DAILY
JOURNAL
No.
07-098
Wednesday,
February 28, 2007
HEARINGS
No.
06-0911/AF.
U.S. v. James E. BARE
Jr.
CCA 35863.
No.
06-0914/AF.
U.S. v. Robert D.
TIPPIT.
CCA 35624.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0010/AR.
U.S. v. Javier J.
SMITH.
CCA 20030910.
MANDATES ISSUED
No.
06-0050/AR.
U.S. v. Kim A.
CARRUTHERS.
CCA 20010700.
DAILY
JOURNAL
No.
07-097
Tuesday, February
27, 2007
HEARINGS
No. 06-0758/AF.
U.S. v.
Matthew S. CARR.
CCA 35772.
No. 06-0715/AF.
U.S. v. Kelly
S. ERICKSON.
CCA 35495.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0337/AR.
U.S. v. Brian
L. KECK.
CCA 20050926.
No. 07-0338/AR.
U.S. v. Jason
L. LEWIS.
CCA 20040226.
No. 07-0339/NA.
U.S. v. Peter
T. KOGAN.
CCA 200500713.
INTERLOCUTORY ORDERS
No. 06-0510/MC.
U.S. v. Jason
A. FORREST.
CCA 200000133. Appellant's
motion for enlargement of time to
file en banc petition for reconsideration denied.
No. 06-0914/AF.
U.S. v. Robert
D. TIPPIT.
CCA 35624. Appellant's
motion to submit documents, and
motion to submit document out of time denied.
No. 07-0235/NA.
U.S. v.
Jemichael R. JACOBS.
CCA
200601017. Appellant's motion to
extend time to file the supplement to the petition for grant of review
granted
to March 24, 2007.
No. 07-0236/MC.
U.S. v. Craig
H. EMBRY.
CCA 200600572. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to March 23, 2007.
No. 07-0238/AR.
U.S. v. Edward
L. RICHMOND, Jr.
CCA 20040787. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to March 26, 2007.
No. 07-0241/MC.
U.S. v. Thomas
H. KING.
CCA 200401338. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to March 5, 2007.
No. 07-0243/NA.
U.S. v.
Verdell R. LONDON.
CCA 200500323. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to March 5, 2007.
DAILY
JOURNAL
No.
07-096
Monday, February
26, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
06-0745/AR.
U.S. v. Anton C.
EDWIN.
CCA 20050607.*
No.
07-0325/AR.
U.S. v. Ryan C.
WARREN.
CCA 20050628.
No.
07-0326/AR.
U.S. v. Allan R.
GRAY, Jr.
CCA 20060366.
No.
07-0327/AR.
U.S.
v. Chance E. REDD.
CCA 20051308.
No.
07-0328/AR.
U.S. v. Brian CHARLEY.
CCA 20041225.
No.
07-0329/AR.
U.S. v. Jeremy L.
BRISCOE.
CCA 20060488.
No.
07-0330/AR.
U.S. v. Genaro
TREVINO.
CCA 20040144.
No.
07-0331/AR.
U.S. v. Reggie L.
PERRY.
CCA 20051250.
No.
07-0332/AF.
U.S. v. Thomas E.
AMBROSE IV.
CCA S31107.
No.
07-0333/AF.
U.S. v. Ryan E.
MCCLAIN.
CCA 36429.
No.
07-0334/AF.
U.S. v. Donald W.
JEWELL.
CCA 36624.
No.
07-0335/AF.
U.S. v. Jessica C.
TAPMAN.
CCA S31112.
No.
07-0336/AF.
U.S. v. Mathieu ST. LAURENT.
CCA S30955.
No.
07-6003/AR.
U.S.
v. Ricardo JONES, Jr. CCA
20060858.
_____________________
* Second petition
filed in this case.
DAILY
JOURNAL
No.
07-095
Friday, February
23, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0321/AR.
U.S. v. Allen M.
KNOLL.
CCA 20050880.
No.
07-0322/CG.
U.S. v. Christopher
M. UPHAM.
CCA 1235.
No.
07-0323/AF.
U.S. v. Dean R.
