UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-162
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0523/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-161
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0510/AF.
No.
05-0511/AF.
No.
05-0512/AF.
No.
05-0513/AF.
No.
05-0514/AF.
No.
05-0515/AF.
No.
05-0516/AF.
No.
05-0517/AF.
No.
05-0518/AF.
No.
05-0519/AF.
No.
05-0520/AF.
No.
05-0521/MC.
No.
05-0522/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-160
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
05-0429/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0509/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 05-8030/MC.
Jessie A. QUINTANILLA, Petitioner, v.
INTERLOCUTORY ORDERS
No.
05-0270/NA.
DAILY
JOURNAL
No.
05-159
PETITIONS FOR GRANT OF REVIEW FILED
No. 05-0508/MC.
INTERLOCUTORY ORDERS
No. 04-0382/AF.
On
consideration of the motions filed by Lieutenant Colin A. Kisor for
leave to
withdraw as appellate defense counsel in the cases listed below, and it
appearing that the Judge Advocate General of the Navy has assigned
another
counsel, said motions are granted in the following cases:
No. 04-0801/MC.
No. 05-0010/MC.
No. 05-0058/NA.
No. 05-0156/NA.
No. 05-0236/MC.
No. 05-0278/MC.
No. 05-0287/MC.
No. 05-0341/NA.
No. 05-0353/NA.
No. 05-6001/MC.
No. 05-0004/AR.
No. 05-0242/AR.
No. 05-0426/AR.
No. 05-0427/AR.
No. 05-0431/MC.
Appellant's
motion to attach granted.
No. 05-0433/NA.
No. 05-0434/MC.
No. 05-0459/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-158
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0578/AR.
I.
WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED IN SUMMARILY
AFFIRMING
APPELLANT'S CONVICTION UNDER THE CHILD PORNOGRAPHY PROTECTION ACT
(CPPA), 18
U.S.C. § 2251 et seq. (2000), DESPITE THE PRESENTATION OF
UNCONSTITUTIONALLY
OVERBROAD INSTRUCTIONS TO THE PANEL THAT, WHEN COUPLED WITH THE
EVIDENCE IN THE
RECORD, PERMITTED THE PANEL TO CONVICT APPELLANT ON BOTH A
CONSTITUTIONAL AND
UNCONSTITUTIONAL BASIS.
II. WHETHER APPELLANT'S CONVICTION UNDER THE CPPA IS NOT
SUPPORTED BY
LEGALLY SUFFICIENT EVIDENCE WHERE NO EVIDENCE WAS INTRODUCED AT TRIAL
THAT THE
DEPICTIONS WERE, IN FACT, PRODUCED BY USING REAL CHILDREN AS REQUIRED
BY UNITED
STATES v. O'CONNOR, 58 M.J. 450 (C.A.A.F. 2003).
PETITIONS FOR GRANT OF REVIEW FILED
No. 05-0507/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-157
PETITIONS FOR GRANT OF REVIEW FILED
No. 05-0501/AR.
No. 05-0502/AR.
No. 05-0503/AF.
No. 05-0504/AF.
No. 05-0505/MC.
No. 05-0506/NA.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
05-8031/AR.
John W. PYLES, Petitioner, v.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
05-8031/AR.
John W. PYLES, Petitioner, v.
INTERLOCUTORY ORDERS
On
consideration of the motions filed by Lieutenant Elysia G. Ng for leave
to
withdraw as appellate defense counsel in the cases listed below, and it
appearing that the Judge Advocate General of the Navy has assigned
another
counsel, said motions are granted in the following cases:
No. 04-0218/MC.
No. 04-8020/NA.
Kenneth G. PARKER, Petitioner, v.
No. 05-0274/MC.
No. 05-8030/MC.
Jessie A. QUINTANILLA, Petitioner, v.
No. 05-0405/NA.
No. 05-0424/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-156
APPEALS - SUMMARY DISPOSITIONS
No. 05-0198/AR.
