UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-061
Monday,
December 31, 2007
APPEALS-SUMMARY
DISPOSITIONS
No. 07-0385/NA.
WHETHER A JUDGE ON THE
NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS SHOULD HAVE BEEN RECUSED
FROM
ACTING ON A CASE IN WHICH HE HAD PREVIOUS OFFICIAL INVOLVEMENT AND
KNOWLEDGE OF
SALIENT FACTS OUTSIDE THE RECORD OF TRIAL.
The case is
returned to the Judge Advocate General
of the Navy for remand to the United States Navy-Marine Corps Court of
Criminal
Appeals to reconsider Appellant’s Motion for Panel and En Banc
Reconsideration
and Appellant’s Panel and En Banc Motion to Recuse Senior Judge E. E.
Geiser,
and Judges J. W. Rolph and E. D. Mitchell from Appellant’s Case, in
light of
the entire file of the Administrative Law Division of the Judge
Advocate
General of the Navy that is now attached to the record.
This reconsideration will be before judges
who have not previously participated in this case.
Thereafter, Article 67, UCMJ, 10 U.S.C. § 867
(2000), shall apply. This is without
prejudice to raising the other issues assigned in the instant petition
for
grant of review. [See also ORDERS GRANTING PETITION FOR REVIEW this
date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0385/NA.
MANDATES ISSUED
No.
07-0079/AR.
No.
07-0188/AF.
No.
07-0412/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-060
Friday,
December 28, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0228/AR.
No.
08-0229/AR.
No.
08-0230/AR.
No.
08-0231/AF.
No.
08-0232/AF.
No.
08-0233/AF.
No.
08-0234/AF.
No.
08-0235/AF.
No.
08-0236/AF.
No.
08-0237/AF.
No.
08-0238/AF.
No.
08-0239/AF.
No.
08-0240/AF.
INTERLOCUTORY ORDERS
No.
07-0482/MC.
No.
07-8012/NA.
No.
08-0057/NA.
No.
08-0162/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-059
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0225/AR.
No.
08-0226/AR.
No.
08-0227/MC.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-058
Wednesday,
December 26, 2007
CERTIFICATES FOR
REVIEW FILED
No. 08-5005/AF.
WHETHER THE AIR
FORCE COURT OF CRIMINAL APPEALS APPLIED THE
CORRECT STANDARD OF REVIEW WHEN DETERMINING WHETHER THE MILITARY JUDGE
ABUSED
HIS DISCRETION WHEN HE DENIED THE DEFENSE MOTION FOR A SANITY BOARD.
WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THE MILITARY
JUDGE
ABUSED HIS DISCRETION WHEN HE DENIED APPELLANT’S REQUEST FOR A SANITY
BOARD
FINDING HE HAD NOT MET HIS BURDEN OF FACTUAL PERSUASION TO JUSTIFY AN
INQUIRY
PURSUANT TO R.C.M. 706.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0221/AR.
No. 08-0222/AR.
No. 08-0223/AR.
No. 08-0224/AR.
INTERLOCUTORY ORDERS
No. 07-0544/AR.
No. 07-0763/MC.
No. 07-0787/MC.
No. 08-0108/AR.
No. 08-0127/AR.
No. 08-0141/AF.
No. 08-0145/AR.
No. 08-0158/AR.
No. 08-0161/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-057
Friday,
December 21, 2007
INTERLOCUTORY ORDERS
No. 08-5001/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0850/AF.
No.
07-0880/AR.
No.
08-0008/AR.
No.
08-0058/AR.
No.
08-0067/AF.
No.
08-0080/AR.
No.
08-0098/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0218/AF.
No.
08-0219/AF.
No.
08-0220/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-056
Thursday,
December 20, 2007
APPEALS - SUMMARY DISPOSITIONS
No. 07-0840/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0840/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0217/MC.
INTERLOCUTORY ORDERS
No. 07-0229/NA.
No. 07-0544/AR.
No. 07-0763/MC.
No. 07-0850/AF.
No. 07-0852/NA.
No. 08-0116/AF.
No. 08-0159/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-055
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0496/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0215/NA.
No.
08-0216/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-054
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0628/AF.
No. 07-0746/AF.
No. 07-0876/AF.
No. 08-0021/AR.
No. 08-0037/AR.
No. 08-0059/AR.
No. 08-0081/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0212/NA.
No. 08-0213/NA.
No. 08-0214/NA.
INTERLOCUTORY ORDERS
No. 07-0503/MC.
No. 07-0701/CG.
No. 08-0040/NA.
No. 08-0045/NA.
No. 08-0077/AR.
No. 08-0095/MC.
No. 08-0097/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-053
Monday,
December 17, 2007
APPEALS-SUMMARY
DISPOSITIONS
No. 07-0253/NA.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0253/NA.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0789/AR.
