UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
096
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0328/AF.
No.
04-0329/AF.
No.
04-0330/NA.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 04-8014/AF.
Harry M. SCHMIDT, Appellant, v.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 04-8014/AF.
Harry M. SCHMIDT, Appellant, v.
INTERLOCUTORY ORDERS
No.
02-0849/AF.
No.
03-0473/NA.
No.
04-8014/AF.
Harry M. SCHMIDT, Appellant, v.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-095
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0327/AR.
INTERLOCUTORY ORDERS
No.
04-0228/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-094
PETITIONS FOR GRANT OF REVIEW DENIED
No.
04-0148/AR.
No.
04-0185/AF.
No.
04-0199/AR.
No.
04-0213/AR.
No.
04-0221/AR.
No.
04-0231/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0326/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-093
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0101/AR.
WHETHER
APPELLANT'S RIGHT TO DUE PROCESS WAS VIOLATED WHEN
THE MILITARY JUDGE ALLOWED THE GOVERNMENT TO PROCEED WITH A PROSECUTION
TRIGGERED BY A CONFESSION WHICH WAS UNLAWFULLY INDUCED BY A COMMANDER'S
PROMISE
THAT IF APPELLANT CONFESSED HE WOULD NOT BE COURT-MARTIALED.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0324/MC.
No.
04-0325/MC.
INTERLOCUTORY ORDERS
No.
03-0473/NA.
No.
03-0613/MC.
No.
03-0614/NA.
No.
04-0254/CG.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-092
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0317/CG.
No.
04-0318/AR.
No.
04-0319/AR.
No.
04-0320/AR.
No.
04-0321/AR.
No.
04-0322/AR.
No.
04-0323/AR.
INTERLOCUTORY ORDERS
No.
03-0224/AF.
No.
04-0256/MC.
No.
04-0264/AR.
No.
04-0293/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-091
PETITIONS FOR GRANT OF REVIEW FILED
No.
03-0659/NA.
No.
04-0305/AR.
No.
04-0306/AR.
No.
04-0307/AR.
No.
04-0308/NA.
No.
04-0309/AF.
No.
04-0310/AF.
No.
04-0311/AF.
No.
04-0312/AF.
No.
04-0313/AF.
No.
04-0314/AF.
No.
04-0315/AF.
No.
04-0316/AF.
__________
*/
Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-090
INTERLOCUTORY ORDERS
No.
01-0664/AR.
No.
03-0473/NA.
No.
04-0255/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-089
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0120/AR.
WHETHER THE
MILITARY JUDGE ERRED WHEN HE FAILED TO REVIEW EACH PROVISION OF
APPELLANT'S
PRETRIAL AGREEMENT AS REQUIRED BY UNITED STATES v. GREEN, 1
M.J. 453
(C.M.A. 1976), AND UNITED STATES v. KING, 3 M.J. 458 (C.M.A.
1977).
PETITIONS FOR GRANT OF REVIEW DENIED
No.
04-0182/AR.
No.
04-0198/AR.
No.
04-0205/AR.
No.
04-0207/AR.
No.
04-0222/AF.
No.
04-0223/AF.
No.
04-0225/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0304/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 04-8013/AR.
Dwight J. LOVING, Petitioner, v.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-088
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0303/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 04-8011/AR.
INTERLOCUTORY ORDERS
No.
03-0473/NA.
No.
03-0620/AR.
No.
04-0213/AR.
No.
04-0245/AR.
No.
04-6001/AF.
DAILY
JOURNAL
No.
04-087
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0433/CG.
I.
WHETHER A SUBORDINATE COMMANDER CAN BE SAID TO HAVE EXERCISED
INDEPENDENT
JUDGMENT WHEN THE COMMANDER'S THIRD LEVEL SUPERVISOR "FORCEFULLY"
ADVISED THE
COMMANDER THAT APPELLANT'S CHARGES WERE "TOO SERIOUS" TO BE HANDLED AT
NJP OR
SPECIAL COURT-MARTIAL AND "NEEDED TO BE HEARD ... BY AN UNLIMITED
TRIBUNAL."
II.
WHETHER APPELLANT WAS PREJUDICED WHEN THE INVESTIGATING OFFICER
VIOLATED UCMJ
ARTICLE 6(c) AND R.C.M. 405(d)(1) BY PROVIDING EX PARTE ADVICE TO BOTH
THE
CONVENING AUTHORITY AND THE STAFF JUDGE ADVOCATE UPON REMAND FROM THE
LOWER
COURT.
