DAILY
JOURNAL
No.
06-228
Thursday, August
31, 2006
PETITIONS FOR GRANT OF
REVIEW FILED
No.
06-0895/AR.
U.S. v. Justin J.
LILLIS.
CCA 20041195.
INTERLOCUTORY ORDERS
No.
06-0294/AR.
U.S. v. Lamel D.
BURLESON.
CCA 20020262. On
consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal
Appeals and Appellant's
motion to hold case in abeyance, it is noted that an issue has been
raised
concerning Appellant’s mental competence.
Accordingly, it is ordered that the record of trial be returned
to the
Judge Advocate General of the Army for transmission to the United
States Army
Court of Criminal Appeals. The Army
Court of Criminal Appeals will determine the following: (1) whether
Appellant
was competent at the time of its decision; (2) whether Appellant is
competent
at the present time; and (3) if Appellant is not currently competent,
who is
acting in his behalf. Thereafter, after
making that determination and taking appropriate action thereon, the
complete
record of trial shall be forwarded to the Judge Advocate General of the
Army,
who will return it directly to this Court.
No.
06-0814/AR.
U.S. v. Ronnie W.
KEITH, Jr.
CCA 20040455. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 29, 2006.
DAILY
JOURNAL
No.
06-227
Wednesday, August
30, 2006
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0627/AR.
U.S. v. George L.
HUBBARD.
CCA 20040778.
No.
06-0669/AR.
U.S. v. Glenn C.
MENDOZA.
CCA 20040443.
No.
06-0681/AR.
U.S. v. Christopher
D. TRAVIS.
CCA 20050579.
No.
06-0712/AR.
U.S. v. James C.
SIRMANS.
CCA 20051018.
No.
06-0726/AR.
U.S. v. Daryl G.
PIERRIE.
CCA 20020853.
No.
06-0732/AF.
U.S. v. Timothy M.
GARNER.
CCA S30864.
No.
06-0743/AR. U.S. v. Pablo A.
ARISTA.
CCA 20050873.
No.
06-0755/AF.
U.S. v. Sheron
PAULDING.
CCA 36286.
No.
06-0757/AF.
U.S. v. Andrew B.
CARROLL.
CCA 36225.
No.
06-0769/NA.
U.S. v. Marlon J.
MOORE.
CCA 200501418.
INTERLOCUTORY ORDERS
No.
06-0801/AR.
U.S. v. Brannon C.
JOHNSON.
CCA 20021156.
Appellant's
motion to extend time to file supplement to petition for grant of
review
granted to September 29, 2006.
MANDATES ISSUED
No.
03-0086/AR.
U.S. v. Stanley E. EDMOND.
CCA 9900904.
No.
05-0127/MC.
U.S. v. Jeffrey G.
TOOHEY.
CCA 200001621.
No.
05-0445/AF.
U.S. v. Eric J
LEONARD.
CCA 35444.
No.
06-0027/AF.
U.S. v. Michael P.
JENKINS.
CCA 35699.
DAILY
JOURNAL
No.
06-226
Tuesday, August
29, 2006
INTERLOCUTORY ORDERS
No.
06-0109/NA.
U.S. v. Christopher
B. DURFEE.
CCA 9901453.
Appellant's
motion to attach granted.
No.
06-0677/AR.
U.S. v. Steven M.
DIXON.
CCA 20051182.
Appellant's
motion for leave to file supplement to petition for grant of review out
of time
granted.
MANDATES ISSUED
No.
03-0620/AR.
U.S. v. William T.
LUNDY.
CCA 20000069.
No.
05-0235/NA.
U.S. v. Reginold D.
ALLISON.
CCA 200000637.
No.
05-0322/MC.
U.S. v. Ronald H.
BARNETT, Jr.
CCA 9901313.
No.
05-0551/MC.
U.S. v. Justin M.
LEWIS.
CCA 200200089.
No.
05-0650/MC.
U.S. v. Keith B.
WASHINGTON.
CCA 200101011.
DAILY
JOURNAL
No.
06-225
Monday, August
28, 2006
PETITIONS FOR GRANT OF REVIEW FILED
No.
03-0128/AF.
U.S. v. Gregory P.
BANKER.
CCA 34531.1/
No.
04-0480/AF.
U.S. v. Michael J.
SONEGO.
CCA S30216.2/
No.
06-0557/AF.
U.S. v. Ricky A.
COUNCIL.
CCA S30717.3/
No.
06-0883/AR.
U.S. v. Gregory C.
CHURCH, Jr.
CCA 20010509.
No.
06-0884/AR.
U.S. v. Robert D.
GRAHAM.
CCA 20040301.
No.
06-0885/AR.
U.S. v. Donte J.
GREEN.
CCA 20050868.
No.
06-0886/AR.
U.S. v. Joseph M.
MEEKS.
CCA 20040512.
No.
06-0887/NA.
U.S. v. Augusto A.
CREDO.
CCA 200600151.
No.
06-0888/AR.
U.S. v. Douglas H.
BISSELL.
CCA 20031027.
No.
06-0889/AR. U.S. v. Daniel BAZAN.
CCA 20030175.
No.
06-0890/AF.
U.S. v. John M.
CONAWAY.
CCA 36300.
No.
06-0891/AF.
U.S. v. Kenneth J.
DAVIS.
CCA S30657.
No.
06-0892/AF.
U.S. v. Sheridan R. FERRELL II.
CCA 35581.
No.
06-0893/AF.
U.S. v. Marcus K.
MCLAURIN.
CCA S30371.
No.
06-0894/AF.
U.S. v. Bruce G.
PITTMAN II.
CCA 36379.
INTERLOCUTORY ORDERS
No.
98-0617/AR.
U.S. v. Thomas D.
MORRISON.
CCA 9600461. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 25, 2006.
____________
1/
Second petition
filed in this case.
2/
Second petition
filed in this case.
3/
Second petition
filed in this case.
DAILY
JOURNAL
No.
06-224
Friday, August
25, 2006
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0877/AF.
U.S. v. Michael P.
ABELE.
CCA 36383.
No.
06-0878/AF.
U.S. v. Michelle D.
LEWIS.
CCA S30847.
No.
06-0879/AF.
U.S. v. Angelica R.
REYNA.
CCA S30829.
