WHETHER
APPELLEE/CROSS-APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL
WHEN HIS
DEFENSE COUNSEL FAILED TO OBJECT TO TRIAL COUNSEL'S REPEATED ARGUMENT
THAT THE
EVIDENCE WAS "UNCONTROVERTED" AND "UNCONTRADICTED" AND TOLD
THE COURT MEMBERS THAT APPELLANT HAD AN "ABSOLUTE RIGHT NOT TO TESTIFY
AND
INCRIMINATE HIMSELF."
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0689/NA.
U.S. v. Strider J.
WARDLE.
CCA 200400255.
PETITIONS FOR RECONSIDERATION DENIED
No.
03-0246/AR.
U.S. v. Bobby D. SEAY
II.
CCA 9900779. Appellant’s
petition for reconsideration of
this Court’s opinion, 60 M.J. 73 (C.A.A.F. 2004), denied.
INTERLOCUTORY ORDERS
No.
04-0348/AR.
U.S. v. Justin L.
BROOKS.
CCA 20000901. Appellant's
motion to extend time to file
final brief granted but only up to
and including September
2, 2004; and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
04-5005/NA.
United States,
Appellant and Cross-Appellee, v. Todd R.
FORBES, Appellee and Cross-Appellant.
CCA 9901454. Appellee's motion
to extend time to file an answer to final brief granted up to and
including August 25, 2004;
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
04-8013/AR.
United States,
Respondent, v. Dwight J. LOVING, Petitioner.
CCA 89001123. Petitioner's
motion for oral argument
granted; the case will be set for oral argument by the Clerk of the
Court at a
later date.
DAILY
JOURNAL
No.
04-211
Monday, August
16, 2004
APPEALS - SUMMARY DISPOSITIONS
No. 02-0212/AF. U.S. v. Lawrence E. JOSEY. CCA 33745.
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. 02-0212/AF. U.S. v. Lawrence E. JOSEY. CCA 33745.
[See also APPEALS – SUMMARY
DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0684/AR.
U.S. v. Miles E.
ABRAHAM.
CCA 20031282.
No.
04-0685/AR.
U.S. v. Adam R. COOK.
CCA 20010400.
No.
04-0686/AR.
U.S. v. Christopher
J. HARRIS.
CCA 20040402.
No.
04-0687/AF.
U.S. v. Timothy V.
DENIO.
CCA S30440.
No.
04-0688/NA.
U.S. v. Rafael L.
CENTENERA.
CCA 200400183.
INTERLOCUTORY ORDERS
No.
98-0497/NA.
U.S. v. Charles W.
DAVIS.
CCA 9600585. Appellant's
motion to correct errata granted.
DAILY
JOURNAL
No.
04-210
Friday, August
13, 2004
PETITIONS FOR GRANT OF REVIEW DENIED
No.
04-0265/AR.
U.S.
v. Kimberly D. LOUDEN.
CCA 20011108.
No.
04-0355/AF.
U.S. v. Brandon S.
SPANO.
CCA 34909.
No.
04-0385/AR.
U.S. v. Gregorio Q.
CRUZ.
CCA 20010620.
No.
04-0499/NA.
U.S. v. Michael P.
HONAKER.
CCA 200301700.
No.
04-0466/AF.
U.S. v. Auston H. HORRAS.
CCA 35101.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0679/AR.
U.S. v. Darlene N.
MARTINEZ.
CCA 20040071.
No.
04-0680/AR.
U.S. v. Michael E.
NISSEL.
CCA 20030630
No.
04-0681/AF.
U.S. v. Vincent C. T.
FINONA.
CCA 35233.
No.
04-0682/AF.
U.S. v. Kyle L.
ALEXANDER.
CCA 35704.
No.
04-0683/MC.
U.S. v. Amy R.
WALLACE.
CCA 200100296.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 04-8027/AR.
