UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-227
Friday,
August 31, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0344/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0344/AR.
INTERLOCUTORY ORDERS
No.
03-0389/NA.
No.
07-0730/AR.
No.
07-0747/AR.
No.
07-0750/MC.
No.
07-0477/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-226
Thursday,
August 30, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0241/MC.
No.
07-0383/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0827/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-225
Wednesday,
August 29, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0820/AF.
No.
07-0821/AF.
No.
07-0822/NA.
No.
07-0823/AR.
No.
07-0824/CG.
No.
07-0825/AR.
No.
07-0826/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-224
Tuesday,
August 28, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0519/AR.
WHETHER,
IN LIGHT OF CRAWFORD v. WASHINGTON, 541
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0437/AR.
No.
07-0651/AR.
No.
07-0752/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0817/NA.
No.
07-0818/MC.
No.
07-0819/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-223
Monday,
August 27, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0814/AR.
No.
07-0815/AR.
No.
07-0816/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-222
Friday,
August 24, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0275/AR.
No.
07-0292/AF.
No.
07-0591/AF.
No.
07-0626/AF.
No.
07-0633/AR.
No.
07-0649/AF.
No.
07-0652/AR.
No.
07-0671/AR.
No.
07-0674/AF.
No.
07-0771/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0812/AR.
No.
07-0813/NA.
INTERLOCUTORY ORDERS
No.
07-0020/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-221
Thursday,
August 23, 2007
APPEALS - SUMMARY
DISPOSITIONS
No.
07-0601/MC.
ORDERS GRANTING PETITION FOR REVIEW
No.
07-0601/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0271/NA.
No.
07-0300/MC.
No.
07-0536/AR.
No.
07-0569/AR.
No.
07-0585/AR.
No.
07-0586/AR.
No.
07-0611/AF.
No.
07-0617/AR.
No.
07-0659/AR.
No.
07-0672/AF.
No.
07-0676/MC.
No.
07-0679/AR.
No.
07-0699/NA.
No.
07-0711/MC.
PETITIONS
FOR
GRANT OF REVIEW FILED
No.
07-0810/AR.
No.
07-0811/NA.
INTERLOCUTORY
ORDERS
No.
07-0237/NA.
No.
07-0522/MC.
No.
07-0631/AR.
No.
07-0719/AR.
No.
07-0720/AR.
No.
07-0586/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-220
Wednesday,
August 22, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0807/AR.
No.
07-0808/AF.
No.
07-0809/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-219
Tuesday,
August 21, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0654/AF.
No.
07-0669/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0803/AR.
No.
07-0804/AR.
No.
07-0805/AR.
No.
07-0806/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-218
Monday,
August 20, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0415/AR.
No.
07-0471/AR.
No.
07-0566/AF.
No.
07-0599/NA.
No.
07-0605/AR.
No.
07-0638/AR.
No. 07-0641/AR.
No.
07-0643/AR.
No.
07-0645/AR.
No.
07-0646/AR.
No.
07-0655/AF.
No.
07-0695/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0794/AF.
No.
07-0795/AF.
No.
07-0796/AF.
No.
07-0797/AR.
No.
07-0798/AR.
No.
07-0799/AR.
No.
07-0800/NA.
No.
07-0801/MC.
No.
07-0802/AR.
INTERLOCUTORY ORDERS
No.
07-0173/AR.
No.
07-0253/NA.
No.
07-0316/NA.
No.
07-0706/AR.
No.
07-0708/NA.
No.
07-0712/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-217
Friday,
August 17, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0384/MC.
WHETHER
THE
WHETHER
THE LOWER COURT ERRED IN FINDING THAT THE MILITARY JUDGE'S DECISION TO
ALLOW,
OVER DEFENSE OBJECTION, A NONEXPERT NCIS AGENT TO PROVIDE EXPERT
TESTIMONY TO
THE MEMBERS WAS HARMLESS, WHERE THIS WAS IN VIOLATION OF MILITARY RULE
OF
EVIDENCE 701(c), AND THE GOVERNMENT HAS CONCEDED THAT THIS TESTIMONY
WAS BOTH
MATERIAL TO ITS CASE AND WAS OF HIGH QUALITY.
Briefs
will be filed under Rule 25 on Issue II only.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0918/MC.
No.
07-0791/AR.
No.
07-0792/AR.
No.
07-0793/AR.
INTERLOCUTORY ORDERS
No. 07-0430/AR.
WHETHER
THE EVIDENCE LEGALLY WAS SUFFICIENT TO CONVICT APPELLANT OF MAKING A
FALSE
OFFICIAL STATEMENT THAT HE “WAS NOT PRESENT AT THE TIME OF THE ALLEGED
ACT.”
Appellant’s
brief will be filed within 30 days of the date of this Order. Appellee’s brief will be filed within 30 days
of the filing of Appellant’s brief. A
reply may be filed by Appellant no later than 10 days after the filing
of
Appellee’s brief.
