UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-040
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0137/AR.
No.
07-0138/MC.
No.
07-0139/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-039
HEARINGS
No.
06-0610/AR.
No.
06-0050/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0136/AR.
INTERLOCUTORY ORDERS
No.
05-0649/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-038
HEARINGS
No. 06-0520/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0925/AR.
No. 07-0007/AF.
No. 07-0014/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0130/AR.
No. 07-0131/AR.
No. 07-0132/AR.
No. 07-0133/AR.
No. 07-0134/NA.
No. 07-0135/MC.
INTERLOCUTORY ORDERS
No. 06-0918/MC.
No. 07-0029/MC.
No. 07-0034/AR.
No. 07-0055/AR.
No. 07-0056/AR.
No. 07-0057/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-037
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
06-0931/AR.
No.
07-0017/AR.
No.
07-0046/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0122/AR.
No.
07-0123/AR.
No.
07-0124/AF.
No.
07-0125/AF.
No.
07-0126/AF.
No.
07-0127/AF.
No.
07-0128/AR.
No.
07-0129/NA.
PETITIONS FOR NEW TRIAL - FILINGS
No.
07-0121/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-036
MISCELLANEOUS DOCKET - FILINGS
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-035
APPEALS – SUMMARY DISPOSITIONS
No. 04-0428/AF.
ORDERS GRANTING
PETITION FOR REVIEW
No. 04-0428/AF.
No. 06-0758/AF.
WHETHER
APPELLANT'S PLEAS OF
GUILTY TO ASSAULT CONSUMMATED BY
Briefs will be
filed under
Rule 25.
No. 06-0911/AF.
WHETHER, IN LIGHT
OF UNITED
STATES v.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0120/AR.
No. 07-0121/MC.
INTERLOCUTORY ORDERS
No. 03-0071/AF.
No. 06-0714/AF.
No. 06-0897/AR.
No. 07-0027/AR.
No. 07-0035/AR.
No. 07-0062/MC.
MANDATES ISSUED
No. 04-0799/NA.
No. 05-0405/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-034
APPEALS - SUMMARY
DISPOSITIONS
No. 06-0752/NA.
WHETHER
APPELLANT’S DUE
PROCESS RIGHTS TO A TIMELY REVIEW WERE VIOLATED.
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. 06-0821/NA.
WHETHER APPELLANT
WAS DENIED DUE
PROCESS OF LAW WHERE THE LOWER COURT DECIDED APPELLANT'S CASE 2,499
DAYS AFTER
HIS COURT-MARTIAL; and
The
decision of the United Navy-Marine Corps Court of Criminal Appeals is
affirmed.
[See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0752/NA.
No. 06-0821/NA.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0781/AF.
No. 06-0835/AF.
No. 06-0866/AR.
No. 06-0879/AF.
No. 06-0946/MC.
No. 06-0953/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0118/AR.
No. 07-0119/NA.
INTERLOCUTORY ORDERS
No. 06-0745/AR.
Appellee's motion
for leave out of time and motion
for extension of time to file an answer to Appellant's brief granted, up to and including
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-033
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0715/AF.
WHETHER THE TRIAL
COUNSEL COMMITTED PLAIN ERROR DURING HIS
SENTENCING ARGUMENT BY COMPARING APPELLANT TO OSAMA
BIN LADEN AND ADOLPH HITLER AND BY APPEALING TO POTENTIAL
RELIGIOUS
BIASES OF THE MILITARY JUDGE BY COMPARING APPELLANT TO THE DEVIL AND
ARGUING
THAT APPELLANT IS GOING TO HELL.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0113/AR.
No.
07-0114/AR.
No.
07-0115/AR.
No.
07-0116/MC.
No.
07-0117/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-032
APPEALS - SUMMARY
DISPOSITIONS
No. 06-0630/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0630/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0794/AF.
No.
06-0854/AR.
No.
06-0910/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0285/AF.
No.
07-0109/AF.
No.
07-0110/AF.
No.
07-0111/AF.
No.
07-0112/AF.
_______________
*
Second petition
filed in this case.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-031
ORDERS GRANTING
PETITION FOR REVIEW
No. 06-0502/AF.
I. WHETHER
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.
No briefs will be
filed
under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0108/AR.
INTERLOCUTORY ORDERS
No. 06-0439/AF.
