UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-079
APPEALS – SUMMARY DISPOSITIONS
No. 06-0532/NA.
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0532/NA.
No. 07-0002/AR.
WHETHER
APPELLANT'S CONSTITUTIONAL AND REGULATORY RIGHT TO A
FAIR AND IMPARTIAL PANEL WAS VIOLATED BY THE MISCONDUCT OF A PANEL
MEMBER.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0027/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0258/AR.
INTERLOCUTORY ORDERS
No.
06-0594/AR.
No.
06-0611/MC.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-078
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0106/NA.
WHETHER THE
BUSINESS RECORD
ADMITTED INTO EVIDENCE OVER DEFENSE OBJECTION WAS TESTIMONIAL HEARSAY.
No briefs will be
filed
under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0779/AF.
No. 06-0937/AF.
No. 07-0005/AR.
No. 07-0030/AF.
No. 07-0088/AR.
No. 07-0133/AR.
No. 07-0147/AR.
No. 07-0153/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0254/AR.
No. 07-0255/AR.
No. 07-0256/NA.
No. 07-0257/NA.
INTERLOCUTORY ORDERS
No. 06-0505/AR.
No. 06-0758/AF.
No. 07-0160/AF.
No. 07-0179/MC.
MANDATES ISSUED
No. 06-0902/MC.
No. 06-6005/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-077
ORDERS GRANTING
PETITION FOR REVIEW
No. 06-0881/MC.
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY NOT ALLOWING DEFENSE
COUNSEL TO
RAISE A MOTION TO SUPPRESS THE RESULTS OF APPELLANT'S BLOOD TEST AFTER
PLEAS HAD
BEEN ENTERED.
And
the following issue specified by the Court:
WHETHER
DEFENSE COUNSEL WAS INEFFECTIVE FOR FAILING TO INVESTIGATE THE ISSUE OF
CONSENT
PRIOR TO SUBMISSION OF APPELLANT'S PLEAS AND FOR FAILING TO FILE A
TIMELY
MOTION TO SUPPRESS THE RESULTS OF APPELLANT'S BLOOD-ALCOHOL TEST.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0933/MC.
No.
07-0061/AF.
No.
07-0068/AR.
No.
07-0073/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0244/AR.
No.
07-0245/AR.
No.
07-0246/AF.
No.
07-0247/AF.
No.
07-0248/AF.
No.
07-0249/AF.
No.
07-0250/AF.
No.
07-0251/NA.
No.
07-0252/NA.
No.
07-0253/NA.
____________________
*
It is
directed that the promulgating order be corrected to reflect a guilty
finding
to Charge IV.
** It is directed
that the promulgating order
be corrected to add the word “incorporate” between the words
“unlawfully” and
“a martial arts style technique” in Specification 1 of Charge II.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-76
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-6001/NA.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
07-0185/CG.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0239/AF.
No.
07-0240/AF.
No.
07-0241/MC.
No.
07-0242/NA.
No.
07-0243/NA.
INTERLOCUTORY ORDERS
No.
07-0138/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-075
APPEALS - SUMMARY
DISPOSITIONS
No. 98-0617/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 98-0617/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0123/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0237/NA.
No.
07-0238/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-074
APPEALS - SUMMARY DISPOSITIONS
No. 03-0086/AR.
No. 06-0842/NA.
No. 06-0869/MC.
No. 07-0045/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0086/AR.
No. 06-0842/NA.
No. 06-0869/MC.
No. 07-0045/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0843/NA.
No.
07-0026/AR.
No.
07-0074/NA.
No.
07-0082/AF.
No.
07-0116/MC.
No.
07-0131/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0232/AR.
No.
07-0233/AR.
No.
07-0234/NA.
No.
07-0235/NA.
No.
07-0236/MC.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-073
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0231/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 07-8006/AF.
Melvert WASHINGTON, Jr.,
Appellant/Petitioner, v.
INTERLOCUTORY ORDERS
No.