WHETHER
THE ARMY COURT ERRONEOUSLY DISPOSED OF APPELLANT'S CLAIM OF POST-TRIAL
INEFFECTIVE ASSISTANCE OF COUNSEL WITHOUT ANALYZING THE MERITS OF
WHETHER
APPELLANT RECEIVED EFFECTIVE ASSISTANCE OF COUNSEL WHERE HIS ATTORNEY
FAILED
TO: (1) ALLOW HIM THE OPPORTUNITY TO SUBMIT MATTERS WITH THE CLEMENCY
PETITION;
AND (2) CONSULT WITH APPELLANT REGARDING THE MATTERS THAT HE INTENDED
TO SUBMIT
AND THE SPECIFIC RELIEF HE INTENDED TO REQUEST ON APPELLANT'S BEHALF.
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 the trial defense
counsel
responding to Appellant’s allegation of ineffective assistance of
counsel. In the course of conducting its
new review
under Article 66(c), Uniform Code of Military Justice, 10 U.S.C. §
866(c)
(2000), the Court of Criminal Appeals shall review the trial defense
counsel’s
affidavit and any other relevant matters.
See
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0198/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0035/AF.
No.
05-0052/NA.
No.
05-0096/AF.
No.
05-0362/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0495/AR.
No.
05-0496/AF.
No.
05-0497/AF.
No.
05-0498/AF.
No.
05-0499/AF.
No.
05-0500/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-155
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0494/AR.
INTERLOCUTORY ORDERS
No.
04-0711/MC.
No.
05-0240/MC.
No.
05-0266/MC.
No.
05-0393/NA.
No.
05-0415/AR.
MANDATES ISSUED
No.
04-5002/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-154
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0331/AR.
No.
05-0354/AR.
No.
05-0380/AF.
No.
05-0391/AF.
INTERLOCUTORY ORDERS
No.
03-0620/AR.
No.
04-0470/AR.
No.
05-0052/NA.
No.
05-0161/MC.
No.
05-0271/NA.
No.
05-0310/AF.
No.
05-0406/NA.
No.
05-0408/AR.
No.
05-0420/MC.
No.
05-0421/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-153
HEARINGS
No.
05-6002/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0490/AR.
No.
05-0491/AR.
No.
05-0492/MC.
No.
05-0493/MC.
MANDATES ISSUED
No.
03-0638/CG.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-152
PETITIONS FOR GRANT OF REVIEW FILED
No.
03-0478/AR.
No.
05-0483/AR.
No.
05-0484/AF.
No.
05-0485/AF.
No.
05-0486/AF.
No.
05-0487/AF.
No.
05-0488/AF.
No.
05-0489/MC.
INTERLOCUTORY ORDERS
No.
04-0797/AR.
____________
*/
Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-151
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0479/AF.
No.
05-0480/AF.
No.
05-0481/AF.
No.
05-0482/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-150
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0148/AF.
WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS HAS MISAPPLIED THIS COURT'S
HOLDING IN UNITED
STATES v. STRINGFELLOW, 32 M.J. 335 (C.M.A. 1991), IN GUILTY PLEA
CASES
WHERE AN ACCUSED IS CHARGED WITH KNOWING INGESTION OF A CONTROLLED
SUBSTANCE
AND IS SEPARATELY CHARGED WITH THE SIMULTANEOUS BUT UNKNOWING INGESTION
OF
ANOTHER CONTROLLED SUBSTANCE.
No
briefs will be filed under Rule 25.
No. 05-0244/MC.
WHETHER
THE
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0118/MC.
No.
05-0177/AR.
No.
05-0308/AF.
No.
05-0312/AR.
No.
05-0328/AF.
No.
05-0357/AR.
No.
05-0359/AR.
No.
05-0361/AR.
No.
05-0369/AF.
No.
05-0395/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0476/AR.
No.
05-0477/AR.
No.
05-0478/NA.
PETITIONS FOR NEW TRIAL - FILINGS
No.
05-0307/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-149
PETITIONS FOR RECONSIDERATION DENIED
No.
04-0724/AR.
INTERLOCUTORY ORDERS
No.
03-0590/AR.
No.