No. 06-0474/AF.
No. 06-0876/MC.
No. 06-0897/AR.
No. 06-0900/AR.
No. 06-0933/MC.
No. 07-0024/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-030
HEARINGS
No. 06-0060/AF.
No. 06-0207/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0107/AR.
ORDERS DENYING PETITION FOR RECONSIDERATION
No. 04-0799/NA.
No.05-0405/NA.
A party
seeking reconsideration bears the burden of demonstrating that the
Court
“overlooked or misapprehended” a point of law or fact.
C.A.A.F. R. 32. The Government’s
petition refers to our
Court’s citation of United States v. Cardwell, 15 M.J. 124, 126
(C.M.A.
1983). See
The
Government contends that Cardwell is not a valid precedent in
light of
Rule for Courts-Martial (R.C.M.) 916(e)(4). The Government’s position is inconsistent
with the manner in which it has litigated this case.
In its
brief to the United States Navy-Marine Corps Court of Criminal Appeals,
the
Government cited and discussed Cardwell without any suggestion that Cardwell
no longer served as a valid precedent.
There was no mention of R.C.M. 916(e)(4)
in the
Government’s brief. The ensuing opinion
of the Court of Criminal Appeals expressly stated that Appellant was
“correct”
in relying on Cardwell as an accurate statement of the law.
MANDATES ISSUED
No. 05-0260/AF.
No. 05-5002/MC.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-029
HEARINGS
No. 05-0565/AR.
No. 06-5005/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0936/AF.
No. 06-0948/AR.
No. 06-0956/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0102/AR.
No. 07-0103/AR.
No. 07-0104/AR.
No. 07-0105/NA.
No. 07-0106/NA.
INTERLOCUTORY ORDERS
No. 07-0010/AR.
No. 07-0013/AR.
No. 07-0018/AR.
No. 07-0019/AR.
No. 07-0020/AR.
No. 07-0025/AR.
No. 07-0028/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-028
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0092/AR.
No.
07-0093/AR.
No.
07-0094/AR.
No.
07-0095/AR.
No.
07-0096/AR.
No.
07-0097/AF.
No.
07-0098/AF.
No.
07-0099/AF.
No.
07-0100/AF.
No.
07-0101/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-027
APPEALS - SUMMARY
DISPOSITIONS
No. 06-0684/MC.
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0684/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0850/AR.
No.
06-0856/AR.
No.
06-0884/AR.
No.
06-0939/AR.
No.
07-0001/AR.
No.
07-0009/AR.
INTERLOCUTORY ORDERS
No.
06-0563/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-026
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0090/AR.
No.
07-0091/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-025
APPEALS – SUMMARY DISPOSITIONS
No. 04-0480/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0657/AF.
I.
WHETHER THE MILITARY JUDGE ERRED IN ADMITTING
EVIDENCE OF ALLEGED SEXUAL MOLESTATION ACTS BY APPELLANT TOWARDS [SC]
AND [JR]
AND FAILED TO ADEQUATELY INSTRUCT THE PANEL ON HOW TO USE SUCH EVIDENCE.
II. WHETHER THE
TRIAL COUNSEL IMPROPERLY ENGAGED IN INFLAMMATORY, IRRELEVANT, AND
PREJUDICIAL
COMMENTS DURING ARGUMENT BY URGING THE MEMBERS DURING THE MERITS AND
SENTENCING
TO RENDER JUSTICE NOT ONLY FOR THE ALLEGED VICTIMS OF THE CHARGED
OFFENSES BUT
FOR AN ALLEGED VICTIM OF UNCHARGED MISCONDUCT AS WELL.
Briefs will be
filed under
Rule 25.
The Government is
ordered to
produce pages 288 and 418 of the record and to ensure that its brief
complies
with the limitations in Rule 24.
ORDERS DENYING PETITION FOR RECONSIDERATION
No. 05-0260/AF.
No. 05-5002/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0693/MC.
No. 06-0703/AR.
No. 06-0795/AF.
No. 06-0823/AF.
No. 06-0864/AR.
No. 06-0890/AF.
No. 06-0938/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0087/AR.
No. 07-0088/AR.
No. 07-0089/MC.
MISCELLANEOUS DOCKET-SUMMARY DISPOSITIONS
No. 06-0434/AR.