No.
07-0477/AR.
No.
07-0594/AF.
No.
07-6004. U.S. V. Eric
LOPEZ de
* Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-216
Thursday,
August 16, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0221/MC.
DID
A DEFENSE OBJECTION OF "LACK OF FOUNDATION" TO A SUMMARY DOCUMENT
MOVED INTO EVIDENCE UNDER M.R.E. 1006 EITHER INCLUDE OR PRESERVE AN
OBJECTION
TO THE ADMISSIBILITY OF THE UNDERLYING EVIDENCE UPON WHICH THE SUMMARY
WAS
BASED?
WAS
THE EVIDENCE UPON WHICH THE M.R.E. 1006 SUMMARY WAS BASED ADMISSIBLE AS
AN
EXCEPTION TO HEARSAY AND PROFFERED BY A COMPETENT WITNESS?
Briefs
will be filed under Rule 25.
No. 07-0247/AF.
WHETHER THE
CHARGE AND SPECIFICATIONS SHOULD BE DISMISSED
FOR LACK OF PERSONAL JURISDICTION.
Briefs
will be filed under Rule 25.
No. 07-0269/AR.
WHETHER
THE EVIDENCE OF RAPE WAS LEGALLY INSUFFICIENT TO SUPPORT CONVICTION
WHERE THE
GOVERNMENT OFFERED NO EVIDENCE OF IMMEDIATE FORCE AND LACK OF CONSENT
AT OR REASONABLY
NEAR THE TIME THAT THE PROSECUTRIX, INTER ALIA, ARRANGED FOR OFF-BASE
HOTEL
ROOMS TO MEET APPELLANT, MADE HER OWN WAY TO HOTEL ROOMS TO ENGAGE IN
SEXUAL
INTERCOURSE WITH APPELLANT, SMOKED CIGARETTES AND DRANK BEER IN BED
WITH
APPELLANT, AND ORDERED PIZZA AND ATE IT IN BED WITH APPELLANT DURING
HER
MEETINGS WITH APPELLANT WHERE SHE AND APPELLANT ENGAGED IN SEXUAL
INTERCOURSE.
Briefs
will be filed under Rule 25.
No. 07-0322/CG.
WHETHER
THE COAST GUARD COURT OF CRIMINAL APPEALS ERRED IN APPLYING A
CHAPMAN-TYPE
HARMLESS-ERROR ANALYSIS AS OPPOSED TO A STRUCTURAL-TYPE ERROR ANALYSIS
AFTER IT
CONCLUDED THAT THE MILITARY JUDGE COMMITTED AN ERROR OF CONSTITUTIONAL
DIMENSION WHEN HE INSTRUCTED THE MEMBERS THAT A PERSON WHO HAS ENGAGED
IN
UNINFORMED AND UNPROTECTED SEXUAL INTERCOURSE WHILE HIV POSITIVE HAS
COMMITTED
AN OFFENSIVE TOUCHING.
WHETHER,
AFTER THE COAST GUARD COURT OF CRIMINAL APPEALS SET ASIDE A CONVICTION
OF THE
GREATER OFFENSE OF AGGRAVATED ASSAULT, THE COURT WAS PROHIBITED FROM
AFFIRMING
A CONVICTION OF THE LESSER INCLUDED OFFENSE OF ASSAULT CONSUMMATED BY A
BATTERY
WHERE BOTH PARTIES HAD AFFIRMATIVELY WAIVED ANY INSTRUCTION ON THE
LESSER INCLUDED
OFFENSE AND THE MILITARY JUDGE DID NOT INSTRUCT THE MEMBERS ON THE
LESSER
INCLUDED OFFENSE.
Briefs
will be filed under Rule 25.
No. 07-0350/CG.
WHETHER
APPELLANT'S PLEA TO FRAUDULENT ENLISTMENT (CHARGE I) WAS IMPROVIDENT
BECAUSE
THE MILITARY JUDGE FAILED TO ELICIT FACTS SUFFICIENT TO ESTABLISH THAT APPELLANT KNEW HE LIED ABOUT A MATERIAL FACT
RELEVANT TO HIS QUALIFICATIONS FOR ENLISTMENT.
Briefs
will be filed under Rule 25.
No. 07-0436/MC.
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING THE
MILITARY
JUDGE'S DECISION AT TRIAL TO INSTRUCT THE MEMBERS ON THE CLAIMED LESSER
INCLUDED
OFFENSE OF ATTEMPTED MANSLAUGHTER OVER THE ACCUSED'S OBJECTION.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0193/AF.
No.
07-0264/AF.
No.
07-0266/MC.
No.
07-0281/AF.
No.
07-0347/AR.
No.
07-0468/MC.
No.
07-0480/AR.
No.
07-0552/NA.
No.
07-0622/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-215
Wednesday,
August 15, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 05-0627/MC.
No. 07-0338/AR.
No. 07-0524/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0627/MC.
No. 07-0338/AR.