No.
07-0814/AR.
No.
07-0823/AR.
No.
07-0846/AF.
No.
07-0859/AF.
No.
07-0867/AR.
No.
07-0871/NA.
No.
07-0899/AF.
No.
08-0017/AR.
No.
08-0019/AR.
No.
08-0033/AF.
No.
08-0047/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0201/AR.
No.
08-0202/AR.
No.
08-0203/NA.
No.
08-0204/AF.
No.
08-0205/AF.
No.
08-0206/AF.
No.
08-0207/AF.
No.
08-0208/AF.
No.
08-0209/AF.
No.
08-0210/AF.
No.
08-0211/AR.
INTERLOCUTORY ORDERS
No. 07-0774/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-052
Friday,
December 14, 2007
APPEALS - SUMMARY DISPOSITIONS
No. 07-0516/AR.
No. 07-0762/MC.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0516/AR.
No. 07-0615/NA.
WHETHER, IN LIGHT
OF THIS
COURT'S DECISION IN UNITED STATES v. ZACHARY, 63 M.J. 438
(C.A.A.F.2006),
THE CCA ERRED IN AFFIRMING APPELLANT'S GUILTY PLEA TO CONSENSUAL SODOMY
WITH A
PERSON UNDER THE AGE OF 16 WHEN THE MILITARY JUDGE ERRONEOUSLY INFORMED
APPELLANT THAT A MISTAKE OF FACT DEFENSE AS TO AGE CATEGORICALLY DID
NOT APPLY
TO THE SODOMY CHARGE.
No briefs will be
filed
under Rule 25.
No. 07-0722/AR.
WHETHER
THE EVIDENCE IS LEGALLY INSUFFICIENT TO SUPPORT A FINDING OF GUILT FOR
TRANSPORTING CHILD PORNOGRAPHY IN INTERSTATE COMMERCE WHEN NO EVIDENCE
EXISTS
THAT APPELLANT UPLOADED CHILD PORNOGRAPHY FROM HIS COMPUTER TO THE
INTERNET
FILE-SHARING PROGRAM "KAZAA."
WHETHER THE ARMY
COURT ERRED
IN AFFIRMING THE FINDING OF GUILTY FOR SPECIFICATION 1 OF CHARGE I WHEN
THE COURT
AFFIRMED UNDER A DIFFERENT THEORY OF LIABILITY THAN WAS PROFFERED TO
THE
MILITARY PANEL, IN CONTRAVENTION OF CHIARELLA v. UNITED STATES,
445 U.S.
222 (1980).
WHETHER THE
MILITARY JUDGE
FAILED TO PROPERLY INSTRUCT THE PANEL ON THE ELEMENTS FOR SPECIFICATION
1 OF
CHARGE I, BY: (1) OMITTING THE CHARGED LANGUAGE "CAUSE TO BE
TRANSPORTED"
FROM THE ORAL AND WRITTEN INSTRUCTIONS; (2) FAILING TO INSTRUCT ON A
POSSIBLE
GOVERNMENT ALTERNATE THEORY OF LIABILITY UNDER ARTICLE 77, UCMJ; AND
(3)
FAILING TO PROPERLY INSTRUCT ON THE TERM "UPLOADING' WHEN THE COMPUTER
EXPERTS AT TRIAL PROVIDED TWO VARYING DEFINITIONS.
Briefs will be
filed under
Rule 25.
No. 07-0762/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0430/AR.
No. 07-0547/AF.
No. 07-0693/AR.
No. 07-0849/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0196/AR.
No. 08-0197/AR.
No. 08-0198/AF.
No. 08-0199/AF.
No. 08-0200/NA.
INTERLOCUTORY
ORDERS
No. 06-0908/NA.
No. 07-0346/AR.
No. 08-0085/AR.
No. 08-0096/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-051
Thursday,
December 13, 2007
CERTIFICATES FOR
REVIEW FILED
No. 08-5004/AR.
WHETHER
THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ERRED IN HOLDING THAT
THE
TRIAL DEFENSE COUNSEL PROVIDED INEFFECTIVE ASSISTANCE OF COUNSEL
BECAUSE HE
WAIVED AN AFFIRMATIVE DEFENSE INSTRUCTION.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-050
Wednesday,
December 12, 2007
HEARINGS
No.
07-0221/MC.
No.
07-0495/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0861/AF.
No.
07-0886/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0194/AR.
No.
08-0195/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-049
Tuesday,
December 11, 2007
HEARINGS
No.
07-0436/MC.
No.
07-0225/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0192/AR.
No.
08-0193/AR.
INTERLOCUTORY ORDERS
No.
07-0647/AR.
No.
07-0787/MC.
No.
07-0900/MC.
No.
08-0020/AR.
No.
