UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-123
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0470/AR.
No.
06-0471/MC.
No.
06-0472/AF.
No.
06-0473/AF.
No.
06-0474/AF.
No.
06-0475/AF.
No.
06-0476/AF.
No.
06-0477/AF.
No.
06-0478/AF.
No.
06-0479/AF.
No.
06-0480/AF.
No.
06-0481/AF.
No.
06-0482/AF.
No.
06-0483/AF.
INTERLOCUTORY ORDERS
No.
06-0243/AR.
No.
06-0320/MC.
No.
06-0381/NA.
No.
06-0382/AR.
No.
06-0383/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-122
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0469/AR.
PETITIONS FOR RECONSIDERATION DENIED
No.
05-0266/MC.
INTERLOCUTORY ORDERS
No.
06-0191/NA.
No.
06-0377/AR.
MANDATES ISSUED
No.
04-0578/AR.
No.
05-0462/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-121
APPEALS - SUMMARY DISPOSITIONS
No. 03-0270/AF.
WHETHER
18 U.S.C. § 2252A(a)(5)(A)
APPLIES TO CONDUCT ENGAGED IN OUTSIDE THE TERRITORIAL LIMITS OF THE
UNITED
STATES WHEN CHARGED UNDER CLAUSE 3 OF ARTICLE 134, UCMJ.
and
That
Specification 2 of Charge V is amended to read as follows:
In that AIRMAN
BASIC ROBERT J. POLFLIET,
JR., United States Air Force, 374th Communications Squadron, did, at
Yokota Air
Base, Japan, on land and in a building owned by, leased to, used by
or under
the control of the United States Government, on divers occasions
between on
or about 24 August 1999 and on or about 16 June 2000, knowingly possess
computer files containing images of child pornography in violation
of Title
18, United States Code, Section 2252A(a)(5).
It is further
ordered that
the decision of the United States Air Force Court of Criminal Appeals
is
affirmed as to Charge V and its specifications as amended and in all
other
respects.
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0071/AF.
WHETHER THE
MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE
DENIED THE DEFENSE REQUEST FOR AN EXPERT CONSULTANT IN THE FIELD OF
FORENSIC
COMPUTER EXAMINATION.
Briefs will be filed under Rule 25.
No. 05-0745/AR.
WHETHER
THE 444 DAY DELAY BETWEEN TRIAL AND THE CONVENING AUTHORITY TAKING
ACTION FOR A
263 PAGE GUILTY PLEA RECORD OF TRIAL WARRANTS RELIEF.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0755/AF.
No.
05-0776/AF.
No.
06-0043/MC.
No.
06-0100/NA.
No.
06-0196/AF.
No.
06-0220/AR.
No.
06-0282/AF.
No.
06-0303/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0467/AR.
No.
06-0468/AF.
INTERLOCUTORY ORDERS
No.
06-0380/AR.
No.
06-0386/AR.
____________
1/
It is
directed that the promulgating order be corrected to reflect that the
date of
the offense in Charge II, Specification 1 was
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-120
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0466/AR.
INTERLOCUTORY ORDERS
No.
05-0270/NA.
No.
06-0374/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-119
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0709/NA.
WHETHER
APPELLANT'S DUE PROCESS RIGHT TO A TIMELY REVIEW OF
HIS APPEAL HAS BEEN VIOLATED.
Briefs will be filed under Rule 25.
No. 06-0091/AF.
I.
WHETHER THE
APPELLANT WAS IMPROPERLY PLACED ON EXCESS APPELLATE LEAVE AND DENIED
PAY AND
ALLOWANCES IN VIOLATION OF ARTICLE 76a, UCMJ,
WHEN
HIS SENTENCE TO CONFINEMENT WAS NOT COMPLETED OR REMITTED AND HE WAS
FORCED TO
FULFILL CONDITIONS OF MANDATORY SUPERVISION UPON HIS RELEASE FROM
CONFINEMENT.
II. WHETHER
THE AIR
FORCE CLEMENCY AND PAROLE BOARD INCREASED THE SEVERITY OF APPELLANT'S
SENTENCE
IN VIOLATION OF ARTICLE 55, UCMJ, AND THE
EIGHTH
AMENDMENT WHEN IT FORCED APPELLANT TO FULFILL CONDITIONS OF MANDATORY
SUPERVISION THAT ARE NOT AUTHORIZED BY THE UCMJ.