ROEHRIG.
CCA S30785.
No.
07-0324/AF.
U.S. v. Frederick B.
WILLIAMS.
CCA 36746.
MANDATES ISSUED
No.
06-0119/NA.
U.S. v. James E.
RANKIN.
CCA 200101441.
No.
06-0238/NA.
U.S. v. Richard C.
FOSTER.
CCA 200301262.
DAILY
JOURNAL
No.
07-094
Thursday,
February 22, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 05-0471/AR. U.S. v. Patrick A.
MONETTE.
CCA
20020088.
On consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal
Appeals,
said petition is granted and the decision of the United States Army
Court of
Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR
REVIEW
this date.]
No. 07-0102/AR. U.S. v. Sherman T. COOLEY. CCA 20030735.
On consideration
of the petition for grant of review of the decision of the United
States Army
Court of Criminal Appeals, said petition is granted and the decision of
the
United States Army Court of Criminal Appeals is affirmed. [See also
ORDERS
GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 05-0471/AR. U.S. v. Patrick A.
MONETTE.
CCA
20020088. [See also
APPEALS – SUMMARY DISPOSITIONS this date.]
No. 06-0768/NA. U.S. v. Stanley O. OTHURU. CCA 20031631.
Review granted on the following issue assigned by appellate
defense
counsel:
WHETHER
THE ADMISSION OF TWO SWORN OUT-OF-COURT STATEMENTS FROM APPELLANT'S
MOTHER AND
WIFE WHO ACCUSED APPELLANT OF ENTERING INTO A FRAUDULENT MARRIAGE IS
HARMLESS
BEYOND A REASONABLE DOUBT IN A COURT-MARTIAL WHERE APPELLANT WAS
CONVICTED FOR
FRAUDULENTLY COLLECTING BASIC ALLOWANCE FOR HOUSING (BAH) BY ENTERING
INTO A
FRAUDULENT MARRIAGE.
and the following
issue
specified by the Court:
WHETHER APPELLANT
WAS DENIED DUE PROCESS OF LAW WHERE THE LOWER COURT DECIDED
APPELLANT'S CASE
1,298 DAYS AFTER HIS COURT-MARTIAL.
Briefs will be
filed under
Rule 25.
No. 07-0102/AR. U.S. v. Sherman T. COOLEY. CCA 20030735. [See also APPEALS –
SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0145/AR.
U.S. v. James
P. TOTTEN.
CCA 20060284.
No. 07-0161/AR.
U.S. v. Todd
A. BARSELOW.
CCA 20031079.
No. 07-0167/AF.
U.S. v. John
J. LAZARD.
CCA 36430.
No. 07-0204/AF.
U.S. v. Adam L.
MILES.
CCA 36533.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0318/NA.
U.S. v. Thomas
M. LEROUX.
CCA 200201145.
No. 07-0319/AR.
U.S. v. Curtis
L. PARKER.
CCA 20050671.
No. 07-0320/AR.
U.S. v.
Shannon D. CAUSEY.
CCA 20050963.
PETITIONS FOR RECONSIDERATION DENIED
No. 06-0291/NA. U.S., Appellee, v.
David D. TATE,
Appellant. CCA 200201202.
Appellee’s petition for
reconsideration of this Court’s decision, 64 M.J. 269 (C.A.A.F. 2007),
denied.
MISCELLANEOUS DOCKET – SUMMARY DISPOSITIONS
Misc. No.
07-8006/AF. Melvert
Washington, Jr., Appellant/Petitioner. v. United States,
Appellee/Respondent. On consideration of
the
Appellant/Petitioner’s petition for reconsideration of this Court’s
order
issued January 23, 2007, said petition
is denied.
INTERLOCUTORY ORDERS
No. 07-0223/NA.
U.S. v. Fonzay
O. KNIGHT.
CCA 200500541. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to March 20, 2007.
No. 07-0231/AR.
U.S. v.
Kenneth A. SCHOEB, II.
CCA
20050726. Appellant's motion to
extend time to file the supplement to the petition for grant of review
granted
to March 22, 2007.
