UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No.
06-061
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0232/AF.
No.
06-0233/AF.
No.
06-0234/AF.
No.
06-0235/NA.
INTERLOCUTORY ORDERS
No.
03-0538/MC.
No.
05-0506/NA.
No.
06-0068/MC.
No.
06-0069/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-060
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
No.
06-8001/MC.
Julius LETT, Petitioner, v.
INTERLOCUTORY ORDERS
No.
06-0143/AR.
No.
06-0144/AR.
No.
06-8001/MC.
Julius LETT, Petitioner v.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-059
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0229/AR.
No. 06-0230/NA.
No. 06-0231/AR.
INTERLOCUTORY ORDERS
No. 06-6001/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-058
CERTIFICATES FOR REVIEW FILED
No. 06-5004/AR.
WHETHER THE
UNITED STATES
ARMY COURT OF CRIMINAL APPEALS ERRED IN ORDERING THE DELETION OF THE
WORDS AND
FIGURES “WHILE RECEIVING SPECIAL PAY UNDER 37 U.S.C. § 310” FROM
SPECIFICATIONS
1 AND 2 OF THE CHARGE WHEN THE CONVENING AUTHORITY APPROVED THE
ADJUDGED
FINDINGS AND THE ARMY COURT AFFIRMED THE FINDINGS AND SENTENCE AS
APPROVED BY
THE CONVENING AUTHORITY.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0647/AR.
No. 06-0221/AR.
No. 06-0222/AR.
No. 06-0223/AR.
No. 06-0224/AR.
No. 06-0225/AF.
No. 06-0226/AF.
No. 06-0227/AF.
No. 06-0228/AF.
*Second petition
filed in
this case.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-057
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0220/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
06-8003/AR.
INTERLOCUTORY ORDERS
No. 06-0125/AR.
No. 05-0159/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-056
APPEALS - SUMMARY DISPOSITIONS
No. 05-0528/MC.
WHETHER
THE DECISION OF THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL
APPEALS SHOULD BE REVERSED IN LIGHT OF THIS COURT'S DECISION IN UNITED
STATES v. MARTINELLI, 62 M.J. 52 (C.A.A.F. 2005).
The decision of the United States Navy-Marine
Corps Court of Criminal Appeals is reversed and the findings of guilty
and the
sentence are set aside. The record of
trial is returned to the Judge Advocate General of the Navy. A rehearing may be ordered.
[See ORDERS GRANTING PETITION FOR REVIEW this
date.]
GIERKE,
Chief Judge (dissenting):
I dissent for the
reasons set forth in my opinion in United
States v. Martinelli, 62 M.J. 52, 68 (C.A.A.F. 2005) (Gierke, C.J.,
concurring in part/dissenting in part).
CRAWFORD,
Judge (dissenting):
I dissent for the
reasons set forth in my opinion in United
States v. Martinelli, 62 M.J. 52, 77 (C.A.A.F. 2005) (Crawford, J.,
dissenting).
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0528/MC.
No. 05-0594/AR.
WHETHER
APPELLANT'S DUE PROCESS RIGHT TO TIMELY REVIEW OF
HIS APPEAL HAS BEEN DENIED.
Briefs
will be filed under Rule 25.
CERTIFICATES FOR REVIEW FILED
No. 06-5003/AR.
WHETHER
THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ERRED IN ORDERING THE
DELETION
OF THE WORDS “ON DIVERS OCCASIONS” FROM SPECIFICATIONS 1 THROUGH 6 OF
CHARGE II
AND SPECIFICATIONS 1 AND 2 OF ADDITIONAL CHARGE I WHEN THE CONVENING
AUTHORITY
APPROVED THE ADJUDGED FINDINGS AND THE ARMY COURT AFFIRMED THE FINDINGS
AND
SENTENCE AS APPROVED BY THE CONVENING AUTHORITY.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0486/AF.
No.
06-0009/AF.
No.
06-0070/AR.
No.
06-0082/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0218/MC.
No.
06-0219/AR.
INTERLOCUTORY ORDERS
No.
05-0592/NA.
Appellant's
motion to attach document granted.
No.
06-0001/AR.
Appellant's
motion for leave to correct errata and submit additional matters
pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) granted.
No.
06-0113/AR.
Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to
No.
06-0131/AR.
Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-055
APPEALS - SUMMARY DISPOSITIONS
No. 05-0706/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0706/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0713/AF.
No.
06-0095/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0216/NA.
No.
06-0217/AF.
INTERLOCUTORY ORDERS
No.
05-0500/NA.
No.
06-0100/NA.
No.