III. WHETHER
THE
IMPOSITION OF CONDITIONS OF MANDATORY SUPERVISION ON APPELLANT VIOLATES
THE DUE
PROCESS CLAUSE BECAUSE THE MILITARY JUDGE DID NOT ANNOUNCE A PERIOD OF
MANDATORY SUPERVISED RELEASE OR ANY OF ITS CONDITIONS AS PART OF THE
SENTENCE.
IV. WHETHER
APPELLANT'S PLEAS OF GUILTY ARE IMPROVIDENT BECAUSE THE MILITARY JUDGE
DID NOT
INFORM APPELLANT PRIOR TO ACCEPTING HIS PLEAS THAT HE COULD BE
ADDITIONALLY
PUNISHED IN UNSPECIFIED WAYS.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0183/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0350/MC.
No.
06-0452/AR.
No.
06-0453/AR.
No.
06-0454/AR.
No.
06-0455/AR.
No.
06-0456/AR.
No.
06-0457/AR.
No.
06-0458/AF.
No.
06-0459/AF.
No.
06-0460/AF.
No.
06-0461/AF.
No.
06-0462/AF.
No.
06-0463/AF.
No.
06-0464/AF.
No.
06-0465/AF.
____________
1/
Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-118
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0096/AR.
No.
06-0280/AF.
No.
06-0283/AF.
No.
06-0325/AR.
No.
06-0334/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0444/AF.
No.
06-0445/AF.
No.
06-0446/AF.
No.
06-0447/AF.
No.
06-0448/AF.
No.
06-0449/AF.
No.
06-0450/AR.
No.
06-0451/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 06-8012/NA.
Hawan T. CAMPBELL, Petitioner, v.
Navy-Marine
Corps Court of Criminal Appeals, Respondent.
CCA
200400093. Notice is hereby given
that a petition for extraordinary relief in the nature of a writ of
mandamus
under Rule 27(a), together with a motion for a stay of proceedings and
a motion
to attach were filed on this 24th day of March, 2006.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-117
APPEALS - SUMMARY DISPOSITIONS
No. 04-0295/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0295/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0072/AR.
No.
06-0123/AR.
No.
06-0133/AF.
No.
06-0177/MC.
No.
06-0246/AR.
No.
06-0258/NA.
No.
06-0343/AR.
No.
06-6004/CG.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0443/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 06-8010/NA.
SPECIAL DOCKET FILINGS
Spec.
Dkt. No. 06-08/MC.
W. C. BRAGG, Petitioner, v. Commanding
General, Western Recruiting Region, Respondent.
CCA
200600228. On consideration of
the Petitioner’s pro se petition for extraordinary relief in the nature
of a
writ of mandamus, it appears that additional information is needed to
determine
whether Petitioner is represented by appellate defense counsel. Accordingly, it is ordered that the petition
is remanded to the United States Navy-Marine Corps Court of Criminal
Appeals;
the Court of Criminal Appeals will inquire into whether Petitioner has
appointed appellate defense counsel and, if not, whether counsel should
be
appointed pursuant to Article 70(c), UCMJ,
10 U.S.C. § 870(c) (2000); and thereafter,
the Court of
Criminal Appeals will consider the merits of the petition.
INTERLOCUTORY ORDERS
No.
05-0551/MC.
No.
05-0594/AR.
No.
06-0289/NA.
Appellant's second motion to extend time to
file supplement to petition for grant of review granted, but
only up to and including
No.
06-0297/NA.
No.
06-0314/AF.
No.
06-0362/NA.
No.
06-0363/NA.
MANDATES ISSUED
No.
05-0255/AF.
No.
05-0423/CG.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-116
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0053/AF.
No.
06-0104/AF.
No.
06-0138/AF.
No.
06-0172/AR.
No.
06-0174/NA.
No.
06-0179/AR.
No.
06-0190/AR.
No.
06-0208/AF.
No.
06-0249/AF.
No.
06-0286/AF.
No.
06-0295/AR.
No.
06-0310/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0441/AF.
No.
06-0442/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-115
HEARINGS
No.
03-0620/AR.
No.
05-0453/MC.
No.
05-0674/AR.
No.
05-5003/AF.
APPEALS - SUMMARY DISPOSITIONS
No. 02-0257/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 02-0257/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0567/MC.
No.
05-0770/AR.
No.
05-0775/AF.
No.
06-0003/NA.
No.
06-0159/AR.
No.
06-0168/AR.
No.
06-0181/AR.
No.
06-0201/AR.