No. 07-0233/AR.
U.S. v. Jason
M. MCMANUS.
CCA 20050856. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to March 22, 2007.
No. 07-0251/NA.
U.S. v.
Michael A. BARSIC.
CCA 200400830. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to March 28, 2007.
DAILY
JOURNAL
No.
07-093
Wednesday,
February 21, 2007
APPEALS - SUMMARY
DISPOSITIONS
No.
03-0651/MC.
U.S. v. Wesley B.
NEGRON.
CCA 200100844.
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. 06-0786/MC. U.S. v. James D.
MUHAMMAD.
CCA
200400030.
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 hereby 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.]
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0651/MC. U.S. v. Wesley B.
NEGRON.
CCA 200100844. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 06-0786/MC. U.S. v. James D.
MUHAMMAD.
CCA 200400030. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0181/AR.
U.S. v. Douglas R.
KEETON.
CCA 20041230.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0159/AR.
U.S. v. Jeremy T.
WILCOX.
CCA 20000876.*
No.
07-0315/NA.
U.S. v. Bold R. HOOD.
CCA 200300827.
No.
07-0316/NA.
U.S. v. Dennis R. TOY.
CCA 200001418.
No.
07-0317/AR.
U.S. v. Paul A.
ROBERTS.
CCA 20050426.
_______________________
* Second petition
filed in this case.
DAILY
JOURNAL
No.
07-092
Tuesday, February
20, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 03-0128/AF. U.S. v. Gregory P.
BANKER.
CCA
34531.
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.]
No. 06-0734/NA. U.S. v. James W.
FUHRMAN.
CCA
200200494.
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.]
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0128/AF. U.S. v. Gregory P.
BANKER.
CCA
34531. [ See
also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 05-0139/MC. U.S. v. Gerald R.
PFLUEGER III.
CCA
200400213.
Review granted on the following issues raised
by appellate defense counsel:
I. WHETHER
APPELLANT IS
ENTITLED TO FINANCIAL COMPENSATION OR OTHER RELIEF UNDER ARTICLE 58b(c)
OR
OTHERWISE AS A RESULT OF THE REMISSION OF THE ADJUDGED BAD-CONDUCT
DISCHARGE BY
THE CONVENING AUTHORITY, AND IF SO, THE DURATION AND AMOUNT OF SUCH
COMPENSATION OR OTHER RELIEF.
II. WHETHER
APPELLANT IS
ENTITLED TO FINANCIAL COMPENSATION OR OTHER RELIEF UNDER ARTICLE 58b(c)
OR
OTHERWISE AS A RESULT OF THE DECISION OF THE COURT OF CRIMINAL APPEALS
TO
APPROVE A SENTENCE THAT DID NOT INCLUDE A
BAD-CONDUCT
DISCHARGE, AND, IF SO: (1) THE DURATION AND AMOUNT OF SUCH COMPENSATION
OR
OTHER RELIEF; AND (2) WHETHER SUCH COMPENSATION OR OTHER RELIEF WAS IN
ADDITION
TO ANY COMPENSATION OR OTHER RELIEF TO WHICH APPELLANT WAS ENTITLED
UNDER THE
FIRST ERROR ASSIGNED FOR REVIEW.
Briefs will be
filed under
Rule 25.
No. 06-0734/NA. U.S. v. James W.
FUHRMAN.
CCA 200200494. [See also APPEALS –
SUMMARY DISPOSITIONS this date.]
No. 07-0093/AR. U.S. v. James H.
FOERSTER.
CCA
20040236.
Review granted on the following issue:
WHETHER
THE MILITARY JUDGE ERRED BY ADMITTING INTO EVIDENCE, UNDER MIL. R. EVID. 803 (6)
AND 807,
AND OVER DEFENSE OBJECTION, THE AFFIDAVIT OF SERGEANT J.P. WHO DID NOT
APPEAR
AT TRIAL IN CONTRAVENTION OF THE MIL. R. EVID. AND
CRAWFORD
v. WASHINGTON, 541 U.S. 36
(2004).
Briefs will be
filed under
Rule 25.