Brett WRIGHT, Petitioner, v. United States,
Respondent. Petition for extraordinary
relief in the nature of a writ of habeas corpus was filed under Rule
27(a) on
July 19, 2004, and placed on the docket this date.
INTERLOCUTORY ORDERS
No.
02-0443/AR.
U.S. v. Scott D.
GIBSON.
CCA 9900573.
Appellant's motion to extend time to file
supplement to petition for grant of review granted to September 15, 2004.
No.
04-0599/AR.
U.S. v. Rudolf
GONZALEZ, Jr.
CCA 20031005. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 13, 2004.
No.
04-0604/NA.
U.S. v. Tyrone J.
FORNEY.
CCA 200001573. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 16, 2004.
No.
04-0608/AR.
U.S. v. Nicholas N.
HAMMOND.
CCA 20010710. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 17, 2004.
No.
04-8018/AR.
U.S. v. Gary DICKSON.
CCA 20040032. On
consideration of the writ-appeal petition
and the Government’s answer, it is ordered that the writ-appeal
petition is
granted on the following specified issue:
WHETHER THE
CONVENING AUTHORITY MAY EXECUTE CONTINGENT
CONFINEMENT WITHOUT REMITTING ANY UNPAID PORTION OF AN APPROVED FINE OR
PROVIDING FOR REMISSION OF THE UNPAID PORTION OF A FINE UPON SERVICE OF
A
CONTINGENT PERIOD OF CONFINEMENT OR PAROLE.
That the Judge
Advocate General of the Army
will designate appellate defense counsel to represent Appellant in
these
proceedings; and that briefs will be filed under Rule 25.
DAILY
JOURNAL
No.
04-209
Thursday, August
12, 2004
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0178/AR. U.S. v. Jacques
SAINTAUDE, Jr.
CCA 9801647.
Review granted on the following issues:
I.
WHETHER APPELLANT
WAS DEPRIVED OF HIS RIGHT TO CONFLICT-FREE COUNSEL WHEN ALL FIVE OF HIS
COUNSEL
LABORED UNDER MENTALLY-COMPETING PERSONAL INTERESTS.
II.
WHETHER APPELLANT
RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL ON THE MERITS WHEN HIS
COUNSEL
FAILED TO PREPARE AND EXECUTE A REASONABLE DEFENSE STRATEGY, INCLUDING
FAILURE
TO USE CRITICAL IMPEACHMENT EVIDENCE, AND WHEN HIS MILITARY COUNSEL
FAILED TO
ADVISE APPELLANT THAT HE BELIEVED THAT CIVILIAN COUNSEL WAS
INCOMPETENT,
INEFFECTIVE, AND UNPROFESSIONAL.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0678/AR.
U.S. v. Ronnie C.
CARPENTER.
CCA 20020894.
No.
04-6002/AR.
U.S. v. Anthony E. McCULLOUGH.
CCA 20031217. [See
also INTERLOCUTORY ORDERS this date.]
INTERLOCUTORY ORDERS
No.
04-0676/AR.
U.S. v. Anthony E. McCULLOUGH.
CCA 20031217. On
consideration of the petition for grant of
review filed by counsel for the appellant on August 9, 2004, under Rule
19(a)(5)(A), Rules of Practice and
Procedure, United States
Court of Appeals for the Armed Forces, and docketed under Docket Number
04-0676/AR, it appears that said petition is in fact a petition for
grant of
review of the decision of the United States under Article 62, Uniform
Code of
Military Justice, 10 U.S.C. § 862.
Accordingly, it is ordered that Docket Number 04-6002/AR be
forthwith
assigned to this case; that Docket Number 04-676/AR be removed from
this case
and not be assigned to any case in the future; that the Clerk’s office
and
counsel for both parties herein promptly ensure that the new docket
number
assigned to this case be noted on all pleadings filed to date in this
matter;
and that Appellant will file a supplement to said petition under Rule
21 on or before
the 2nd day of September, 2004.