No.
06-0880/AR.
U.S. v. Derrick M.
ROBINSON.
CCA 20040479.
No.
06-0881/MC.
U.S. v. Todd E.
JAMESON.
CCA 200401438.
No.
06-0882/MC.
U.S. v. Michael J.
DUNN.
CCA 200201707.
DAILY
JOURNAL
No.
06-223
Thursday, August
24, 2006
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0455/AR.
U.S. v. Gerard T.
KARYEAH.
CCA 20010779.
No.
06-0498/AR.
U.S. v. Alphonso L.
SIMMONS, Jr.
CCA 20011090.
No.
06-0562/AF.
U.S. v. Jeffrey MCRAE.
CCA 36052.
No.
06-0716/AF.
U.S. v. Michael J.
HENDRICKSON.
CCA S30653.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0873/AR.
U.S. v. Jonathan W.
WORTMAN.
CCA 20041080.
No.
06-0874/AR.
U.S. v. Teodulo R.
GONZALEZ.
CCA 20050834.
No.
06-0875/AR.
U.S. v. Lillie MORGAN.
CCA 20020360.
No.
06-0876/MC.
U.S. v. Jonathan J.
SIMMONS.
CCA 200500944.
INTERLOCUTORY ORDERS
No.
06-0785/AR.
U.S. v. Troy L. CORNWELL.
CCA 20040594. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 21, 2006.
No.
06-0786/MC.
U.S. v. James D.
MUHAMMAD.
CCA 200400030. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 25, 2006.
No.
06-0789/AR.
U.S. v. Daniel J.
GORDON.
CCA 20040330. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 25, 2006.
DAILY
JOURNAL
No.
06-222
Wednesday, August
23, 2006
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0872/AR.
U.S. v. Perry B.
MONROE, II.
CCA 20040058.
DAILY
JOURNAL
No.
06-221
Tuesday, August
22, 2006
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0571/AF. U.S. v. Christopher
S. BARRETT.
CCA
35790.
Review granted on the following issue:
WHETHER THE
MILITARY JUDGE'S
FAILURE TO PROPERLY INSTRUCT THE MEMBERS IN FINDINGS AND HER SUBSEQUENT
DECISION TO CONVENING A PROCEEDING IN REVISION MATERIALLY PREJUDICED
APPELLANT'S SUBSTANTIVE RIGHTS AND WAS CONTRARY TO THIS HONORABLE
COURT'S
HOLDINGS IN UNITED STATES v. WALTERS, 58 M.J. 391 (C.A.A.F.
2003), UNITED
STATES v. THOMPSON, 59 M.J. 432 (C.A.A.F. 2004), UNITED STATES
v. SEIDER,
60 M.J. 36 (C.A.A.F. 2004), AND UNITED STATES v. AUGSPERGER, 61
M.J. 189
(C.A.A.F. 2005).
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0870/AR.
U.S. v.
Alexander N. WILSON.
CCA
20040227.
No. 06-0871/MC.
U.S. v.
Ricardo CONCHA.
CCA 200600109.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
06-8019/NA.
Jessie A. QUINTANILLA, Appellant, v. United States and Commandant, United States Disciplinary
Barracks,
Appellees. CCA
9801632. Writ-appeal petition
denied as moot.
Misc. No.
06-8022/AF.
United States, Appellee, v.
Steven T.
BISHOP, Appellant. CCA
2006-04. On consideration of the
writ-appeal petition and Appellant’s motion to stay proceedings, said
motion is
denied; and the petition is hereby denied without prejudice to
Appellant’s
right to raise the same or similar issues following future proceedings.
PETITIONS FOR RECONSIDERATION DENIED
No. 03-0620/AR.
United States, Appellee, v.
William T.
LUNDY, Appellant. CCA
20000069. Appellant's petition
for reconsideration of this Court’s decision, 63 M.J. 299 (C.A.A.F.
2006),
denied.
INTERLOCUTORY ORDERS
No. 06-0772/AR.
U.S. v.
Michael D. LUTZ.
CCA 20030792. Appellant's
motion to extend time to file
supplement to petition for grant of review granted to September 20, 2006.
DAILY
JOURNAL
No.
06-220
Monday, August
21, 2006
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0427/AR. U.S. v. Darrell L.
LAWRENCE.
CCA
20030471.
Review granted on the following issue personally
asserted by Appellant:
WHETHER
IMPOSITION OF
MANDATORY SUPERVISED RELEASE (MSR) VIOLATED APPELLANT'S DUE PROCESS
RIGHTS
BECAUSE THE MILITARY JUDGE DID NOT ANNOUNCE THE PERIOD OF SUCH RELEASE
OR ITS
CONDITIONS AT SENTENCING.
No briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0038/AF.
U.S. v. Tamika
L. BARKER.
CCA 35560.
No. 06-0544/AF.
U.S. v.
Bennett J. FOX.
CCA 35912.
No. 06-0609/AR.
U.S. v. Todd
G. HERMAN.
CCA 20031298.
No. 06-0622/AR.
U.S. v.
Jonathan C. PARKER.
CCA
20050751.
No. 06-0698/AR.
U.S. v. James
E. COMBS, III.
CCA 20050388.
No. 06-0706/AF.
U.S. v. Rodney
C. WILLIAMS.
CCA S30754.
No. 06-0717/AF.
U.S. v. Jeremy
C. MIDKIFF.
CCA S30891.
No. 06-0719/AF.
U.S. v. Omar
H. VILLANUEVA.
CCA 36343.
No. 06-0725/AR.
U.S. v. Wesley
FOSTER.
CCA 20030645.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0863/AR.
U.S. v.
Brandon M. RESCH.
CCA 20030587.
No. 06-0864/AR.
U.S. v.
Torrence N. GREEN.
CCA 20050245.
No. 06-0865/AR.
U.S. v.
Charles R. WILKE, Jr.
CCA
20050679.
No. 06-0866/AR.
U.S. v. Paul
T. CAMPBELL.
CCA 20051388.
No. 06-0867/AF.
U.S. v. John
A. BOSICO.
CCA 36396.
No. 06-0868/AF.
U.S. v.
Charles H. EDMONSON, Jr.
CCA
36364.
No. 06-0869/MC.
U.S. v. Herman
L. BROWN.
CCA 200200095.