05-0405/NA & 07-8004/NA.
No.
07-0132/AR.
No.
07-0157/MC.
No.
07-0205/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-072
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 06-0917/AR.
No. 07-0033/AF.
No. 07-0083/NA.
No. 07-0099/AF.
No. 07-0137/AR.
No. 07-0144/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0228/AF.
No. 07-0229/NA.
No. 07-0230/NA.
INTERLOCUTORY ORDERS
No. 06-0870/AR.
No. 07-0174/AR.
No. 07-0176/AR.
No. 07-0177/AR.
No. 07-0178/AR.
MANDATES ISSUED
No. 03-0071/AF.
No. 05-0565/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-071
APPEALS - SUMMARY
DISPOSITIONS
No. 04-0240/AR.
No. 06-0510/MC.
ORDERS GRANTING PETITION FOR REVIEW
No. 04-0240/AR.
No. 06-0510/MC.
No. 06-0857/AF.
WHETHER
APPELLANT'S CONTINGENT DECLARATION CONSTITUTES
COMMUNICATING A THREAT.
Briefs
will be filed under Rule 25.
INTERLOCUTORY ORDERS
No.
07-0108/AR.
Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted, but only up to and including to
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-070
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0047/NA.
No. 07-0054/AR.
No. 98-0721/NA.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0047/NA.
No. 07-0054/AR.
No. 98-0721/NA.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0771/MC.
No.
07-0008/AF.
No.
07-0060/AF.
No.
07-0064/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0223/NA.
No.
07-0224/NA.
No.
07-0225/MC.
No.
07-0226/AR.
No.
07-0227/AR.
INTERLOCUTORY ORDERS
No.
07-6001/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-069
HEARINGS
No. 06-0439/AF.
No. 06-0617/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0921/AR.
No. 06-0928/AR.
No. 06-0929/AR.
No. 07-0035/AR.
No. 07-0037/AF.
No. 07-0043/AF.
No. 07-0063/AR.
No. 07-0087/AR.
No. 07-0092/AR.
No. 07-0109/AF.
No. 07-0111/AF.
No. 07-0113/AR.
No. 07-0117/AF.
No. 07-0146/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0218/AR.
No. 07-0219/AR.
No. 07-0220/MC.
No. 07-0221/MC.
No. 07-0222/MC.
INTERLOCUTORY ORDERS
No. 06-0932/NA.
No. 07-0141/AR.
No. 07-0173/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-068
HEARINGS
No. 06-0350/NA.
No. 06-0695/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0863/AR.
I.
WHETHER
THE MILITARY JUDGE IMPROPERLY CONSIDERED APPELLANT'S STATEMENTS DURING
THE
GUILTY PLEA INQUIRY TO THE LESSER-INCLUDED OFFENSE OF ABSENCE WITHOUT
LEAVE IN
DETERMINING APPELLANT'S GUILT TO THE GREATER OFFENSE OF DESERTION.
II. WHETHER THE
EVIDENCE WAS LEGALLY SUFFICIENT TO SUPPORT A FINDING OF GUILTY THAT
APPELLANT
DESERTED HIS UNIT WITH THE INTENT TO REMAIN AWAY PERMANENTLY.
And the following
issues specified by the Court:
III. WHETHER THE
ACCUSED'S PLEA BY EXCEPTIONS AND SUBSTITUTIONS TO AN UNAUTHORIZED
ABSENCE FROM
11 APRIL 2002 TO 22 JANUARY 2003 WAS PROVIDENT WHERE APPELLANT CLAIMED
HE
CONTACTED HIS RECRUITER PRIOR TO 29 OCTOBER 2002, AND THE MILITARY
JUDGE DID
NOT RESOLVE WHETHER THIS CONTACT CONSTITUTED A TERMINATION OF THE
ABSENCE.