[See also PETITIONS FOR GRANT OF REVIEW FILED this date.]
DAILY
JOURNAL
No.
04-208
Wednesday, August
11, 2004
INTERLOCUTORY ORDERS
No.
03-0647/AR.
U.S. v. Ray T. LEAK.
CCA 20000356. On
consideration of the briefs filed by the
parties, it is ordered that the Appellee/Cross-Appellant
shall, within 14 days, file a supplemental brief addressing the
following issue
specified by the Court:
WHETHER
ARTICLE 67(c), UCMJ, WHICH PROVIDES THAT THIS COURT “MAY ACT ONLY WITH
RESPECT
TO THE FINDINGS AND SENTENCE . . . AS AFFIRMED OR SET ASIDE AS
INCORRECT IN LAW
BY THE COURT OF CRIMINAL APPEALS”: (1)
ALLOWS THIS COURT TO ANSWER A CERTIFIED ISSUE CONCERNING A REVIEW OF
LEGAL STANDARDS
EMPLOYED BY THE COURT OF CRIMINAL APPEALS IN SETTING ASIDE A
SPECIFICATION AS
FACTUALLY INSUFFICIENT; AND (2) ALLOWS A CERTIFIED ISSUE TO RESULT IN A
REMAND
TO THE COURT OF CRIMINAL APPEALS TO REEVALUATE A SPECIFICATION SET
ASIDE AS
FACTUALLY INSUFFICIENT.
Appellant/Cross-Appellee
will file a supplemental answer within 14 days after the filing of Appellee/Cross-Appellant’s supplemental brief. Absent extraordinary circumstances, no
extension of time will be granted.
No.
03-0678/AR.
U.S. v. John H.
STEBBINS.
CCA 20000497.
Appellant's motion to extend time to file supplemental brief granted up to and including September 22, 2004; and absent
extraordinary circumstances, no
further extension of time will be granted in this case.
No.
04-0588/NA.
U.S. v. Stevon J. TAYLOR.
CCA 200202294. Appellant's
motion to attach granted.
No.
04-0597/AR.
U.S. v. Robert C.
SPARKS.
CCA 20020822. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 10, 2004.
No.
04-0650/MC.
U.S. v. Patrick D.
BLACK.
CCA 200301734. Appellant's
motion to attach granted.
DAILY
JOURNAL
No.
04-207
Tuesday, August
10, 2004
APPEALS - SUMMARY
DISPOSITIONS
No.
02-0938/AF. U.S.
v. Andrew J. BROZZO. CCA
34542.
On further consideration of the pleadings
filed in the instant case and the Government’s concession that “[i]n
light of
this Court’s decision in United States v. Jackson, 59 M.J. 330
(C.A.A.F.
2004), and under the narrow facts presented in this case, it was
prejudicial
error for trial counsel not to disclose the 2 August 2000 discrepancy
report.” Accordingly, it is ordered that
the hearing notice dated July
19, 2004, is hereby
rescinded. The decision of the United
States Air Force
Court of Criminal Appeals is reversed.
The findings and sentence are set aside and the record of trial
is
returned to the Judge Advocate General of the Air Force.
A rehearing may be ordered.
PETITIONS FOR GRANT OF REVIEW
FILED
No.
04-0677/AR. U.S.
v. Jonathan L. ALEXANDER. CCA 20000627.
PETITIONS FOR RECONSIDERATION
DENIED
No. 03-0473/NA. U.S.
v. Troy
B. JENKINS. CCA 200101151.
Appellee’s petition for reconsideration of
this Court’s opinion issued on June
21, 2004, denied.
DAILY
JOURNAL
No.
04-206
Monday, August
09, 2004
PETITIONS FOR GRANT
OF REVIEW FILED
No. 04-0671/AR.
U.S. v. Oliver
W. RAWLS.
CCA 20040034.