INTERLOCUTORY ORDERS
Motions filed by
Captain Richard A. Viczorek to
withdraw as counsel granted in the following cases:
No. 05-0710/NA.
U.S. v.
William C. TANNER.
CCA 200301120.
No. 06-0109/NA.
U.S. v.
Christopher B. DURFEE.
CCA
9901453.
No. 06-0536/MC.
U.S. v. John
W. LEGER II.
CCA 200401098.
No. 06-0684/MC.
U.S. v. Marquell
SUTTON.
CCA 200200406.
No. 06-0382/AR.
U.S. v. Jeremy
D. RILEY.
CCA 20020176. Appellant's
motion to extend time to file a
brief granted, but only up to and
including September
5, 2006; and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
DAILY
JOURNAL
No.
06-219
Friday, August
18, 2006
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0856/AR.
U.S. v. Jesse
H. DAVIS.
CCA 20050734.
No. 06-0857/AF.
U.S. v. Kevin
D. BROWN.
CCA 36195.
No. 06-0858/AF.
U.S. v. Tyson
A. GIRARD.
CCA 36126.
No. 06-0859/AF.
U.S. v. Perez
L. MITCHELL.
CCA 35883.
No. 06-0860/AF.
U.S. v. Jason
A. RADER.
CCA 369133.
No. 06-0861/AF.
U.S. v.
Stephen C. SHARP.
CCA 35839.
No. 06-0862/AF.
U.S. v.
Gregory A. SMIALEK. CCA
S30728.
DAILY JOURNAL
No. 06-218
Thursday, August
17, 2006
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0853/AR. U.S. v. Jerry
WALKER.
CCA 20030748.
No. 06-0854/AR. U.S. v. Ruben
ESCAMILLA, Jr.
CCA 20040803.
No. 06-0855/AR. U.S. v.
Roberto FIGUEROA.
CCA 20051324.
DAILY JOURNAL
No. 06-217
Wednesday, August
16, 2006
APPEALS - SUMMARY DISPOSITIONS
No. 06-0614/AF. U.S. v.
Jason J. DIXON. CCA S30510. On
consideration of
the petition for grant of review of the decision of the United States
Air Force
Court of Criminal Appeals, we conclude that Appellant’s guilty pleas to
Specifications 1 and 4 of Charge II are provident based on the
closely-related
offense of receiving stolen property. “[T]he technical variance
between
the offense alleged and that which is established from an accused’s own
lips
does not require setting aside the pleas of guilty.” United States v. Felty, 12 M.J. 438,
442 (C.M.A.
1982).
Accordingly, it is ordered that said petition is granted on the
following issue
specified by the Court:
IF THE GUILTY
PLEAS TO SPECIFICATIONS 1 AND 4 OF
CHARGE II ARE IMPROVIDENT AS TO LARCENY, WHETHER THIS COURT CAN TREAT
THE PLEAS
AS PROVIDENT BASED ON THE CLOSELY-RELATED OFFENSE OF RECEIVING STOLEN
PROPERTY. See United States v. Hubbard, 28 M.J.
203 (C.M.A. 1989).
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. 06-0614/AF. U.S. v.
Jason J. DIXON. CCA S30510. [See
also APPEALS - SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0851/AR. U.S. v. Omar
E. SHIRLEY. CCA 20050580.
No. 06-0852/AR. U.S. v. Willon
B. BROWN. CCA 20000971.
INTERLOCUTORY ORDERS
No. 06-0621/AR. U.S. v.
William H. MASCHEK. CCA 20030064. Appellee's
motion to attach corrected brief granted.
No. 06-0637/NA. U.S. v. Paul
A. GREEN.
CCA 200200091. Appellant's motion for
leave to
file additional supplement to petition for grant of review granted.
No. 06-0657/AF. U.S. v. Paul
H. SCHRODER.
CCA 35855. Appellant's motion for
leave to file
pleading in excess of 30 pages denied. Appellant will file a
supplement
to the petition for grant of review that complies with the limitations
in Rule
24 on or before August 28, 2006.
No. 06-0724/MC. U.S. v. Abran
C. ALMARAZ.
CCA 200501294. Appellant's motion for
leave to
file out of time an extension of time to file supplement to petition
for grant
of review, which this Court construes as a motion to file out of time
the
supplement to petition for grant of review granted.
No. 06-0761/AR. U.S. v. Tyler
EADDY.
CCA 20020605. Appellant's motion to
extend time
to file supplement to petition for grant of review granted to September 15, 2006.
DAILY JOURNAL
No. 06-216
Tuesday, August
15, 2006
RETURN OF RECORD FROM DUBAY HEARING
No. 05-0157/NA. U.S. v.
Ivor G. LUKE. CCA 200000481. The record
of the
hearing ordered pursuant to United States v. DuBay, 17 C.M.A.
147, 37
C.M.R. 411 (1967), was returned to the Clerk’s office in accordance
with the
earlier decision of this Court, 63 M.J. 60 (C.A.A.F. 2006), and has
been
referred to the Court for further consideration.
APPEALS - SUMMARY DISPOSITIONS
No. 05-0605/NA. U.S. v.
Jeffrey P. HEISLER. CCA 200201325. On consideration of the petition
for grant of review of the decision of
the United States Navy-Marine Corps Court of Criminal Appeals, and in
light of
this Court’s decisions in United States v. Reeves, 62 M.J. 88
(C.A.A.F.
2005) and United States v. Martinelli, 62 M.J. 52 (C.A.A.F.
2005), it is
ordered that the petition is granted on the following issue:
WHETHER THE
GOVERNMENT LACKED JURISDICTION TO BRING
THE CHARGES UNDER 18 U.S.C. § 2422 WHERE THE COMMUNICATIONS OCCURRED
OUTSIDE
THE TERRITORY OF THE UNITED STATES AND WHERE THERE WAS NO LIKELIHOOD
FOR THE
COMMUNICATIONS TO ENTER THE STREAM OF COMMERCE.