Briefs will be
filed under
Rule 25. All government and defense
appellate divisions are also invited to file amicus curiae briefs under
Rule
26.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0880/AR.
U.S. v.
Derrick M. ROBINSON.
CCA
20040479.
No. 06-0941/NA.
U.S. v.
Terrill L. ANDREWS.
CCA
200400697.
No. 07-0004/AR.
U.S. v.
Jonathan L. SITES.
CCA 20050377.
No. 07-0048/AR.
U.S. v. Kevin
L. NEELEY.
CCA 20021362.
No. 07-0128/AR.
U.S. v. Coleby
R. PALMER.
CCA 20060048.
No. 07-0154/MC.
U.S. v. Dana
M. BEAL.
CCA 200500726.
No. 07-0189/AF.
U.S. v. Tyrone
L. DAVIS.
CCA 36153.
No. 07-0212/AF.
U.S. v. Frank
H. RIVERS, Jr.
CCA 36672.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0382/AR.
U.S. v. Scott
R. BALDWIN.
CCA 20020708.*
No. 07-0307/AR.
U.S. v. Jasper E. WILSON, Jr. CCA 20031070.
No. 07-0308/AR.
U.S. v.
Christopher B. DAWSON.
CCA
20050322.
No. 07-0309/AR.
U.S. v. Joshua
A. PRUITT.
CCA 20051046.
No. 07-0310/AR.
U.S. v.
Matthew J. MONTOYA.
CCA
20060600.
No. 07-0311/AR.
U.S. v. Juan
E. GARCIA-CRUZ.
CCA 20051349.
No. 07-0312/AF.
U.S. v. Steven
J. PERRY.
CCA 36718.
No. 07-0313/AF.
U.S. v.
Anthony J. SMITH.
CCA 36534.
No. 07-0314/NA.
U.S. v. Gener
PIZARRO.
CCA 200400713.
INTERLOCUTORY ORDERS
No. 07-0173/AR.
U.S. v.
Darnyell R. RHOADES.
CCA
20040109. Appellant’s second
motion to extend time to
file the supplement to the petition for grant of review is granted, up to and including March 2, 2007, and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No. 07-0226/AR.
U.S. v.
Matthew J. PETTY.
CCA 20050120. Appellant's
motion to extend time to file the
supplement to the petition for grant of review is granted to March 19,
2007.
MANDATES ISSUED
No. 05-0779/MC.
U.S. v.
Jermaine M. CLAY.
CCA 200101952.
No. 06-0520/AR.
U.S. v. Danyel
D. GREEN.
CCA 20021126.
_____________________
* Second petition filed in this
case.
DAILY
JOURNAL
No.
07-091
Friday, February
16, 2007
APPEALS - SUMMARY
DISPOSITIONS
WHETHER
APPELLANT’S GUILTY
PLEA TO WRONGFULLY POSSESSING A HOSE AND BURNER AND A SPECIFIC NUMBER
OF
SYRINGES IN THE SPECIFICATION OF CHARGE IV WAS IMPROVIDENT WHEN
APPELLANT
ASSERTED DURING THE PROVIDENCE INQUIRY
THAT THOSE ITEMS WERE NOT USED TO INGEST ILLEGAL DRUGS.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0051/AR. U.S. v. Eric R.
KRULISKY.
CCA
20051100. [See also
APPEALS – SUMMARY DISPOSITIONS this date.]
No. 07-0115/AR. U.S. v. Jason K.
GRINER.
CCA
20040313. [See also
APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0876/MC.
U.S. v.
Jonathan I. SIMMONS.
CCA
200500944.
No. 06-0891/AF.
U.S. v.
Kenneth J. DAVIS.
CCA S30657.
No. 06-0913/AF.
U.S. v. Kevin
L. MEAD.
CCA 36075.
No. 07-0019/AR.
U.S. v. George
T. GOWANLOCK, Jr.
CCA 20030635.
No. 07-0062/MC.
U.S. v. Oscar
R. GONZALEZ.
CCA 200400055.*
No. 07-0078/AR.