No. 04-0672/AR.
U.S. v.
Ledarrick T. HURST.
CCA
20030363.
No. 04-0673/AR.
U.S. v.
Ketrick L. JOHNSON.
CCA
20021027.
No. 04-0674/AF.
U.S. v. Nathan
A. SHERRILL.
CCA S30444.
No. 04-0675/AF.
U.S. v. Sean
M. MOHONEY.
CCA 35330.
No. 04-0676/AR.
U.S. v.
Anthony E. McCULLOUGH.
CCA
20031217.
DAILY
JOURNAL
No.
04-205
Friday, August
06, 2004
APPEALS - SUMMARY
DISPOSITIONS
No. 04-0534/AR. U.S. v. Roger L.
HAMPTON.
CCA
20021295.
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. 04-0480/AF. U.S. v. Michael J.
SONEGO.
CCA
S30216.
Review granted on the following issue:
WHETHER APPELLANT
IS
ENTITLED TO AN IMPARTIAL SENTENCE REHEARING WHERE, DURING VOIR DIRE, A
PANEL
MEMBER FAILED TO DISCLOSE HIS BELIEF THAT EVERY SERVICEMEMBER WHO USES
DRUGS
SHOULD GET A PUNITIVE DISCHARGE.
No. 04-0534/AR. U.S. v. Roger L.
HAMPTON.
CCA
20021295.
[See also APPEALS – SUMMARY
DISPOSITIONS this date.]
PETITIONS FOR GRANT
OF REVIEW FILED
No. 04-0664/AR.
U.S. v.
Antonio D. KIRBY.
CCA 20020626.
No. 04-0665/AF.
U.S. v.
William J. ZRNCHIK, III.
CCA
35307.
No. 04-0666/AF.
U.S. v.
Jiovanni V. TORRES.
CCA
34879.
No. 04-0667/AF.
U.S. v. Moises
ORTIZ.
CCA 35709.
No. 04-0668/AF.
U.S. v. David
W. McNEELY.
CCA 35378.
No. 04-0669/AF.
U.S. v. Jason P.
GARLICK.
CCA 35298.
No. 04-0670/AF.
U.S. v.
Richard L. ANDERSON.
CCA
34980.
DAILY
JOURNAL
No.
04-204
Thursday, August
05, 2004
RULES CHANGES
IN RE
ELECTRONIC FILING
Effective August 16, 2004,
and in addition to those pleadings mentioned in the Order of the Court
of May
8, 2003, the Court will permit the following pleadings to be filed
electronically or in writing:
a) a motion for
enlargement
of time to respond to
an Order of the Court;
b) a notice of
appearance of
counsel; and
c) a motion to
withdraw as
counsel.
The instructions on electronic filing
promulgated by the Clerk of the Court, and accessible on the Court’s
web site, www.armfor.uscourts.gov,
apply to
the above pleadings.
PETITIONS FOR GRANT
OF REVIEW DENIED
No. 03-0490/NA.
U.S. v. Courtney
D. DAVIS.
CCA 9901170.
No. 04-0210/AF.
U.S. v. Justin
L. CASTEEL.
CCA 35237.
No. 04-0443/AF.
U.S. v. Andre P.
MORRIS, II. CCA 34845.
No. 04-0484/NA.
U.S. v. Jacob
C. COCHRANE.
CCA 200200743.
No. 04-0532/AR.
U.S. v. John
J. BUSSO.
CCA 20021365.
No. 04-0539/AF.
U.S. v. Shawn
O. SPENCER.
CCA S30204.
PETITIONS FOR GRANT
OF REVIEW FILED
No. 04-0661/AR.
U.S. v. Andrew
R. IRELAND.
CCA 20040028.
No. 04-0662/MC.
U.S. v.
Michael J. YUNGEN.
CCA 200301752.
No. 04-0663/MC.
U.S. v. James
E. WOODS.
CCA 200202323.