IV. WHETHER THE
EVIDENCE
WAS LEGALLY SUFFICIENT TO SUPPORT A FINDING OF GUILTY TO EITHER
DESERTION OR
UNAUTHORIZED ABSENCE THAT TERMINATED ON
Briefs will be
filed under
Rule 25.
No. 06-0926/AR.
WHETHER
THE MILITARY JUDGE ERRED BY FAILING TO SPECIFY THE OCCASION UPON WHICH
THE
FINDING OF GUILTY TO DISTRIBUTION
OF
VALIUM WAS BASED.
SEE UNITED STATES v. SCHEURER, 62 M.J. 100 (C.A.A.F. 2005).
Briefs will be
filed under Rule
25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 06-0892/AF.
No. 06-0897/AR.
No. 07-0006/AR.
No. 07-0024/AR.
No. 07-0031/AF.
No. 07-0049/AR.
No. 07-0075/AR.
No. 07-0090/AR.
No. 07-0091/AR.
No. 07-0094/AR.
No. 07-0095/AR.
No. 07-0107/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0216/AR.
No. 07-0217/MC.
INTERLOCUTORY ORDERS
No. 07-0034/AR.
No. 07-0159/NA.
No. 07-0161/AR.
No. 07-5001/MC.
No. 07-8007/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-067
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0211/AR.
No.
07-0212/AF.
No.
07-0213/AF.
No.
07-0214/AF.
No.
07-0215/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-066
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0780/AF.
INTERLOCUTORY ORDERS
No.
06-0918/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-065
HEARINGS
No.
06-0600/MC.
APPEALS – SUMMARY DISPOSITIONS
No. 06-0207/AF.
WHETHER
EVIDENCE REFLECTING THE ACCUSED’S EXERCISE OF CONSTITUTIONAL RIGHTS WAS
ADMISSIBLE AS PART OF THE BACKGROUND SEQUENCE OR CHRONOLOGY OF EVENTS
LEADING
TO THE SEIZURE OR DISCOVERY OF OTHERWISE ADMISSIBLE EVIDENCE.
IF
EVIDENCE OF THE ACCUSED'S EXERCISE OF HIS CONSTITUTIONAL RIGHTS WAS
ADMISSIBLE FOR PURPOSES OF ESTABLISHING
BACKGROUND SEQUENCE OR CHRONOLOGY WITHOUT OBJECTION, WAS IT PLAIN ERROR
IF NO
INSTRUCTION WAS GIVEN ADVISING MEMBERS THAT THE EVIDENCE COULD NOT BE
CONSIDERED AS EVIDENCE OF GUILT OR CRIMINAL CONDUCT.
Appellate
government counsel will file an answer brief within 15 days of the
filing of
Appellant’s brief. No reply brief will
be filed; and, this case will be scheduled for oral argument on the
previously
granted and additional specified issues for a later date specified by
the
Court.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0900/AR.
No.
06-0950/AR.
No.
07-0015/AR.
No.
07-0036/AF.
No.
07-0050/AR.
No.
07-0069/AR.
No.
07-0070/MC.
No.
07-0071/MC.
No.
07-0076/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0210/MC.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 07-8005/NA.
INTERLOCUTORY ORDERS
No.
06-0920/AR.
No.
07-0158/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-064
HEARINGS
No.
06-0615/AF.
No.
06-0714/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0207/MC.
No.
07-0208/AR.
No.
07-0209/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-063
HEARINGS
No.
06-0319/MC.
No.
06-0403/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0204/AF.
No.
07-0205/AF.
No.
07-0206/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-062
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0202/AR.
No.
07-0203/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-061
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0902/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0197/AR.
No.
07-0198/AR.
No.
07-0199/AR.
No.
07-0200/NA.
No.
07-0201/MC.
INTERLOCUTORY ORDERS
No.
06-0403/MC.
No.
06-0657/AF.
No. 07-0079/AR.
No.
07-0125/AF.
No.
07-0139/MC.
No.
07-0140/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-060
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0196/AR.