U.S. v. Jeremy
L. LAYTON.
CCA 20040469.
No. 07-0112/AF.
U.S. v. Todd
W. JONES.
CCA 36028.
No. 07-0140/AR.
U.S. v. James
L. LAND.
CCA 20051496.
No. 07-0143/AR.
U.S. v.
Michael R. LEVITT.
CCA 20051503.
No. 07-0157/MC.
U.S. v. James
A. KOFFORD.
CCA 200301251.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0300/MC.
U.S. v. Andrew
J. STALEY.
CCA 200600965.
No. 07-0301/MC.
U.S. v. Derek
A. CHERNIAUSKY.
CCA 200601294.
No. 07-0302/MC.
U.S. v. Joseph
M. MANCILLAS.
CCA 200401950.
No. 07-0303/MC.
U.S. v.
Christopher R. VANVLIET.
CCA
200401730.
No. 07-0304/MC.
U.S. v. Edward
J. TERRENZI.
CCA 200600535.
No. 07-0305/AF.
U.S. v. Ethan
M. PEREZ.
CCA S31100.
No. 07-0306/NA.
U.S. v. Eric
D. ADAMS.
CCA 200600992.
INTERLOCUTORY ORDERS
No. 06-0914/AF.
U.S. v. Robert
D. TIPPIT.
CCA 35624. Appellee's
motion to add corrected pages
granted.
No. 06-0926/AR.
U.S. v. Emily
M. HAMILTON.
CCA 20050738. Appellant's
motion to extend time to file a
brief is granted, but only up to and
including March
5, 2007, and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No. 07-0152/AF.
U.S. v.
Christopher E. VIEIRA.
CCA
35727. Appellee's motion to add
corrected pages granted.
No. 07-0210/MC.
U.S. v.
Michael ADAMS, Jr.
CCA 200600767. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to March 12, 2007.
No. 07-0211/AR.
U.S. v. Carlos
R. CURRENTON.
CCA 20020848. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to March 12, 2007.
No. 07-0216/AR.
U.S. v. Aaron
R. SCHREIBER.
CCA 20050385. Appellant's
motion to extend time to file the
petition for grant of review granted to March 19, 2007.
No. 07-0237/NA.
U.S. v. Eddie
A. ALMEJO.
CCA 200501051. Appellant's motion to
extend time to file the supplement to the petition for grant of review
granted
to March 28, 2007.
MANDATES ISSUED
No. 06-0178/AF.
U.S. v. Kirk
V. BRIGGS.
CCA 35123.
No. 06-0314/AF.
U.S. v. Keith
M. TERRY.
CCA 35801.
_____________________
* It is directed
that the
promulgating order be corrected to reflect that the finding of guilty
to
Specification 2 of the Charge (unlawful touching) should have been
guilty to a
violation of Art. 128, UCMJ, vice Art. 134, UCMJ.
DAILY
JOURNAL
No.
07-090
Thursday,
February 15, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 06-0285/AF. U.S. v. John D.
FREDENBURG.
CCA
35880.
On consideration of the petition for grant of
review of the decision of the United States Air
Force Court of Criminal Appeals, it is ordered that said
petition is hereby 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.]
No. 06-0742/NA. U.S. v. Kermit CAVES. CCA 200100171.
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 United
States v. Moreno, 63 M.J. 129 (C.A.A.F. 2006), and United
States v.
Allison, 63 M.J. 365 (C.A.A.F. 2006), assuming that Appellant was
denied
his due process right to speedy post-trial review and appeal, we
conclude that
any error in that regard was harmless beyond a reasonable doubt. Accordingly, said petition is hereby granted
on Issue I as raised by appellate defense counsel, 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.]
WHETHER APPELLANT
RECEIVED
INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HIS TRIAL DEFENSE COUNSEL FAILED
TO
INTRODUCE EVIDENCE OF HER MEDALS AND DECORATIONS IN THE PRESENTENCING
HEARING.