06-0119/NA.
No.
06-0120/MC.
No.
06-0126/NA.
No.
06-0127/NA.
No.
06-0158/NA.
No.
06-6002/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-054
SUMMARY DISPOSITIONS
No. 04-0544/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0544/AF.
No. 05-0678/MC.
I.
WHETHER THE
NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS LACKED JURISDICTION TO
REVIEW THE
FINDINGS AND SENTENCE IN APPELLANT'S CASE PURSUANT TO ARTICLE 66(b)(1),
UNIFORM
CODE OF MILITARY JUSTICE, IN LIGHT OF THE CONVENING AUTHORITY'S
UNAMBIGUOUS
ACTION THAT DID NOT APPROVE APPELLANT'S ADJUDGED BAD-CONDUCT DISCHARGE.
II. WHETHER THE
NAVY-MARINE CORPS COURT OF
CRIMINAL APPEALS ERRED IN ACCEPTING THE NEW CONVENING AUTHORITY'S
ACTION AS A
COMPETENT CLARIFICATION OF WHETHER THE ORIGINAL CONVENING AUTHORITY HAD
INTENDED TO GRANT CLEMENCY.
III. WHETHER THE
NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS
ERRED AS A MATTER OF LAW IN DENYING RELIEF FOR EXCESSIVE POST-TRIAL
DELAY.
Briefs
will be filed under Rule 25.
No. 05-0683/MC.
I. WHETHER
THE ORDER
DIRECTING APPELLANT TO RECEIVE ANTHRAX VACCINE ABSORBED ON
II.
WHETHER THE ORDER DIRECTING APPELLANT TO RECEIVE THE
ANTHRAX
VACCINE VIOLATED HIS CONSTITUTIONALLY PROTECTED
III. WHETHER
APPELLANT'S DUE PROCESS RIGHT TO TIMELY REVIEW OF
HIS APPEAL HAS BEEN DENIED.
Briefs
will be filed under Rule 25 on Issue III only.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0609/MC.
No.
05-0613/AR.
No.
05-0690/AR.
No.
06-0020/AF.
No.
06-0025/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0214/AR.
No.
06-0215/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-053
APPEALS - SUMMARY DISPOSITIONS
No. 05-0310/AF.
On further
consideration of the granted issue, 61 M.J. 468, and on consideration
of
Appellant’s Motion to Remand for Fact-Finding, it is ordered that the
motion is
denied, and the decision of the United States Air Force Court of
Criminal
Appeals is reversed as to the Second Additional Charge and its
Specification,
but is affirmed in all other respects.
The findings of guilty to that charge and specification are set
aside,
and that charge and specification are dismissed. [See
INTERLOCULTORY ORDERS]
No. 05-0652/AR.
On
consideration of the petition for grant of review, it is ordered that
the
petition is granted on the following issue:
WHETHER
THE EVIDENCE AT TRIAL WAS LEGALLY SUFFICIENT TO SUPPORT APPELLANT'S
CONVICTION
FOR MAKING OR USING A FALSE WRITING IN CONNECTION WITH A CLAIM.
The
decision of the United States Army Court of Criminal Appeals as to
Charge III
and its Specification is reversed, but is affirmed in all other
respects. The findings of guilty as to
Charge III and
its Specification are set aside, and that charge and specification are
dismissed. [See ORDERS GRANTING PETITION
FOR REVIEW]
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0652/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0200/AR.
No.
06-0201/AR.
No.
06-0202/AF.
No.
06-0203/AF.
No.
06-0204/AF.
No.
06-0205/AF.
No.
06-0206/AF.
No.
06-0207/AF.
No.
06-0208/AF.
No.
06-0209/AF.
No.
06-0210/MC.
No.
06-0211/NA.
No.
06-0212/MC.
No.
06-0213/MC.
INTERLOCUTORY ORDERS
No.
05-0310/AF.
No.
06-0030/AR.
No.
06-0034/NA.
No.
06-0061/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-052
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0077/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
03-0022/AF.
No.
06-0192/AR.
No.
06-0193/AR.
No.
06-0194/AF.
No.
06-0195/AF.
No.
06-0196/AF.
No.
06-0197/AF.
No.
06-0198/AF.
No.
06-0199/NA.
INTERLOCUTORY ORDERS
No.
04-0246/AR.
No.
05-0521/MC.
No.
06-0096/AR.
______________
*
Second petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-051
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0322/MC.
WHETHER
THE
Briefs
will be filed under Rule 25.
No. 05-0353/NA.
WHETHER
THE LOWER COURT CORRECTLY APPLIED THIS COURT'S DECISION IN DIAZ v.