No.
06-0202/AF.
No.
06-0206/AF.
No.
06-0224/AR.
No.
06-0250/AR.
No.
06-0257/NA.
No.
06-0292/AF.
No.
06-0313/AR.
INTERLOCUTORY ORDERS
No.
03-0620/AR.
No.
06-0072/AR.
No.
06-269/AF.
_________________
1/
It is
directed that the promulgating order be corrected to reflect that the
guilty
finding as to Additional Charge II was to a violation of Article 80, UCMJ, vice Article 112a, UCMJ.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-114
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
06-0312/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0434/AR.
No.
06-0435/AR.
No.
06-0436/AR.
No.
06-0437/AR.
No.
06-0438/AR.
No.
06-0439/AF.
No.
06-0440/NA.
INTERLOCUTORY ORDERS
No.
03-0473/NA.
No.
05-0453/MC.
No.
06-0237/AR.
No.
06-0291/NA.
UNITED STATES
COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 06-113
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0428/AF.
No. 06-0429/AF.
No. 06-0430/AF.
No. 06-0431/AF.
No. 06-0432/AF.
No. 06-0433/AR.
INTERLOCUTORY ORDERS
No. 05-0453/MC.
No. 06-0052/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-112
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0649/AR.
WHETHER
THE COURT OF CRIMINAL APPEALS LEGALLY ERRED WHEN IT FOUND THE OFFENSE
OF
VOLUNTARY MANSLAUGHTER WAS NOT RAISED BY THE EVIDENCE IN THIS CASE.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0426/AR.
No.
06-0427/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-111
APPEALS - SUMMARY DISPOSITIONS
No. 05-0440/AR.
No. 05-0642/AR.
WHETHER THIS
COURT MAY APPROVE THE FINDINGS OF
GUILTY TO SPECIFICATIONS 9 THROUGH 11 OF ADDITIONAL CHARGE I WHERE THE
GOVERNMENT'S EVIDENCE DID NOT ESTABLISH A WRONGFUL WITHHOLDING UNDER
ITS THEORY
OF THE CASE, BUT PROVED A WRONGFUL OBTAINING WHICH OCCURRED OUTSIDE OF
THE
STATUTE OF LIMITATIONS.
The decision of the United States Army
Court of Criminal Appeals is reversed as to Specifications 9, 10, and
11 of
Additional Charge I, but is affirmed in all other respects. Because the offenses in Specifications 9, 10,
and 11 of Additional Charge I are barred by the statute of limitations,
the
guilty findings to those specifications are set aside, and those
specifications
are dismissed. [See also ORDERS GRANTING
PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0642/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0424/AR.
No. 06-0425/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
06-8011/NA.
Todd R.
FORBES, Appellant, v. Commander Christian REIMEIER,
JAGC, USN,
Military Judge; The Judge Advocate General
of the Navy; and the United
States, Appellees.
CCA
9901454. Notice is hereby given
that a writ-appeal petition for review of the decision of the United
States
Navy-Marine Corps Court of Criminal Appeals on application for
extraordinary
relief was filed under Rule 27(b), together with a motion for a stay of
the
proceedings under Rule 30, were filed this 15th day of
March, 2006.
INTERLOCUTORY ORDERS
No. 05-0692/MC.
No. 05-0779/MC.
No. 06-0305/NA.
No. 06-0339/AR.
No. 06-0348/MC.
No. 06-0374/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-110
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0654/MC.
No.
05-0767/AR.
No.
06-0011/AF.
No.
06-0023/AF.
No.
06-0030/AR.
No.
06-0165/AR.
No.
06-0210/MC.
No.
06-0214/AR.
No.
06-0223/AR.
No.
06-0271/AF.
No.
06-0276/AR.
No.
06-0331/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0421/AR.
No.
06-0422/AR.
No.
06-0423/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 06-8009/NA.
MANDATES ISSUED
No.
03-0394/AF.
No.
04-0428/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-109
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0411/AR.
No.
06-0412/AR.
No.
06-0413/AR.
No.
06-0414/AR.
No.
06-0415/AR.
No.
06-0416/AR.
No.
06-0417/NA.
No.
06-0418/AF.
No.
06-0419/AF.
No.
06-0420/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-108
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0670/AF.
No.
06-0026/AF.
No.
06-0041/AF.
No.
06-0061/AF.
No.
06-0092/AF.
No.
06-0093/NA.
No.
06-0225/AF.
No.