The decision of
the United States Army Court of
Criminal Appeals is affirmed as to findings but set aside as to
sentence. The record of trial is returned
to the Judge
Advocate General of the Army for remand to that court to obtain an
affidavit
from the trial defense counsel relating to the granted issue. In the course of conducting its new review
under Article 66(c), Uniform Code of Military Justice, 10 U.S.C. §
866(c)
(2000), the Court of Criminal Appeals shall review the trial defense
counsel’s
affidavit and any other relevant matters.
See United States v. Ginn, 47 M.J.
236 (C.A.A.F. 1997). Thereafter,
Article 67, UCMJ, 10 U.S.C. § 867 (2000), shall apply. [See also ORDERS
GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0285/AF. U.S. v. John D.
FREDENBURG.
CCA 35880. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 06-0742/NA. U.S. v. Kermit CAVES. CCA 200100171.[See
also APPEALS – SUMMARY DISPOSITIONS this date.]
No. 07-0020/AR. U.S. v. Lucille
S. DIXON.
CCA 20050954. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0296/AR.
U.S. v. Omar B.
SEYMOUR.
CCA 20030692.
No.
07-0297/AR.
U.S. v. Jason O.
BROWN.
CCA 20051231.
No.
07-0298/AR.
U.S. v. Brian A.
LLOYD.
CCA 20040248.
No.
07-0299/AR.
U.S. v. Wilfredo
AYUSO.
CCA 20030360.
MANDATES ISSUED
No.
06-0064/NA.
U.S. v. Vangle S.
HARDISON.
CCA 200200753.
DAILY
JOURNAL
No.
07-089
Wednesday,
February 14, 2007
HEARINGS
No.
06-0474/AF.
U.S. v. Ashontia K.
HARROW.
CCA 35257.*
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0293/AR.
U.S. v. Christian J.
BENNETT.
CCA 20060571.
No.
07-0294/AR.
U.S. v. Michael P.
VARGAS.
CCA 20040454.
No.
07-0295/MC.
U.S. v. Jesika I. JENKINS.
CCA 200600989.
MANDATES ISSUED
No.
00-0252/AR.
U.S. v. John C.
MCALLISTER.
CCA 9601134.
_________________________
* Oral
argument held at Mississippi College School of Law, 151 East Griffith
Street, Jackson, MS.
DAILY
JOURNAL
No.
07-088
Tuesday, February
13, 2007
HEARINGS
No.
06-0611/MC. U.S. v. ROBERSON. CCA 200301539.*
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0288/AR.
U.S. v. Santos SALINAS.
CCA 20060319.
No.
07-0289/AR.
U.S. v. Carlos K.
LUCKA.
CCA 20060213.
No.
07-0290/AR.
U.S. v. Leslie F.
MARTIN.
CCA 20050909.
No.
07-0291/AR.
U.S. v. Kyle J.
VALCOURT.
CCA 20030451.
No.
07-0292/AF.
U.S. v. Johnathan S.
BELKOWITZ.
CCA 36358.
__________________________
* Oral argument
hosted by Loyola
University School of Law, New Orleans, LA,
and held at the U.S. Court of Appeals for the Fifth Circuit, New Orleans, Louisiana.
DAILY
JOURNAL
No.
07-087
Monday, February
12, 2007
HEARINGS
No.
06-0675/MC. U.S. v. FLORES. CCA
200400701.*
APPEALS – SUMMARY DISPOSITIONS
No. 06-0898/AR. U.S. v. Lloyd C.
DANIELS III. CCA 20010088.
On
consideration of the petition for grant of review of the decision of
the United
States Army Court of Criminal Appeals, and in light of United
States v.
Moreno, 63 M.J. 129 (C.A.A.F. 2006), and United States v.
Allison,
63 M.J. 365 (C.A.A.F. 2006), assuming that Appellant was denied his due
process
right to speedy post-trial review and appeal, we conclude that any
error in
that regard was harmless beyond a reasonable doubt.
Accordingly, said petition is granted on the
issue raised by appellate defense counsel, and the decision of the
United
States Army Court of Criminal Appeals is affirmed. [See also ORDERS
GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0898/AR. U.S. v. Lloyd C.
DANIELS III.
CCA 20010088. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0276/AF.