III.
WHETHER APPELLANT'S CONVICTION FOR ADULT, CONSENSUAL SODOMY VIOLATES
HIS VITAL
INTEREST IN
No.
03-0064/NA.
No.
04-0109/AR.
No.
04-0133/MC.
No.
04-0153/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0296/NA.
No.
04-0297/NA.
No.
04-0298/AF.
No.
04-0299/AF.
No.
04-0300/AF.
No.
04-0301/AF.
No.
04-0302/AF.
DAILY
JOURNAL
No.
04-086
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0293/AR.
No.
04-0294/AR.
No.
04-0295/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-085
HEARINGS
No.
03-0520/AR.
No.
03-0566/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
04-0126/AR.
No.
04-0137/AF.
No.
04-0139/AF.
No.
04-0146/AF.
No.
04-0163/AR.
No.
04-0174/AR.
No.
04-0175/AR.
No.
04-0183/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0292/AR.
INTERLOCUTORY ORDERS
No.
04-0240/AR.
__________
*/
It is
directed that the
promulgating order should be corrected
to reflect that the sentence was
adjudged on
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-084
PETITIONS FOR GRANT OF REVIEW DENIED
No.
04-0107/MC.
No.
04-0116/AF.
No.
04-0190/AR.
No.
04-0192/AR.
No.
04-0194/AF.
No.
04-0201/AR.
No.
04-0203/AF.
No.
04-0204/AF.
No.
04-0209/AF.
No.
04-0235/MC.
No.
04-0239/MC.
No.
04-0248/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0291/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-083
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0286/AR.
No.
04-0287/AR.
No.
04-0288/AR.
No.
04-0289/AR.
No.
04-0290/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 04-8009/NA.
INTERLOCUTORY ORDERS
No.
04-0067/MC.
No.
04-0090/MC.
No.
04-8005/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-082
PETITIONS FOR GRANT OF REVIEW FILED
No.
02-0505/AF.
No.
03-0141/AF.
No.
04-0279/AF.
No.
04-0280/AF.
No.
04-0281/AF.
No.
04-0282/AF.
No.
04-0283/AF.
No.
04-0284/AF.
No.
04-0285/AF.
INTERLOCUTORY ORDERS
No.
03-0259/AR.
No.
03-0473/NA.
No. 03-0473/NA.
INTERLOCUTORY ORDERS
No.
03-0614/NA.
No.
04-0218/MC.
____________
*/
Second petition
filed in each of these cases.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-081
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 04-8012/NA.
INTERLOCUTORY ORDERS
No.
03-0473/NA.
No.
04-0174/AR.
No.
04-5003/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-080
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0082/AF.
WHETHER,
IN LIGHT OF UNITED STATES v. WALTERS, 58 M.J. 391 (C.A.A.F.
2003), THE
AIR FORCE COURT ERRED IN AFFIRMING APPELLANT'S CONVICTION FOR
WRONGFULLY USING
COCAINE BECAUSE THERE WAS NO WAY TO KNOW WHICH USE OF COCAINE THE
MEMBERS FOUND
APPELLANT GUILTY OF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
03-0633/AF.
No.
04-0051/NA.
No.
04-0100/MC.
INTERLOCUTORY ORDERS
No.
03-0522/MC.
No.
04-0165/AR.
DAILY
JOURNAL
No.
04-079
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0278/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
04-078
PETITIONS FOR GRANT OF REVIEW DENIED
No.
03-0674/AR.
No.
03-0689/AR.
No.
04-0170/MC.
No.
04-0195/MC.
No.
04-0220/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0271/AR.
No.
04-0272/AR.
No.
04-0273/CG.
No.
04-0274/AF.
No.
04-0275/AF.
No.
04-0276/AF.
No.
04-0277/MC.
__________
1/
It is
directed that the
promulgating order be corrected to reflect that Appellant pleaded
guilty to and
was found guilty of Specification 5 of Charge I.
2/
It is
directed that the
promulgating order be corrected to reflect that the sentence was
adjudged on
3/
It is
directed that the
promulgating order be corrected to reflect that Appellant was found
guilty of
Charge IV and the specification thereunder
as
charged.