It is further
ordered that only so much of the
decision of the United States Navy-Marine Corps Court of Criminal
Appeals
pertaining to the findings of guilty of Specifications 3 and 4 of
Charge II as
provides that Appellant is guilty of a violation of clauses 1 and 2 of
Article
134, Uniform Code of Military Justice, 10 U.S.C. § 934 (2000), is
affirmed, and
Specifications 3 and 4 of Charge II are amended to read as follows:
In that
Yeoman Second Class Petty Officer Jeffrey Philip Heisler, U.S. Navy,
U.S. Navy Element,
Regional Headquarters Allied Forces Southern Europe, on active duty,
did, at or
near Naples, Italy, from on or about 8 February 2002 to on or about 20
February
2002, on divers occasions, violate 18 U.S.C. 2242(b) by using use
a facility and means of interstate or foreign commerce that is a
computer and
modem accessing Yahoo!, to attempt to knowingly induce, persuade, and
entice
persons under 18 years of age, known to the said Yeoman Second Class
Petty
Officer Jeffrey Philip Heisler as “Jeff B.”, “James D.” and “James K.”,
DoD
high school students under 18 years of age, to engage in sexual
activity.
In that Yeoman
Second Class Petty Officer Jeffrey
Philip Heisler, U.S. Navy, U.S. Navy Element, Regional Headquarters
Allied
Forces Southern Europe, on active duty, did, at or near Naples, Italy,
from on
or about 15 February 2002 to on or about 22 February 2002, on divers
occasions,
violate 18 U.S.C. 2242(b) by using use a facility and
means of
interstate or foreign commerce, that is a computer and modem accessing
Yahoo!,
to attempt to knowingly induce, persuade, and entice a person under 18
years of
age, known to the said Yeoman Second Class Petty Officer Jeffrey Philip
Heisler
as “Jason Hillmon,” to engage in sexual activity.
The decision of
the United States Navy-Marine Corps
Court of Criminal Appeals with respect to the remaining Charges and
specifications and the sentence is affirmed. [See also ORDERS
GRANTING
PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0605/NA. U.S. v.
Jeffrey P. HEISLER. CCA 200201325. [See
also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 06-0610/AR. U.S. v.
James A. WISE. CCA 20031310. Review
granted on the following modified issue:
WHETHER
APPELLANT'S CONFINEMENT CONDITIONS,
INCLUDING AND IN PARTICULAR WITH RESPECT TO HIS CLAIM OF HAVING BEEN
CONFINED
WITH ENEMY PRISONERS OF WAR IN IRAQ, WERE UNLAWFUL, AND WHETHER, IN THE
CONTEXT
PRESENTED, APPELLANT FORFEITED HIS CLAIMS OF UNLAWFUL POST-TRIAL
PUNISHMENT BY
FAILING TO EXHAUST HIS ADMINISTRATIVE REMEDIES UNDER UNITED STATES
v. WHITE,
54 M.J. 469 (C.A.A.F. 2001).
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 05-0510/AF. U.S. v. Samuel
R. BLEVINS.
CCA 35630.
No. 06-0534/MC. U.S. v. Scott
W. ERDMAN.
CCA 200501296.
No. 06-0581/AR. U.S. v. Kelvin
S. LEWIS.
CCA 20050775.
No. 06-0685/NA. U.S. v. Larry
L. PHILLIPS.
CCA 200501342.
No. 06-0700/AR. U.S. v. Ryan
A. BROWN.
CCA 20050497.
No. 06-0701/AR. U.S. v. Dean
E. BODOH II.
CCA 20050984.
No. 06-0711/AR. U.S. v.
Michael JANSEN.
CCA 20051138.
No. 06-0727/AR. U.S. v.
Alejandro MUNOZ.
CCA 20051166.
No. 06-0730/AR. U.S. v. James
M. MATHIS.
CCA 20040788.
No. 06-0737/AF. U.S. v. Steven
M. FORD.
CCA 36323.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0849/AR. U.S. v. Marcus
A. POWELL.
CCA 20040841.
No. 06-0850/AR. U.S. v.
Franklin W. PERKINS, Jr. CCA 20041005.
INTERLOCUTORY ORDERS
No. 06-0687/MC. U.S. v. Jesse
C. SCOTT.
CCA 200300976. Appellant's second
motion to extend time to file supplement to petition for grant of
review
granted, up to and including September 14, 2006; and absent
extraordinary circumstances, no further
extension of time will be granted in this case.
No. 06-0688/MC. U.S. v. Scott
A. MCCOY.
CCA 200101209. Appellant's second
motion to extend time to file supplement to petition for grant of
review
granted, up to and including September 14, 2006; and absent
extraordinary circumstances, no further
extension of time will be granted in this case.
No. 06-0752/NA. U.S. v. Joel
S. WHITE.
CCA 200101974. Appellant's motion to
extend time
to file supplement to petition for grant of review granted to September 14, 2006.
DAILY JOURNAL
No. 06-215
Monday, August
14, 2006
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0473/NA. U.S. v. Troy B.
JENKINS.
CCA 200101151. Review
granted on the following issue:
WHETHER APPELLANT
HAS BEEN DENIED HIS RIGHT TO
SPEEDY APPELLATE REVIEW BY EXCESSIVE POST-TRIAL DELAY IN THE PROCESSING
OF HIS
CASE.
No briefs will be filed under Rule 25.
No. 04-0067/MC. U.S. v.
Timothy T. RYAN. CCA 9900374. Review
granted on the
following issue:
WHETHER THE 2794
DAYS OF
APPELLATE DELAY VIOLATED APPELLANT'S CONSTITUTIONAL AND STATUTORY RIGHT
TO A
TIMELY APPEAL.
No briefs will be filed under Rule 25.
No. 06-0520/AR. U.S. v.
Danyel D. GREEN. CCA 20021126. Review
granted on the
following issue:
WHETHER THE
MILITARY JUDGE VIOLATED APPELLANT'S DUE
PROCESS RIGHTS WHEN HE SENTENCED HIM BASED UPON HIS PERSONAL RELIGIOUS
BELIEFS
RATHER THAN LEGITIMATE SENTENCING PRINCIPLES.
Briefs will be filed under Rule 25.
ORDERS GRANTING PETITION FOR RECONSIDERATION
No. 03-0072/AF. U.S. v.
Joshua P. LOVETT. CCA 33947. On
consideration of
Appellant's motion for leave to file petition for reconsideration and
Appellant’s petition for reconsideration of this Court’s decision, 63
M.J. 211
(C.A.A.F. 2006), it is ordered that said motion for leave to file
petition for
reconsideration is granted; and that said petition for reconsideration
is
denied. [See also INTERLOCUTORY ORDERS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0547/AF. U.S. v.