U.S. v. Edwin J. BUDD
III.
CCA S31070.
No.
07-0277/AF.
U.S. v. Ericka R.
CURIEL.
CCA S30836.
No.
07-0278/AF.
U.S. v. Mario A.
FLORES.
CCA 36218.
No.
07-0279/AF.
U.S. v. Brooks S.
GRESHAM.
CCA S30942.
No.
07-0280/AF.
U.S. v. Matthew T.
JAEGER.
CCA 36127.
No.
07-0281/AF.
U.S. v. Lamario C.
ROSS.
CCA 36139.
No.
07-0282/AF.
U.S. v. Justin R.
SCHROEDER.
CCA 36365.
No.
07-0283/AF.
U.S. v. Dontaine A.
SWANN.
CCA 36260.
No.
07-0284/AR.
U.S. v. Robert J.
DORE.
CCA 20051253.
No.
07-0285/AR.
U.S. v. James A.
VIGE, Jr.
CCA 20051063.
No.
07-0286/AR.
U.S. v. Anthony BROWN.
CCA 20020983.
No.
07-0287/AR.
U.S. v. Nicholas M.
BOJACK V.
CCA 20051444.
_________________________
* Oral argument
held at the Southern
University Law Center, Baton Rouge, LA.
DAILY
JOURNAL
No.
07-086
Friday, February
9, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0274/AR.
U.S. v. Joseph P.
MCKEEVER.
CCA 20040407.
No.
07-0275/AR.
U.S. v. Christopher
D. GOODMAN.
CCA 20021215.
DAILY
JOURNAL
No.
07-085
Thursday,
February 8, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 06-0434/AR.
U.S. v. Joseph
F. PIOTROWSKI.
CCA 20010721.
No. 06-0694/AR.
U.S. v. Angela
M. RUIZ.
CCA 20020475.
No. 06-0814/AR.
U.S. v. Ronnie
W. KEITH, Jr.
CCA 20040455.
No. 06-0858/AF.
U.S. v. Tyson
A. GIRARD.
CCA 36126.
No. 07-0018/AR.
U.S. v. Abdi
B. MOHAMED.
CCA 20040319.
No. 07-0134/NA.
U.S. v. Brian
S. SPARKS.
CCA 9901575.
No. 07-0166/AF.
U.S. v. Curtis
J. FEHR.
CCA 36635.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0272/NA.
U.S. v. Jay R.
WALTER.
CCA 200301497.
No. 07-0273/NA.
U.S. v. Thomas
L. MEYERS.
CCA 200601269.
INTERLOCUTORY ORDERS
No. 06-0474/AF.
U.S. v.
Ashontia K. HARROW.
CCA
35257. On
consideration of the motion filed by Victoria A. Lowery for leave to
file brief
as Amicus Curiae in support of Appellee and requesting practice by law
students
at Mississippi College School of Law, and the motion filed by Dean
James H.
Rosenblatt for leave to file brief as Amicus Curiae in support of
Appellant and
requesting practice by law students at Mississippi College School of
Law, said motions are hereby granted,
and Amici Curiae will be allotted 10 minutes to present oral argument.
No. 06-0675/MC.
U.S. v.
Rodolfo FLORES.
CCA 200400701. Motion
filed by Donald W. North of the Southern University Law Center, for
leave to
file Amicus brief in support of Appellant and request authorization to
practice
by students of the Southern University Clinical Education Department,
Southern
University Law Center, and motion to appear pro hac vice, said motions
are
hereby granted, and Amicus Curiae will be allotted 10 minutes to
present oral
argument.
No. 06-0898/AR.
U.S. v. Lloyd
C. DANIELS III.
CCA 20010088. Appellee's
motion to attach supporting
documentation of government stay requests and to take judicial notice
thereof,
said motion to attach supporting documentation of government stay
requests is
hereby granted, and the motion to take judicial notice thereof is
hereby denied
as moot.
No. 07-0206/AR.
U.S. v.
Richard M. ACOSTA.
CCA 20030706. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to March 9, 2007.
No. 07-0228/AF.