05-0118/MC.
No.
05-0400/AR.
No.
05-0404/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-148
APPEALS - SUMMARY DISPOSITIONS
No. 01-0295/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 01-0295/AR.
No. 05-0255/AF.
WHETHER
APPELLANT'S GUILTY PLEA TO SPECIFICATION 4 OF THE CHARGE WAS
IMPROVIDENT WHERE,
DURING THE
INTERLOCUTORY ORDERS
No.
04-0240/AR.
No.
05-0396/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-147
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0469/CG.
No.
05-0470/AR.
No.
05-0471/AR.
No.
05-0472/AR.
No.
05-0473/AR.
No.
05-0474/AR.
No.
05-0475/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-146
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0103/MC.
I.
WHETHER THE MILITARY JUDGE ERRED WHEN HE
DECLINED TO GIVE APPELLANT SENTENCING CREDIT FOR A PREVIOUS NONJUDICIAL
PUNISHMENT FOR REFUSING TO RECEIVE ANTHRAX VACCINE ABSORBED IN
ACCORDANCE WITH UNITED
STATES v. PIERCE, 27 M.J. 367 (C.M.A. 1989).
II.
WHETHER THE ORDER DIRECTING APPELLANT TO
RECEIVE ANTHRAX VACCINE ABSORBED ON
Briefs will be filed under Rule 25 on Issue
I only.
No. 05-0149/AR.
WHETHER THE
MILITARY JUDGE ERRED BY RESTRICTING THE CONTENT
OF APPELLANT'S UNSWORN STATEMENT.
No briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
04-0763/AF.
No.
05-0152/AR.
No.
05-0295/NA.
No.
05-0337/AR.
No.
05-0342/AR.
No.
05-0352/AF.
No.
05-0356/AR.
No.
05-0372/AF.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
05-0330/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0461/AF.
No.
05-0462/AF.
No.
05-0463/AF.
No.
05-0464/AF.
No.
05-0465/AF.
No.
05-0466/AF.
No.
05-0467/AF.
No.
05-0468/NA.
INTERLOCUTORY ORDERS
No. 04-0246/AR.
WHETHER THE ORDER
THAT APPELLANT SUBMIT TO AN ANTHRAX
VACCINATION ON
No.
04-0698/MC.
No.
04-0721/AF.
No.
05-0277/NA.
No.
05-0382/NA.
No.
05-0392/NA.
No.
05-0393/NA.
No.
05-8030/NA.
Jessie A. QUINTANILLA, Petitioner, v.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-145
ORDERS GRANTING PETITION FOR REVIEW
No. 05-6002/NA.
WHETHER THE
NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS
ERRED BY APPLYING THE WRONG STANDARD OF REVIEW WHEN IT REVERSED
THE
MILITARY JUDGE’S DECISION TO DISMISS THE CHARGE AND SPECIFICATION WITH
PREJUDICE.
It is further ordered that the
above-entitled action be called for hearing at
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0460/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-144
HEARINGS
No.
04-0559/AR.
No.
05-0068/NA.
No.
05-0139/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0456/AR.
No.
05-0457/AR.
No.
05-0458/MC.
No.
05-0459/AF.
INTERLOCUTORY ORDERS
No.
02-0498/AF.
No.
04-0711/MC.
No.
05-0004/AR.
No.
05-0117/MC.
No.
05-0322/MC.
No.
05-0325/NA.
No.
05-0377/AR.
No.
05-0385/AR.
No.
05-0386/AR.
Appellant's
motion
to extend time to file supplement to petition for grant of review
granted to
No.
05-0389/AR.
No.
05-0390/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-143
HEARINGS
No.
04-0567/AF.
No.
04-0721/AF.
No.
04-0756/MC.
No.
05-0044/AF.
No.
05-0047/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0454/AR.
No.
05-0455/AR.
MANDATES ISSUED
No.
04-0480/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
05-142
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0448/AR.
No.
05-0449/AR.
No.
05-0450/AR.
No.
05-0451/AR.
No.
05-0452/AR.
No.
05-0453/MC.