Patrick L. LINENBERGER II. CCA 35904.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No. 06-6006/CG. U.S. v. Louis
M. FAZO.
CCA 1239. Appellant’s motion to
withdraw
petition for grant of review granted.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0840/AR. U.S. v. Thomas
T. SIMMONS, Jr.
CCA 20030669.
No. 06-0841/AR. U.S. v. Leon
V. HARRISON.
CCA 20060002.
No. 06-0842/NA. U.S. v. Peter
N. BEYER.
CCA 200201128.
No. 06-0843/NA. U.S. v. Carlos
R. HESTER.
CCA 200400178.
No. 06-0844/AF. U.S. v. Travis
A. GUTIERREZ.
CCA 35661.
No. 06-0845/AF. U.S. v. Steven
J. HELLER.
CCA 35901.
No. 06-0846/AF. U.S. v. Martin
J. NED.
CCA S30960.
No. 06-0847/AF. U.S. v. Jeremy
E. WINGNESS.
CCA 36186.
No. 06-0848/AF. U.S. v.
Veronica WIGGINS.
CCA 36303.
INTERLOCUTORY ORDERS
No. 03-0072/AF. U.S. v. Joshua
P. LOVETT.
CCA 33947. [See also ORDERS GRANTING
PETITION
FOR RECONSIDERATION this date.]
No. 04-0042/AR. U.S. v.
Shapour MEGHDADI.
CCA 20000029. Appellant's motion to
extend time
to file supplement to petition for grant of review granted to September 13, 2006.
No. 06-0620/MC. U.S. v. Ryan
J. SCAMAHORN.
CCA 200201583. Appellant's motion to
file
supplement to petition for grant of review out of time granted.
No. 06-0712/AR. U.S. v. James
C. SIRMANS.
CCA 20051018. Appellant's motion for
leave to
file out of time an extension of time to file supplement to petition
for grant
of review, which this Court construes as a motion to file supplement
out of
time granted.
DAILY JOURNAL
No. 06-214
Friday, August
11, 2006
APPEALS - SUMMARY DISPOSITIONS
No. 03-0022/AF. U.S. v.
Julian LATORRE. CCA 34670. On
consideration of
the petition for grant of review of the decision of the United States
Air Force
Court of Criminal Appeals, we conclude that Appellant’s pleas of guilty
to
Charge I and the Specification thereunder were improvident because
there was a
substantial basis in law as to whether Appellant had the intent to
temporarily
deprive the Government of the use of the property. See United States v. Prater, 32 M.J. 433 (C.M.A. 1991). In addition, we
conclude
that the convening authority improperly ordered the waiver of mandatory
forfeitures without first explicitly suspending, modifying, or
disapproving the
adjudged forfeitures. See United States v. Emminizer, 56 M.J. 441 (C.A.A.F. 2002). Accordingly,
said
petition is hereby granted on the following issues:
I.
WHETHER
APPELLANT'S PLEA OF GUILTY TO WRONGFUL APPROPRIATION OF THE SQUADRON'S
DIGITAL
CAMERA WAS IMPROVIDENT.
II.
WHETHER THE CONVENING AUTHORITY ERRONEOUSLY APPLIED ARTICLE
58b(b),
UCMJ.
The decision of
the United States Air Force Court of
Criminal Appeals as to Charge I and its Specification is
reversed. The
findings of guilty as to Charge I and its Specification are set aside,
and
Charge I and its Specification are dismissed. We affirm the
decision of
the United States Air Force Court of Criminal Appeals as to the
remaining
findings and only so much of the sentence as provides for a
dishonorable
discharge, confinement for thirty-nine years, and reduction to pay
grade
E-1. The six-month waiver of mandatory forfeitures will commence
on the
date of the convening authority’s action, 22 August 2001.
[See also ORDERS GRANTING PETITION FOR REVIEW this date.]
No. 05-0649/AR. U.S. v.
Timothy WARD. CCA 20000078. On further
consideration of the
granted
issue, 63 M.J. 188 (C.A.A.F. 2006), the briefs submitted by the
parties, and
the decision of the Court of Criminal Appeals, we note that there is an
unresolved ambiguity in the lower court’s decision. The military
judge
properly recognized that the evidence raised the issue of voluntary
manslaughter and properly instructed the members on the lesser included
offense
of voluntary manslaughter. The lower court did not question the
military
judge’s ruling as a matter of law, but observed during its discussion
of
factual sufficiency that certain evidence “was not sufficient to raise
the
issue of voluntary manslaughter.” (Slip.
Op. at 7.)
Under Article
66(c) of the
Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(c)(2000), the
Court of Criminal Appeals conducts a de novo review of factual
sufficiency. See United States v.
Washington, 57 M.J.
394, 399 (C.A.A.F. 2002). When
voluntary manslaughter is at issue as a lesser included offense, the
Government
bears the burden of disproving voluntary manslaughter beyond a
reasonable
doubt. See United States v. Schap, 49 M.J.
317, 319-20 (C.A.A.F. 1998). Although
the military judge correctly
instructed the panel at trial, the suggestion by the lower court that
the
evidence did not raise the issue of voluntary manslaughter raises a
question as
to whether the lower court, in the course of performing its Article
66(c) de
novo review of factual sufficiency, applied the correct standard of law
under Schap.
As the decision of the court below is
not free from ambiguity, it should be clarified on remand. See United States v.
Ballentine, 56 M.J. 400 (C.A.A.F. 2002). Accordingly,
it is ordered that 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 for further
review
consistent with this order and our order granting the petition for
review. Thereafter, Article 67, UCMJ, 10 U.S.C. § 867, shall
apply.
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0022/AF. U.S. v.
Julian LATORRE. CCA 34670. [See
also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 06-0127/NA. U.S. v.
David A. GAINES. CCA 200300828. Review
granted on the
following issue:
WHETHER APPELLANT
WAS DENIED
DUE PROCESS WHERE 1,183 DAYS ELAPSED BETWEEN SENTENCING AND THE
DECISION OF THE
LOWER COURT.
No briefs will be
filed under Rule 25.