U.S. v. Sean
B. MCAULIFFE.
CCA S30999. On
consideration of Appellant's motion to
submit the petition for grant of review out of time, the Court notes
that the
petition was timely filed. Accordingly, said motion is hereby denied as
moot. Appellant will file a supplement
to said petition under Rule 21 on or before March 9, 2007.
Appellee may file an answer within thirty
days thereafter.
MANDATES ISSUED
No. 06-0091/AF.
U.S. v.
Timothy J. PENA.
CCA 35397.
DAILY
JOURNAL
No.
07-084
Wednesday,
February 7, 2007
APPEALS - SUMMARY DISPOSITIONS
No. 04-0042/AR. U.S. v. Shapour
MEGHDADI. CCA
20000029.
On consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal
Appeals, and
in light of United States v. Moreno, 63 M.J. 129 (C.A.A.F.
2006), and United
States v. Allison, 63 M.J. 365 (C.A.A.F. 2006), assuming that
Appellant was
denied his due process right to speedy post-trial review and appeal, we
conclude that any error in that regard was harmless beyond a reasonable
doubt. Accordingly, said petition is
hereby granted on the following issue specified by the Court:
WHETHER
APPELLANT’S DUE
PROCESS RIGHTS TO A TIMELY REVIEW WERE VIOLATED.
The decision of
the United States Army Court of
Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR
REVIEW
this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0042/AR. U.S. v. Shapour
MEGHDADI.
CCA
20000029. [See also
APPEALS – SUMMARY DISPOSITIONS this date.]
No. 04-0216/AF. U.S. v. Carl L. KEY. CCA
34965.
Review granted on the following issue:
WHETHER THE
MILITARY JUDGE
ERRED BY NOT PERMITTING THE DEFENSE, AT A FACTFINDING HEARING, TO CALL
APPELLANT'S PRIOR TRIAL DEFENSE COUNSEL TO TESTIFY AS TO HIS PRETRIAL
INTERVIEW
OF THE GOVERNMENT'S CONFIDENTIAL INFORMANT.
Briefs will be
filed under
Rule 25.
No. 07-0084/MC. U.S. v. Deric B.
HOLLINGS.
CCA
200500497.
Review granted on the following issue:
WHETHER
THE MILITARY JUDGE FAILED TO ADHERE TO THE LIBERAL GRANT MANDATE WHEN
HE DENIED
A DEFENSE CHALLENGE FOR CAUSE AGAINST CHIEF WARRANT OFFICER W WHO
SERVED AS
ACTING LEGAL OFFICER TO THE CONVENING AUTHORITY IN APPELLANT'S CASE.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0886/AR.
U.S. v. Joseph
M. MEEKS.
CCA 20040512.
No. 07-0044/AF.
U.S. v.
Phillip L. STORDAHL.
CCA
36187.
No. 07-0089/MC.
U.S. v. Kevin
R. SANFORD.
CCA 200500993.
No. 07-0155/NA.
U.S. v. Derek
D. BELL.
CCA 200401099.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0269/AR.
U.S. v. Sean
P. BRIGHT.
CCA 20020938.
No. 07-0270/AR.
U.S. v.
Maurice E. WARD.
CCA 20060100.
No. 07-0271/NA.
U.S. v.
Phillip TORRES.
CCA 200600944.
INTERLOCUTORY ORDERS
No. 06-0875/AR. U.S. v. Lillie
MORGAN. CCA 20020360. On
consideration of the petition for grant of review of the decision of
the United
States Army Court of Criminal Appeals, it is ordered that Appellee will
submit
an Answer to Issue II in the Supplement, and the above pleading will be
filed
no later than March 7, 2007.
No. 07-8007/AF.
Derek J. GRESKA. v. U.S. CCA S30987. On consideration of the petition for
extraordinary relief in the nature of writs of prohibition, it is
ordered that
the United States is substituted as Respondent, and that Respondent is
ordered
to show cause on or before March 7, 2007, why relief should not be
granted, and
that all government and defense appellate divisions are invited to file
amicus
curiae briefs under Rule 26.