INTERLOCUTORY ORDERS
No. 06-0917/AR.
No. 07-0016/MC.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-024
APPEALS - SUMMARY
DISPOSITIONS
No. 06-0787/NA.
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0611/MC.
WHETHER THE
And the following
issue
specified by the Court:
WHETHER
APPELLANT'S DUE PROCESS RIGHTS TO A TIMELY REVIEW WERE VIOLATED.
Briefs will be
filed under
Rule 25 on the assigned issue only.
No. 06-0621/AR.
I.
WHETHER THE MILITARY JUDGE ABUSED HIS
DISCRETION BY DENYING FIVE OUT OF EIGHT OF APPELLANT'S CHALLENGES FOR
CAUSE,
WHERE FOUR OUT OF THE SIX MEMBERS EITHER EXPRESSED DIFFICULTY
CONSIDERING
APPELLANT'S REHABILITATIVE POTENTIAL AND THE
II. WHETHER
APPELLANT WAS DENIED HIS CONSTITUTIONAL RIGHT TO A FAIR AND IMPARTIAL
PANEL,
WHERE FOUR OUT OF THE SIX MEMBERS EITHER EXPRESSED DIFFICULTY
CONSIDERING APELLANT'S
REHABILITATIVE POTENTIAL AND THE
Briefs will be
filed under
Rule 25.
No. 06-0683/NA.
WHETHER
THE COURT OF CRIMINAL APPEALS APPLIED THE CORRECT STANDARD IN AFFIRMING
THE
MILITARY JUDGE'S DECISION TO DENY THE CHALLENGE FOR CAUSE AGAINST CHIEF
DAMAGE
CONTROLMAN [C].
Briefs will be
filed under Rule 25.
No. 06-0793/AF.
WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS FAILED TO CONDUCT A PROPER
REVIEW UNDER
ARTICLE 66(c), UCMJ, BECAUSE THE COURT CONSIDERED EVIDENCE OUTSIDE THE
RECORD
IN CONDUCTING ITS FACTUAL AND LEGAL SUFFICIENCY REVIEWS.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0077/AR.
No. 07-0078/AR.
No. 07-0079/AR.
No. 07-0080/AF.
No. 07-0081/AF.
No. 07-0082/AF.
No. 07-0083/NA.
No. 07-0084/MC.
No. 07-0085/MC.
No. 07-0086/NA.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
07-8001/NA.
INTERLOCUTORY ORDERS
No. 06-0001/AR.
Appellant's second
motion to extend time to file a brief granted, up to
and including
No. 06-0502/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-023
APPEALS – SUMMARY
DISPOSITIONS
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0505/AR.
I.
WHETHER THE EVIDENCE IS LEGALLY SUFFICIENT TO
PROVE CHARGE III, SPECIFICATION 2 (DISTRIBUTE MARIJUANA).
II. WHETHER SPECIFICATION 1 OF CHARGE III
(POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA ON OR ABOUT
III. WHETHER THE
DILATORY POST-TRIAL AND APPELLATE PROCESSING WARRANTS RELIEF.
Briefs will be
filed under
Rule 25 on Issues I and II only.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0496/AF.
No. 06-0551/AF.
No. 06-0713/AF.
No. 06-0735/AF.
No. 06-0789/AR.
No. 06-0813/NA.
No. 06-0831/AR.
No. 06-0851/AR.
No. 06-0871/MC.
No. 06-0873/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0075/AR.
No. 07-0076/AR.
INTERLOCUTORY ORDERS
No. 06-0001/AR.
No. 06-0795/AF.
No. 06-0839/NA.
No. 06-0893/AF.
No. 07-0002/AR.
No. 07-0003/AR.
No. 07-0004/AR.
No. 07-0011/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-022
APPEALS - SUMMARY DISPOSITIONS
No. 05-0579/AF.
No. 06-0637/NA.
No. 06-0740/MC.
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0579/AF.
No. 06-0637/NA.
No. 06-0740/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0072/MC.
No.
07-0073/MC.
No.
07-0074/NA.
______________________
*It is
directed that the promulgating order be corrected to reflect the pleas
and
findings to each specification.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-021
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0068/AR.
No.
07-0069/AR.
No.
07-0070/MC.
No.
07-0071/MC.