No. 06-0207/AF. U.S. v.
David F. MORAN. CCA 35755. Review
granted on the
following issue:
WHETHER
APPELLANT'S SUBSTANTIAL RIGHTS WERE
MATERIALLY PREJUDICED WHEN PROSECUTION WITNESSES AND TRIAL COUNSEL
COMMENTED ON
APPELLANT'S REQUEST FOR AN ATTORNEY AND APPELLANT'S REFUSAL TO GIVE
CONSENT FOR
A SEARCH AND SEIZURE OF HIS HAIR AND BLOOD.
Briefs will be
filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0831/AR. U.S. v. Alton K. TOM. CCA
20020419.
No. 06-0832/AF. U.S. v. Gideon
D. BURUM.
CCA 36354.
No. 06-0833/AF. U.S. v. John
S. FREEMAN.
CCA 35822.
No. 06-0834/AF. U.S. v. Jessica
S. JOHNSON.
CCA 36251.
No. 06-0835/AF. U.S. v. Ivan
D. MANN.
CCA 36109.
No. 06-0836/AF. U.S. v. Daniel
H. SOLOMON.
CCA S30868.
No. 06-0837/AF. U.S. v. Joseph
E. WILSON, Jr.
CCA 35602.
No. 06-0838/AR. U.S. v. Aaron
M. HOARD.
CCA 20051143.
No. 06-0839/NA. U.S. v. Lamont
A. CLAYTON.
CCA 200401119.
INTERLOCUTORY ORDERS
No. 06-0750/AR. U.S. v.
Anthony R. SUNFORD. CCA 20040868. Appellant's
motion to extend time to file supplement to petition for grant of
review
granted to September 8, 2006.
MANDATES ISSUED
No. 05-0674/AR. U.S. v. Jeremy
M. PHILLIPPE.
CCA 20040616.
DAILY JOURNAL
No. 06-213
Thursday, August
10, 2006
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0050/AR. U.S. v. Kim
A. CARRUTHERS. CCA 20010700. Review
granted on the following issues:
I. WHETHER
APPELLANT
WAS DENIED HIS SIXTH AMENDMENT RIGHT TO CONFRONTATION WHEN THE MILITARY
JUDGE
IMPERMISSIBLY RESTRICTED CROSS-EXAMINATION OF A KEY GOVERNMENT WITNESS
REGARDING THE DETAILS OF A CO-CONSPIRATOR'S EXTREMELY FAVORABLE PLEA
AGREEMENT.
II. WHETHER THE
MILITARY
JUDGE ABUSED HIS DISCRETION BY REFUSING TO GIVE A MANDATORY LENIENCY
INSTRUCTION.
Briefs will be filed under Rule 25.
No. 06-0060/AF. U.S. v. Stacey
S. BROOKS.
CCA 35420. Review
granted on the
following issues:
I. WHETHER
THE
MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE
ALLOWED
THE ADMISSION OF REPEATED INSTANCES OF HUMAN LIE DETECTOR TESTIMONY AND
THEN
FAILED TO PROVIDE PROMPT, CURATIVE INSTRUCTIONS TO THE MEMBERS.
II. WHETHER THE
MILITARY
JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE ALLOWED
DR. [A]
TO GIVE IMPROPER PROFILE EVIDENCE THAT CHILDREN RARELY MAKE FALSE
CLAIMS OF
SEXUAL ABUSE.
III.
WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF
APPELLANT WHEN
HE DID NOT INSTRUCT THE COURT MEMBERS TO DISREGARD ARGUMENT THAT TRIAL
COUNSEL
WAS CONVINCED BEYOND A REASONABLE DOUBT THAT THE CHILD VICTIM WAS
TELLING THE
TRUTH.
IV. WHETHER THE
CHARGES AND
SPECIFICATIONS MUST BE DISMISSED BECAUSE THE STAFF JUDGE ADVOCATE
EXCLUDED
"ALL OFFICERS WHO WOULD LIKELY BE CHALLENGED IF SELECTED AS MEMBERS"
FROM THE POOL OF POTENTIAL COURT MEMBERS, AND THE CONVENING AUTHORITY,
IN TURN,
EXCLUDED THEM FROM THE COURT-MARTIAL SELECTION PROCESS.
V. WHETHER
THE SERIES
OF ERRORS CUMULATIVELY AND MATERIALLY PREJUDICED APPELLANT'S
SUBSTANTIAL RIGHT
TO A FAIR AND IMPARTIAL TRIAL THEREBY NECESSITATING REVERSAL OF HIS
CONVICTIONS.
And
the following issue specified by the Court:
VI. WHETHER THE
CONVENING
AUTHORITY ERRONEOUSLY APPLIED ARTICLE 58b(b),
UCMJ.
Briefs will be filed under Rule 25.
No. 06-0212/MC. U.S. v.
Kykaiya A. WILLIAMS. CCA 200202264. Review
granted on the following issue
specified by the Court:
WHETHER APPELLANT
WAS DENIED
DUE PROCESS WHERE MORE THAN FOUR YEARS ELAPSED BETWEEN SENTENCE AND THE
DECISION OF THE COURT BELOW.
No briefs will be filed under Rule 25.
No. 06-0235/NA. U.S. v.
Marcus U. WHITLOCK. CCA 200102054. Review
granted on the following issue:
WHETHER THE FOUR
AND A HALF YEARS OF DELAY IN
APPELLANT'S ARTICLE 66, UCMJ, REVIEW VIOLATED APPELLANT'S DUE PROCESS
RIGHTS TO
A TIMELY APPEAL.
No briefs will be filed under Rule 25.
No. 06-0297/NA. U.S. v. Samuel
E. TOOTLE II. CCA 9801945. Review
granted on the following issue:
WHETHER THE LOWER COURT CREATED
POST-TRIAL DELAY BY
TAKING MORE THAN TWO YEARS TO RENDER A DECISION AND FAILED TO ADDRESS
CREDIBLE
ISSUES SUBMITTED BY APPELLANT.
No briefs will be filed under Rule 25.
No. 06-0403/MC. U.S. v.