DAILY
JOURNAL
No.
04-203
Wednesday, August
04, 2004
ORDERS GRANTING
PETITION FOR REVIEW
No. 04-0433/AF. U.S. v. Mark Q.
STARGELL.
CCA
35724.
Review granted on the following issue specified
by the Court:
WHETHER
APPELLANT'S GUILTY
PLEA TO SPECIFICATION 4 OF CHARGE I (DISHONORABLE FAILURE TO MAINTAIN
FUNDS TO
COVER A PREVIOUSLY WRITTEN CHECK) WAS PROVIDENT WHERE APPELLANT DID NOT
MAKE OR
UTTER THE CHECK PERSONALLY, AND NOTHING IN THE RECORD INDICATES THAT HE
HAD ANY
CONTROL OVER THE ACCOUNT ON WHICH THE CHECK WAS DRAWN.
PETITIONS FOR GRANT
OF REVIEW DENIED
No. 04-0473/AR.
U.S. v. Edward
GOODWIN.
CCA 20020248.
No. 04-0485/AR.
U.S. v. Daniel
J. POINDEXTER.
CCA 20000594.
No. 04-0497/AF.
U.S. v. Scott
D. KELSALL.
CCA 35572.
No. 04-0508/AF.
U.S. v.
Nicholas J. MOYER.
CCA 35775.
No. 04-0519/AF.
U.S. v.
Derrick R. JAMES.
CCA S30431.
No. 04-0545/AR.
U.S. v. James
M. HARRIS.
CCA 20030015.
No. 04-0547/AF.
U.S. v. Joseph
J. LOEHR.
CCA 35662.
No. 04-0549/AR.
U.S. v. Andrew
V. PREINESBERGER.
CCA 20030083.
PETITIONS FOR GRANT
OF REVIEW FILED
No. 04-0660/AR.
U.S. v. Marsha
R. PURCELL.
CCA 20031007.
DAILY
JOURNAL
No.
04-202
Tuesday, August
03, 2004
PETITIONS FOR GRANT
OF REVIEW FILED
No. 04-0659/AR.
U.S. v. Justin
R. ROSENBAUM.
CCA 20030710.
DAILY
JOURNAL
No.
04-201
Monday, August
02, 2004
PETITIONS FOR GRANT
OF REVIEW DENIED
No. 04-0548/AF.
U.S. v. Aaron
T. STEINER.
CCA S30446.
No. 04-0583/AR.
U.S. v.
Brandon F. TARVER.
CCA 20030859.
PETITIONS FOR GRANT
OF REVIEW FILED
No. 04-0653/AR.
U.S. v. Larry
K. HAGUE, Jr.
CCA 20021413.
No. 04-0654/AR.
U.S. v. Cody
B. HOPPE.
CCA 20021162.
No. 04-0655/AF.
U.S. v.
Suzanne R. ANGELES.
CCA
S30265.
No. 04-0656/AF.
U.S. v.
Francesco P. MARRAPODI-BOVE.
CCA S30437.
No. 04-0657/NA.
U.S. v. David
L. ROBERTS.
CCA 200301353.
No. 04-0658/MC.
U.S. v. John
O. CARRINGTON.
CCA 200400199.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No.
04-8026/AF.
Marcus WILLIAMS, Petitioner, v. United States, Respondent. Petition for extraordinary relief in the
nature of a writ of error coram nobis denied.
INTERLOCUTORY
ORDERS
No. 04-0208/AR.
U.S. v. Keith
L. WILLIAMS, Jr.
CCA 20020327. Appellee's
motion to correct errata granted.
No. 04-0533/AF.
U.S. v.
Kenneth J. BETTS, I.
CCA
35218. Appellee's motion to file
an answer letter out of time granted.
No. 04-0578/AR.
U.S. v. Charles
J. WOLFORD.
CCA 20001042. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to August 30, 2004.