JUDGE
ADVOCATE GENERAL OF THE NAVY, 59 M.J. 34 (C.A.A.F. 2003) TO THE
FACTS OF
THIS CASE.
Briefs
will be filed under Rule 25.
No. 05-0440/AR.
WHETHER
THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING
APPELLANT'S
CONVICTION OF SPECIFICATION 3 OF CHARGE II FOR VIOLATING FORT HOOD
REGULATION
190-11 BY POSSESSING SHOTGUN SHELLS WHEN THAT REGULATION DID NOT
EXPRESSLY
PROHIBIT THE POSSESSION OF SUCH AMMUNITION.
Briefs
will be filed under Rule 25.
No. 05-0628/MC.
I.
WHETHER THE ORDER
DIRECTING APPELLANT TO RECEIVE ANTHRAX VACCINE ABSORBED ON
II. WHETHER THE
ORDER DIRECTING APPELLANT TO RECEIVE THE ANTHRAX
VACCINE VIOLATED HIS CONSTITUTIONALLY PROTECTED
No
briefs will be filed under Rule 25.
No. 05-0674/AR.
WHETHER
THE MILITARY JUDGE ERRED IN HIS ACCEPTING THE APPELLANT'S PLEA OF
GUILTY TO AN
AWOL PERIOD FROM 24 JULY 2001 TO 31 MARCH 2004 WHEN, IN SENTENCING,
APPELLANT
INDICATED THAT HE RETURNED OR ATTEMPTED TO RETURN TO MILITARY CONTROL
ON THREE
SEPARATE OCCASIONS DURING THE CHARGED PERIOD OF UNAUTHORIZED ABSENCE.
Briefs
will be filed under Rule 25.
No. 05-0682/MC.
I.
WHETHER THE ORDER
DIRECTING APPELLANT TO RECEIVE ANTHRAX VACCINE ABSORBED ON
II.
WHETHER THE ORDER DIRECTING APPELLANT TO RECEIVE THE
ANTHRAX
VACCINE VIOLATED HIS CONSTITUTIONALLY PROTECTED
III. WHETHER
APPELLANT'S DUE PROCESS RIGHT TO TIMELY REVIEW OF
HIS APPEAL HAS BEEN DENIED.
Briefs
will be filed under Rule 25 on Issue III only.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0032/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0188/AR.
No.
06-0189/AR.
No.
06-0190/AR.
No.
06-0191/NA.
INTERLOCUTORY ORDERS
No.
04-0219/MC.
Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to
No.
05-0453/MC.
Appellant's
motion to extend time to file a brief granted up to and including
No.
06-0040/AF.
Appellant's
motion to submit documents denied.
No.
06-0071/NA.
Appellant’s
motion to attach granted.
No.
06-0090/AR.
Appellant's
motion to extend the time to file the supplement to the petition for
grant of
review granted to
No.
06-0093/NA.
Appellant's
motion to correct errata granted.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-050
APPEALS - SUMMARY DISPOSITIONS
No. 02-0498/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 02-0498/AF.
No.
05-0533/AR.
No.
05-0614/MC.
No.
05-0765/AR.
No.
05-0773/AR.
No.
05-0778/NA.
No.
06-0012/AR.
No.
06-0054/AF.
No.
06-0065/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0185/AR.
No.
06-0186/AR.
No.
06-0187/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-049
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0421/NA.
WHETHER
THE
Briefs will be filed under Rule 25.
No. 05-0538/AR.
WHETHER
THE DILATORY POST-TRIAL PROCESSING OF THE INSTANT CASE WARRANTS RELIEF
WHEN IT
TOOK 213 DAYS FOR THE CONVENING AUTHORITY TO TAKE ACTION ON A 109-PAGE
RECORD
OF TRIAL AND THE STAFF JUDGE ADVOCATE FAILED TO RESPOND MEANINGFULLY TO
APPELLANT'S INITIAL REQUEST FOR RELIEF. UNITED STATES v. COLLAZO, 53 M.J. 721 (A. CT.
CRIM. APP.
1996); UNITED STATES v. BAUERBACK, 55 M.J.
501 (A. CT. CRIM. APP. 2001).
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0623/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0184/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-048
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0569/AF.
No.
05-0685/NA.
No.
06-0044/MC.
No.
06-0046/AR.
No.
06-0047/AR.
No.
06-0086/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0179/AR.
No.
06-0180/AR.
No.
06-0181/AR.
No.
06-0182/AF.
No.
06-0183/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 05-8044/NA.
INTERLOCUTORY ORDERS
No.