Damien B. SHAW. CCA 200300312. Review
granted on the following issue specified by the
Court:
WHETHER THE
MILITARY JUDGE ABUSED HIS DISCRETION BY
FAILING TO INQUIRE INTO THE EFFECT THAT APPELLANT'S MEDICAL PROBLEMS
HAD ON HIS
ABILITY TO APPRECIATE THE NATURE AND QUALITY OR THE WRONGFULNESS OF HIS
ACTS.
Briefs will be filed under Rule 25.
No. 06-0471/MC. U.S. v.
Jill R. SMITH. CCA 200300497. Review
granted on the following issue:
WHETHER THE
NAVY-MARINE CORPS COURT OF CRIMINAL
APPEALS ERRED AS A MATTER OF LAW IN DENYING RELIEF FOR EXCESSIVE
POST-TRIAL
DELAY.
No briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0039/AF. U.S. v. Cory
L. CARR.
CCA 35300.
No. 06-0383/AR. U.S. v. Eric
S. FISCHER.
CCA 20030828.
No. 06-0575/AR. U.S. v.
Matthew P. KING.
CCA 20050286.
No. 06-0639/AR. U.S. v. Joshua
D. HILL.
CCA 20040687.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0830/AR. U.S. v. Pepito SOTO,
Jr. CCA 20040761.
DAILY JOURNAL
No. 06-212
Wednesday, August
09, 2006
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0449/AF. U.S. v.
Christopher B. NOLAN. CCA 35979.
No. 06-0526/MC. U.S. v. Lavoid
M. RENTAS.
CCA 200401427.
No. 06-0528/AR. U.S. v. Calloway HARVEY, IV. CCA 20040448.
No. 06-0644/AR. U.S. v. Marion
D. THOMAS.
CCA 20040768.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0829/AR. U.S. v.
Edmundo D. VARGAS.
CCA 20051447.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
06-8017/AF. Lantz E.
NAVE, Appellant, v. Colonel Nancy
Paul, USAF, Military Judge, and United States,
Appellees. CCA 2006-05.
Writ-appeal petition denied without
prejudice.
INTERLOCUTORY ORDERS
No. 05-0510/AF. U.S. v. Samuel
R. BLEVINS.
CCA 35630. Appellee's motion to submit
documents, a certificate of correction and an affidavit, granted.
No. 06-0502/AF. U.S. v.
Doncosta E. SEAWELL. CCA 35531. Appellant's
motion to withdraw Issues V and VI from the supplement to petition for
grant of
review, it is ordered that Appellant show cause on or before August 21,
2006,
why the motion to withdraw Issue V should be granted, in light of Issue
IV
granted review in United States v. Pena, 63 M.J. 195 (C.A.A.F.
2006)(order).
No. 06-0749/AR. U.S. v.
Bradley J. HEDGE.
CCA 20050534. Appellant's motion to
extend time
to file supplement to petition for grant of review granted to September 6, 2006.
DAILY JOURNAL
No. 06-211
Tuesday, August
08, 2006
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0417/NA. U.S. v.
Joseph R. KAMELY. CCA 200201248. Review
granted on the following issue:
WHETHER APPELLANT
HAS BEEN
DENIED HIS DUE PROCESS RIGHT TO TIMELY REVIEW OF HIS APPEAL.
No briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0322/AR. U.S. v. Eric
R. HAMMOND.
CCA 20020408.
No. 06-0432/AF. U.S. v. Travis
L. WHITE.
CCA 35566.
No. 06-0561/AF. U.S. v. Carl
D. WILLIAMS.
CCA S30708.
No. 06-0576/AR. U.S. v. Jason
V. DATRAY.
CCA 20040063.
No. 06-0633/AR. U.S. v.
Forrest J. ROSENBACH. CCA 20050104.
No. 06-0634/AF. U.S. v. Grant
D. MCKENZIE.
CCA 35890.
No. 06-0647/AF. U.S. v. Ryan
E. EDMONDS.
CCA 35765.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0824/AR. U.S. v. Jesse
L. HOWE.
CCA 20051416.
No. 06-0825/AR. U.S. v.
Brandon D. PARKS.
CCA 20050353.
No. 06-0826/AR. U.S. v. Ahyan
T. TYLER.
CCA 20040180.
No. 06-0827/AR. U.S. v.
Christopher T. WEYANT. CCA 20060132.
No. 06-0828/MC. U.S. v. Sean
D. JACKSON.
CCA 200500338.
DAILY JOURNAL
No. 06-210
Monday, August
07, 2006
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0437/AR. U.S. v.
Michael T. SANDERS. CCA
20020734.1/
No. 06-0608/AF. U.S. v. Steven
A. ROGERS.
CCA 36240.2/
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0818/AR. U.S. v. Daniel
COTTI, Jr.
CCA 20021210.
No. 06-0819/AR. U.S. v. Issac
E. BELANGER.
CCA 20031116.
No. 06-0820/AR. U.S. v. Leroy
R. EAST.
CCA 20051181.
No. 06-0821/NA. U.S. v.
Raymond OLAFSON.
CCA 200001034.
No. 06-0822/AF. U.S. v. Luis
A. DELVALLEDELIZ.
CCA 36162.
No. 06-0823/AF. U.S. v.
Frederick L. WILLIAMS. CCA 36100.
INTERLOCUTORY ORDERS
No. 06-0664/NA. U.S. v. James
E. RANKIN.
CCA 200101441. Appellee's motion to
extend time
to file an answer to Appellant’s brief granted, up to and
including August 11, 2006; and absent
extraordinary circumstances, no further extension of time will be
granted in
this case.
No. 06-0664/NA. U.S. v. Tarold
L. TAYLOR.
CCA 200201675. Appellant's second
motion to extend time to file supplement to petition for grant of
review
granted, up to and including August 21, 2006; and absent
extraordinary circumstances, no further
extension of time will be granted in this case.
No. 06-0742/NA. U.S. v. Kermit CAVES. CCA
200100171. Appellant's motion to extend time to file
supplement to
petition for grant of review granted to September 7, 2006.
____________
1/ It is directed that
the promulgating
order be corrected to reflect that the end date of the unauthorized
absence in
the Specification of Charge I was 17
November 2001
vice 19 November 2001.
2/ It is directed that
the
promulgating order be corrected to reflect a guilty plea and finding to
Specification 3 of Charge I.