08-0103/MC.
No.
08-0104/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-048
Monday,
December 10, 2007
HEARINGS
No.
07-5003/AF.
No.
07-0597/AF.
APPEALS - SUMMARY DISPOSITIONS
No.
06-0001/AR.
ORDERS GRANTING PETITION FOR REVIEW
No.
06-0001/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
03-0688/NA.
No.
08-0175/AR.
No.
08-0176/AR.
No.
08-0177/AR.
No.
08-0178/AR.
No.
08-0179/AR.
No.
08-0180/AR.
No.
08-0181/AR.
No.
08-0182/AR.
No.
08-0183/AF.
No.
08-0184/AF.
No.
08-0185/AF.
No.
08-0186/AF.
No.
08-0187/AF.
No.
08-0188/AF.
No.
08-0189/MC.
No.
08-0190/NA.
No.
08-0191/NA.
MISCELLANEOUS
No.
07-0870.
___________________
* Third
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-047
Friday,
December 7, 2007
CERTIFICATES FOR
REVIEW FILED
No. 08-5003/AF.
WHETHER THE AIR
FORCE COURT OF CRIMINAL APPEALS ERRED IN
FINDING TRIAL DEFENSE COUNSEL INEFFECTIVE.
WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN REJECTING TRIAL
DEFENSE
COUNSEL’S
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0721/AR.
No.
07-0841/AF.
No.
07-0860/AF.
No.
07-0866/AF.
No.
07-0890/AF.
No.
07-0891/AF.
No.
08-0036/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0174/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 08-8004/NA.
Charles D. MYERS, Appellant v. Marie Danyluk,
Misc.
No. 08-8005/AR.
Charles N. TAMFU, Petitioner, v.
INTERLOCUTORY ORDERS
No.
07-0379/NA.
No.
07-0527/MC.
No.
07-0725/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-046
Thursday,
December 6, 2007
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0510/NA.
No.
07-0535/AR.
No.
07-0724/AR.
No.
07-0768/AR.
No.
07-0792/AR.
No.
07-0874/NA.
No.
07-0881/AR.
No.
08-0026/MC.
No.
08-0039/AR.
No.
08-0049/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0170/AR.
No.
08-0171/AR.
No.
08-0172/AR.
No.
08-0173/AR.
INTERLOCUTORY ORDERS
No.
07-5003/AF.
No.
07-5004/AF.
SPECIAL DOCKET MATTERS
No.
08-02.
In the Matter of William Franklin PARTRIDGE,
III. It appearing that
the above-named attorney is a
member of the Bar of this Court, that on July
18, 2007, he was suspended from the practice of law by the
Supreme Court
of South Carolina, that on October 2,
2007 he
was suspended from the practice of law by the United States Court of
Appeals
for the Fourth Circuit, that on October 29,
2007, pursuant to Rule 15(b), Rules of Practice and Procedure,
United
States Court of Appeals for the Armed Forces, said attorney was
suspended from
the practice of law before the Court and was directed to show cause why
he
should not be disbarred, and considering the matters submitted by the
above-named attorney on November 29,
2007, in
response to the show cause order, it is ordered that William Franklin
Partridge, III, is suspended from the practice of law before this Court
until
such time as he is reinstated to the practice of law in the State of
South
Carolina and in the United States Court of Appeals for the Fourth
Circuit, and,
upon proof of reinstatement, he petitions this Court for reinstatement
to the
Bar of the Court.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-045
Wednesday,
December 5, 2007
HEARINGS
No.
07-0229/NA.
No.
07-0386/CG.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0169/MC.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
08-8004/NA.
Charles D. MYERS, Appellant v. Marie Danyluk,
INTERLOCUTORY ORDERS
No.
07-0555/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-044
Tuesday,
December 4, 2007
HEARINGS
No.
07-0199/AR.
No.
07-0407/AR.
APPEALS-SUMMARY DISPOSITIONS
No. 04-0313/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0167/AR.
No.
08-0168/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-043
Monday,
December 3, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No. 08-0150/AF.
No. 08-0151/AF.
No. 08-0152/AF.
No. 08-0153/AF.
No. 08-0154/AF.
No. 08-0155/AF.
No. 08-0156/AF.
No. 08-0157/AF.
No. 08-0158/AR.
No. 08-0159/NA.
No. 08-0160/AR.
No. 08-0161/AR.
No. 08-0162/AR.
No. 08-0163/AR.
No. 08-0164/AR.
No. 08-0165/AR.
No. 08-0166/AR.
INTERLOCUTORY ORDERS
No. 04-0313/AF.
No. 06-0918/MC.
No. 07-0527/MC.
No. 07-0639/MC.
No. 08-0006/AR.
No. 08-5001/MC.
No. 08-6001/NA.
No. 98-0497/NA.