03-0620/AR.
No.
05-0278/MC.
No.
05-0506/NA.
No.
05-0745/AR.
No.
05-0749/AR.
No.
06-0079/AR.
No.
06-0085/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-047
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0445/AF.
A.
WHETHER THE
MILITARY JUDGE ERRED BY NOT GRANTING TWO DEFENSE CHALLENGES FOR CAUSE
AGAINST A
MEMBER WHOSE DAUGHTER HAD BEEN RAPED FIVE YEARS EARLIER AND A MEMBER
WHO HAD
FREQUENT INTERACTION WITH THE ALLEGED RAPE VICTIM;
B.
WHETHER IT IS
APPROPRIATE TO APPLY WAIVER WHERE THE DEFENSE USED ITS PEREMPTORY
CHALLENGE
AGAINST ONE OF THE TWO MEMBERS CHALLENGED FOR CAUSE AND, DURING
CLEMENCY, MADE
IT CLEAR THAT IT WOULD HAVE USED THAT PEREMPTORY CHALLENGE ON THE OTHER
CHALLENGED MEMBER BUT FOR THE MILITARY JUDGE'S ERROR;
C.
WHETHER - IF
WAIVER APPLIES - TRIAL DEFENSE COUNSEL PROVIDED INEFFECTIVE ASSISTANCE
OF
COUNSEL BY NOT PROPERLY PRESERVING THE CHALLENGES FOR CAUSE.
II. WHETHER THE
MILITARY JUDGE ERRED BY APPLYING MRE 412 TO SUPPRESS DEFENSE EVIDENCE
OF THE
ALLEGED VICTIM'S MOTIVE TO LIE AND PRIOR SEXUAL BEHAVIOR WITH APPELLANT.
III. WHETHER THE
MILITARY JUDGE ERRED BY DENYING A DEFENSE
MOTION TO SUPPRESS A WRITTEN CONFESSION TO THE AIR FORCE OFFICE OF
SPECIAL
INVESTIGATIONS (AFOSI) WHERE - PRIOR TO AN IMMINENT INTERROGATION -
APPELLANT
USED A THIRD PARTY TO INVOKE HIS RIGHTS TO REMAIN SILENT AND REQUEST
COUNSEL.
IV. WHETHER THE MILITARY
JUDGE ERRED BY NOT PROVIDING THE MEMBERS A MISTAKE-OF-FACT INSTRUCTION
WHERE
SOME EVIDENCE RAISED THE AFFIRMATIVE DEFENSE BUT APPELLANT'S COUNSEL
DID NOT
RELY ON THAT THEORY.
V.
WHETHER THE
EVIDENCE IS LEGALLY SUFFICIENT TO CONVICT APPELLANT OF RAPE WHERE THE
ALLEGED
VICTIM CLAIMED TO SLEEP THROUGH THE ENTIRE INCIDENT EVEN THOUGH SHE WAS
NOT
DRUNK, DRUGGED, OR SUFFERING FROM A SLEEP DISORDER.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0176/NA.
No.
06-0177/MC.
No.
06-0178/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-046
HEARINGS
No.
04-0246/AR.
No.
05-0521/MC.
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0550/MC.
I.
WHETHER THE COURT
OF CRIMINAL APPEALS ERRED BY HOLDING THAT THERE WAS NO REASONABLE
PROBABILITY
THAT THE RESULT OF THE PROCEEDING WOULD HAVE BEEN DIFFERENT BUT FOR
DEFENSE
COUNSEL'S INEFFECTIVE ASSISTANCE IN FAILING TO OBJECT TO THE ADMISSION
OF
VARIOUS DOCUMENTS IN THE APPELLANT'S SERVICE RECORD BOOK.
II. WHETHER THE COURT
OF CRIMINAL APPEALS ERRED BY HOLDING THAT APPELLANT WAS NOT MATERIALLY
PREJUDICED BY THE MILITARY JUDGE'S PLAIN ERROR IN ADMITTING INTO
EVIDENCE
VARIOUS DOCUMENTS IN APPELLANT'S SERVICE RECORD BOOK.
III. WHETHER THE
COURT OF CRIMINAL APPEALS ERRED BY HOLDING THAT APPELLANT WAS NOT
MATERIALLY
PREJUDICED BY THE MILITARY JUDGE'S PLAIN ERROR IN INSTRUCTING THE PANEL
THAT IT
COULD SENTENCE THE APPELLANT TO A DISHONORABLE DISCHARGE.
Briefs will be filed under Rule 25.
No. 05-0634/MC.