06-0233/AF.
No.
06-0274/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0404/AR.
No.
06-0405/AF.
No.
06-0406/AF.
No.
06-0407/AF.
No.
06-0408/NA.
No.
06-0409/MC.
No.
06-0410/NA.
INTERLOCUTORY ORDERS
No.
05-0649/AR.
No.
06-0191/NA.
No.
06-0327/AF.
No.
06-0333/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-107
APPEALS –SUMMARY DISPOSITIONS
No. 03-0647/AR.
No. 05-0379/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0647/AR.
No. 05-0379/AR.
No. 05-0681/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.
No. 06-0064/NA.
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY CONCLUDING
THAT THE
MILITARY JUDGE HAD NOT COMMITTED PLAIN ERROR BY ADMITTING EVIDENCE OF
APPELLANT'S PRESERVICE DRUG USE AND A
SERVICE WAIVER
FOR THAT DRUG USE.
Briefs will be filed under Rule 25.
No. 06-0128/MC.
I. WHETHER
THE
551-DAY
DELAY BETWEEN THE END OF THE COURT-MARTIAL AND THE CONVENING
AUTHORITY'S ACTION
"CONSIDERING ALL THE POST-TRIAL ATTENTION THAT IT RECEIVED, WAS NOT, ON
ITS FACE, UNREASONABLE."
II. WHETHER THE
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0715/AF.
No.
06-0005/AF.
No.
06-0078/AR.
No.
06-0113/AR.
No.
06-0141/AF.
No.
06-0157/AF.
No.
06-0279/AR.
INTERLOCUTORY ORDERS
No.
02-0498/AF.
No.
05-0440/AR.
No.
06-8006/AR.
Dwight J. LOVING, Petitioner, v.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-106
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0394/AR.
No.
06-0395/AR.
No.
06-0396/AR.
No.
06-0397/AR.
No.
06-0398/AF.
No.
06-0399/AF.
No.
06-0400/AF.
No.
06-0401/AF.
No.
06-0402/AF.
No.
06-0403/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-105
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0627/MC.
I. WHETHER
APPELLANT
WAS DENIED DUE PROCESS OF LAW WHERE THE
And the following specified issue by the
Court:
II. WHETHER THE
Briefs
will be filed under Rule 25 on Issue I only.
[See also INTERLOCUTORY ORDERS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0393/NA.
INTERLOCUTORY ORDERS
No.
05-0627/MC.
No.
06-0259/AR.
No.
06-0285/AF.
No.
06-0288/AF.
No.
06-0350/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-104
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0390/AR.
No.
06-0391/AR.
No.
06-0392/AR.
INTERLOCUTORY ORDERS
No. 06-0318/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-103
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0388/AR.
No.
06-0389/MC.
INTERLOCUTORY ORDERS
No.
00-0252/AR.
No.
06-0011/AF.
Appellant's
motion to attach document granted.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-102
PETITIONS FOR GRANT OF REVIEW DENIED
No.
05-0644/AF.
No.
05-0692/MC.
No.
05-0761/AR.
No.
06-0006/AF.
No.
06-0147/AR.
No.
06-0219/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0382/AR.
No.
06-0383/AR.
No.
06-0384/AR.
No.
06-0385/AR.
No.
06-0386/AR.
No.
06-0387/AR.
INTERLOCUTORY ORDERS
No.
03-0086/AR.
No.
05-0634/MC.
No.
06-0177/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
06-101
HEARINGS
No.
04-0720/AF.
No.
05-0405/NA.
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0565/AR.
WHETHER
APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL IN THAT HIS
DEFENSE
COUNSEL CALLED THE VICTIM AS A WITNESS; ACKNOWLEDGED CREDIBILITY;
CONCEDED THAT
APPELLANT COMMITTED INTERCOURSE, INDECENT ACTS AND SODOMY; FAILED TO
CALL
FAVORABLE SENTENCING WITNESSES; AND FAILED TO OBTAIN FAVORABLE CLEMENCY
MATTERS
FOR PRESENTATION TO THE CONVENING AUTHORITY.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0094/AR.
No.
06-6002/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0381/NA.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 06-8008/NA.
Michael W. PARKER, Petitioner, v. Navy-Marine Corps Court of
Criminal
Appeals, Respondent. CCA 200201230. Petition for extraordinary relief denied.
INTERLOCUTORY ORDERS
No.
06-0320/MC.
No.
06-5003/AR.
No.
06-6004/CG.