DAILY JOURNAL
No. 06-209
Friday, August
04, 2006
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0518/AR. U.S. v. Corey
L. ROBINSON.
CCA 20040990.
No. 06-0541/MC. U.S. v. Erick
G. GOMEZ.
CCA 200500998.
No. 06-0574/AR. U.S. v. Joseph
A. HEGGS.
CCA 20030762.
No. 06-0592/AR. U.S. v. Jonathan M.
STUCK.
CCA 20041134.
No. 06-0598/AF. U.S. v.
Brandon S. JAMES.
CCA 35951.
No. 06-0613/AR. U.S. v. Nathan
A. LILLY.
CCA 20050609.
No. 06-0616/AF. U.S. v.
Matthew R. HOAGLAND. CCA S30795.
No. 06-0618/AR. U.S. v.
Brandon L. WILSON.
CCA 20050415.
No. 06-0642/AR. U.S. v. Adrian
C. FLOURNOY.
CCA 20050589.
No. 06-0646/AF. U.S. v.
Brandon R. CRUZ.
CCA S30852.
No. 06-0663/AR. U.S. v. Chance
O. MCDONALD.
CCA 20041081.
No. 06-0673/AF. U.S. v.
Charles L. CRAWFORD. CCA 35762.
No. 06-0680/AR. U.S. v.
Clarence L. JOYNER. CCA 20051486.
No. 06-0699/AR. U.S. v. Joshua
D. PATTON.
CCA 20051047.
No. 06-0707/AF. U.S. v.
Matthew L. CHERNACK. CCA 36346.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0814/AR. U.S. v. Ronnie
W. KEITH, Jr.
CCA 20040455.
No. 06-0815/AF. U.S. v. Keith
H. SNETHEN.
CCA 35695.
No. 06-0816/AF. U.S. v. Chad R.
GRACIE.
CCA 36269.
No. 06-0817/AF. U.S. v. Robert
W. FIELDS.
CCA 36243.
MANDATES ISSUED
No. 05-0651/AR. U.S. v. Peter
A. ORD.
CCA 20020961.
No. 06-5003/AR. U.S. v. Sean
B. VANDERSCHAAF.
CCA 20050316.
No. 06-5004/AR. U.S. v. Joshua
J. ALEXANDER.
CCA 20031161.
DAILY JOURNAL
No. 06-208
Thursday, August
03, 2006
APPEALS - SUMMARY DISPOSITIONS
No. 02-0772/NA. U.S. v. Clyde E. RICHARDSON. CCA
200000047. 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. 02-0944/AF. U.S. v.
Eric P. MARCUM. CCA 34216. 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. 02-0772/NA. U.S. v. Clyde E. RICHARDSON. CCA
200000047. [See
also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 02-0944/AF. U.S. v.
Eric P. MARCUM. CCA 34216. [See
also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0568/AF. U.S. v. Marcus
R. KING.
CCA 36039.
No. 06-0590/AR. U.S. v. Shawn
K. AUGER.
CCA 20030796.
No. 06-0623/AR. U.S. v. Willie
K. EADDY.
CCA 20020143.
No. 06-0640/AR. U.S. v. Jake
S. GOTHAM.
CCA 20031213.
No. 06-0641/AR. U.S. v. Eric
E. CLARK.
CCA 20051248.
No. 06-0643/AR. U.S. v. Waymon
P. CARROTHERS.
CCA 20040811.
No. 06-0648/AF. U.S. v. Brian
R. HARGROVE.
CCA 36068.
No. 06-0652/AF. U.S. v. Kelvin
L. JOHNSON II.
CCA 35739.
No. 06-0658/AF. U.S. v. Donny
R. STAFFORD.
CCA 35807.
No. 06-0667/AR. U.S. v. Bobby
J. ASHABRANNER, Jr. CCA 20050035.
INTERLOCUTORY ORDERS
No. 06-0319/MC. U.S. v. Jason
L. TAYLOR.
CCA 200202366. Appellee's motion to
extend time
to file an answer to Appellant's brief granted, up to and
including August 24, 2006; and
absent
extraordinary circumstances, no further extension of time will be
granted in
this case.
No. 06-0723/NA. U.S. v. Daniel
M. STRONG.
CCA 200500512. Appellant's motion to
extend time
to file supplement to petition for grant of review granted to August 29, 2006.
No. 06-0729/AR. U.S. v. Harold
R. SPICER.
CCA 20030359. Appellant's motion to
extend time
to file supplement to petition for grant of review granted to September 1, 2006.
DAILY JOURNAL
No. 06-207
Wednesday, August
02, 2006
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0586/AR. U.S. v. Roy D.
JACKSON.
CCA 20050716.
No. 06-0604/AR. U.S. v. Edmund
C. ELLIOTT.
CCA 20041021.
No. 06-0638/AR. U.S. v.
Herbert P. THOMPSON. CCA 20050841.
No. 06-0651/AF. U.S. v.
Matthew R. JACKSON. CCA 36082.
No. 06-0661/AR. U.S. v.
Stephen A. POTEET.
CCA 20050544.
No. 06-0668/AR. U.S. v.
Shakitta L. UPSHUR. CCA 20050816.
No. 06-0678/AR. U.S. v. Breon
D. TAYLOR.
CCA 20050343.
No. 06-0679/AR. U.S. v. Fikret
HAJDAREVIC.
CCA 20060090.
No. 06-0686/AR. U.S. v. Samuel
L. DEWITT.
CCA 20031281.
No. 06-0692/AR. U.S. v.
Timothy L.T. COLEMAN. CCA 20040822.
DAILY JOURNAL
No. 06-206
Tuesday, August
01, 2006
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0807/AR. U.S. v. James
M. CONLEY.
CCA 20051011.
No. 06-0808/AR. U.S. v. Carl
BRADFORD II.
CCA 20050847.
No. 06-0809/AR. U.S. v. John
H. DOHERTY.
CCA 20051116.
No. 06-0810/AR. U.S. v. Carlos
J. SINCLAIR.
CCA 20050697.
No. 06-0811/AR. U.S. v. Adrian
L. ALLEN.
CCA 20030495.
No. 06-0812/AR. U.S. v. John
ODOM, Jr.
CCA 20030400.
No. 06-0813/NA. U.S. v. KC J.
DITMORE.
CCA 200401563.
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