WHETHER
THE LOWER COURT ERRED WHEN IT HELD THAT THE FAILURE OF THE CONVENING
AUTHORITY
TO ISSUE A VALID ACTION FOR FIVE YEARS THAT RESULTED IN APPELLANT'S
LACK OF
ELIGIBILITY TO APPEAR BEFORE THE NAVY CLEMENCY AND PAROLE BOARD DURING
HIS
FIVE-YEAR PRISON SENTENCE DID NOT PRESENT A COLORABLE SHOWING OF
PREJUDICE
REQUIRED FOR A VIOLATION OF DUE PROCESS.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0580/AF.
No.
05-0591/MC.
No.
05-0645/AF.
No.
05-0677/AR.
No.
05-0758/NA.
No.
06-0002/AR.
No.
06-0007/AF.
No.
06-0014/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0174/NA.
No.
06-0175/AR.
INTERLOCUTORY ORDERS
No.
05-0510/AF.
No.
06-0078/AR.
No.
06-5001/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-045
HEARINGS
No.
05-0127/MC.
No.
05-0263/MC.
No.
05-0374/AF.
No.
05-0462/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0018/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0160/AR.
No.
06-0170/AR.
No.
06-0171/AR.
No.
06-0172/AR.
No.
06-0173/AF.
INTERLOCUTORY ORDERS
No.
00-0679/AR.
____________
1/
Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-044
HEARINGS
No.
05-0262/AR.
Nos.
05-0274/MC & 05-5001/MC.
CCA 9801632
No.
05-0363/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0168/AR.
No.
06-0169/AR.
INTERLOCUTORY ORDERS
No.
05-0300/NA.
No.
05-0471/AR.
No.
05-0478/NA.
No.
05-0605/NA.
No.
05-0691/AR.
No.
06-0072/AR.
No.
06-0093/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-043
PETITIONS FOR GRANT OF REVIEW FILED
No.
00-0252/AR.
No.
06-0164/AR.
No.
06-0165/AR.
No.
06-0166/AR.
No.
06-0167/AR.
____________
1/
Second petition
filed in this
case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-042
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0019/AR.
No.
06-0021/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0379/AR.
No.
06-0163/MC.
____________
1/
Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-041
APPEALS - SUMMARY DISPOSITIONS
No. 03-0478/AR.
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. 05-0427/AR.
consideration
of the petition for grant of review of the decision of the United
States Army
Court of Criminal Appeals, said petition is granted on the following
issue:
WHETHER,
TO THE SUBSTANTIAL PREJUDICE OF APPELLANT, THE TRIAL DEFENSE COUNSEL
PROVIDED
INEFFECTIVE ASSISTANCE OF COUNSEL TO APPELLANT IN THE POST-TRIAL PHASE
WHEN HE
FAILED TO: (A) OBTAIN APPELLANT'S
INFORMED CONSENT FOR THE SPECIFIC REQUEST FOR POST-TRIAL CLEMENCY; (B)
ALLOW
APPELLANT AN OPPORTUNITY TO PROVIDE ALLIED DOUCMENTS IN THE CLEMENCY
REQUEST,
INCLUDING A STATEMENT ON HIS OWN BEHALF; (C) SHARE WITH APPELLANT THE
STAFF
JUDGE ADVOCATE'S RECOMMENDATION; (D) KEEP APPELLANT INFORMED AS TO WHEN
POST-TRIAL MATTERS WERE DUE, PROVIDE ADVICE ON HOW TO SEEK CLEMENCY,
AND
PROVIDE A COPY OF MATERIALS SUBMITTED ON HIS BEHALF; AND (E) INFORM THE
CONVENING AUTHORITY OF THE IMPACT OF A PUNITIVE DISCHARGE ON
APPELLANT'S
POTENTIAL RETIREMENT BENEFITS IN LIGHT OF APPELLANT'S INDEFINITE
ENLISTMENT
STATUS AND YEARS OF ACTIVE SERVICE.
The decision of the United States Army
Court of Criminal Appeals is set aside.
The record of trial is returned to the Judge Advocate General of
the
Army for remand to that court to obtain an affidavit from trial defense
counsel
that responds to Appellant’s allegation of ineffective assistance of
counsel. Under Article 66(c), Uniform
Code of Military Justice (UCMJ), 10 U.S.C. § 866(c) (2000), the Court
of
Criminal Appeals shall review its original decision on the granted
issue in
light of the affidavit and any other relevant matters.
See
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0478/AR.
No. 05-0427/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0162/AR.
INTERLOCUTORY ORDERS
No.
06-0067/MC.
No.
06-0068/MC.
No.
06-0069/NA.