No. 07-0524/AR.
No. 07-0597/AF.
WHETHER
THE ADDENDUM TO THE STAFF JUDGE ADVOCATE'S RECOMMENDATION
CONTAINS "NEW MATTER" NOT PROVIDED TO DEFENSE
COUNSEL FOR COMMENT, NECESSITATING A NEW CONVENING
AUTHORITY ACTION IN THIS CASE.
Briefs
will
be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0788/AR.
No.
07-0789/AR.
No.
07-0790/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-214
Tuesday,
August 14, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 06-0906/AF.
WHETHER
APPELLANT'S CONVICTION FOR VIOLATING ARTICLE 125, UCMJ, BY ENGAGING IN
SODOMY
WITH RJM MUST BE SET ASIDE IN LIGHT OF LAWRENCE v. TEXAS, 539
U.S. 558 (2003),
AND UNITED STATES v. ZACHARY, 63 M.J. 438 (C.A.A.F. 2006).
WHETHER
APPELLANT'S GUILTY PLEA TO SPECIFICATION 2 OF CHARGE III WAS
IMPROVIDENT
BECAUSE THE MISTAKE OF FACT DEFENSE APPLIES TO THE OFFENSE OF KNOWINGLY
VIDEOTAPING A MINOR ENGAGED IN ORAL SODOMY.
No
briefs will be filed under Rule 25.
No. 06-0932/NA.
WHETHER
THE DICTA IN UNITED STATES v. ZACHARY, 63 M.J. 438, 442
(C.A.A.F. 2006),
INDICATING THAT THE DEFENSE OF MISTAKE OF FACT AS TO AGE IS A DEFENSE
FOR THE
CRIME OF SODOMY WITH A CHILD, OVERRULED UNITED STATES v. STRODE,
43 M.J.
29, 31 (C.A.A.F. 1995) (STATING THAT DEFENSE OF MISTAKE OF FACT AS TO
AGE WAS
NOT AVAILABLE TO STRICT LIABILITY OFFENSE OF SODOMY).
IF MISTAKE OF
No
briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0298/AR.
No.
07-0452/MC.
No.
07-0464/AF.
No.
07-0485/AR.
No.
07-0548/AF.
No.
07-0559/AR.
No.
07-0563/AF.
No.
07-0614/AR.
No.
07-0630/AF.
No.
07-0635/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0785/AR.
No.
07-0786/MC.
No.
07-0787/MC.
UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 07-213
Monday,
August 13, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0775/AR.
No.
07-0776/AR.
No.
07-0777/AR.
No.
07-0778/AF.
No.
07-0779/AF.
No.
07-0780/AF.
No.
07-0781/AF.
No.
07-0782/AF.
No.
07-0783/NA.
No.
07-0784/NA.
INTERLOCUTORY ORDERS
No.
07-0105/NA.
No.
07-0538/NA.
No.
07-0553/NA.
No.
07-0619/AR.
No.
07-0628/AF.
No.
07-0657/MC.
No.
07-0693/AR.
No.
07-0698/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-212
Friday,
August 10, 2007
MANDATES ISSUED
No.
07-5002/AR.
DAILY
JOURNAL
No.
07-211
Thursday,
August 9, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
03-0595/AR.
No.
07-0773/AR.
No.
07-0774/AR.
_____________________
* Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-210
Thursday,
August 8, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0770/AR.
No.
07-0771/AR.
No.
07-0772/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No. 07-209
Tuesday, August 7,
2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0768/AR.
No.
07-0769/AR.
INTERLOCUTORY ORDERS
No.
07-0678/AR.
No.
07-0691/NA.
No.
07-0692/AR.
DAILY
JOURNAL
No.
07-208
Monday,
August 6, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
03-0389/NA.
No.
07-0753/AR.
No.
07-0754/AR.
No.
07-0755/AR.
No.
07-0756/AR.
No.
07-0757/AR.
No.
07-0758/AR.
No.
07-0759/AR.
No.
07-0760/AR.
No.
07-0761/AR.
No.
07-0762/MC.
No.
07-0763/MC.
No.
07-0764/MC.
No.
07-0765/NA.
No.
07-0766/AF.
No.
07-0767/AF.
________________________
* Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-207
Friday,
August 3, 2007
INTERLOCUTORY ORDERS
No.
07-0600/NA.
No.
07-0670/AR.
No.
07-0694/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-206
Thursday,
August 2, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0751/AR.
No.
07-0752/MC.
MANDATES ISSUED
No.
06-0914/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-205
Wednesday,
August 1, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0425/AF.
No.
07-0451/AR.
No.
07-0514/AR.
No.
07-0629/AF.
PETITION FOR RECONSIDERATION DENIED
No.
07-5002/AR.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
06-0294/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0748/AR.
No.
07-0749/MC.
No.
07-0750/MC.
INTERLOCUTORY ORDERS
No.
07-0300/MC.
No.
07-0717/NA.