UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-163
Thursday,
May 31, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0406/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0604/AR.
No.
07-0605/AR.
No.
07-0606/AR.
No.
07-0607/AR.
No.
07-0608/AR.
No.
07-0609/AR.
No.
07-0610/NA.
MANDATES ISSUED
No.
06-0758/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-162
Wednesday,
May 30, 2007
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0934/NA.
WHETHER
NCIS AND VA HOSPITAL PERSONNEL VIOLATED THE FOURTH AMENDMENT BY SEIZING
APPELLANT'S BLOOD AND SEARCHING IT FOR DNA EVIDENCE WITHOUT PROBABLE
CAUSE OR A
SEARCH WARRANT ISSUED ON PROBABLE CAUSE?
IF
THIS COURT SUPPRESSES THE EVIDENCE FROM THE WARRANTLESS SEARCH AND
SEIZURE, DID
THE
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
07-0176/AR.
Appellee’s
motion to dismiss Appellant’s petition for grant of review granted.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0603/AR.
PETITIONS FOR RECONSIDERATION DENIED
No.
07-0152/AF.
INTERLOCUTORY ORDERS
No.
07-0182/AR.
No.
07-0514/AR.
No.
07-0516/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-161
Tuesday,
May 29, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0188/AF.
WHETHER
THE MILITARY JUDGE COMMITTED PREJUDICIAL ERROR BY DENYING THE DEFENSE'S
MOTION
TO SUPPRESS AND HOLDING THAT CERTAIN STATEMENTS MADE BY THE APPELLANT
TO HIS WIFE
DID NOT FALL WITHIN THE PRIVILEGE FOR CONFIDENTIAL MARITAL
COMMUNICATIONS.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0585/AR.
No.
07-0586/AR.
No.
07-0587/AR.
No.
07-0588/AR.
No.
07-0589/AF.
No.
07-0590/AF.
No.
07-0591/AF.
No.
07-0592/AF.
No.
07-0593/AF.
No.
07-0594/AF.
No.
07-0595/AF.
No.
07-0596/AF.
No.
07-0597/AF.
No.
07-0598/NA.
No.
07-0599/NA.
No.
07-0600/NA.
No.
07-0601/MC.
No.
07-0602/NA.
INTERLOCUTORY ORDERS
No.
06-0298/AR.
No.
07-0079/AR.
No.
07-0096/AR.
No.
07-0384/MC.
No.
07-0485/AR.
No.
07-0496/NA.
No.
07-0497/AR.
No.
07-0498/AR.
No.
07-0510/NA.
No.
07-0522/MC.
No.
07-0523/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-160
Friday,
May 25, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0298/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0532/NA.
No.
07-0578/AF.
No.
07-0579/AF.
No.
07-0580/AF.
No.
07-0581/AF.
No.
07-0582/AR.
No.
07-0583/AR.
No.
07-0584/AR.
MANDATES ISSUED
No.
06-0714/AF.
No.
06-0860/AF.
No.
06-0911/AF.
__________________________
* Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-159
Thursday,
May 24, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0316/NA.
WHETHER
MIL.R.EVID. 317(a) INCORPORATES STATE STATUTES WHEN DETERMINING AN
UNLAWFUL
INTERCEPTION OF AN ORAL OR WIRE COMMUNICATION.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
06-0837/AF.
No.
07-0291/AR.
No.
07-0410/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0576/AR.
No.
07-0577/AR.
INTERLOCUTORY ORDERS
No.
04-8020/MC.
Kenneth G. Parker, Petitioner v.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-158
Wednesday,
May 23, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0286/AR.
WHETHER
THE MILITARY JUDGE ERRED BY INSTRUCTING THE COURT MEMBERS THAT THEY
COULD
CONVICT APPELLANT OF INDECENT ASSAULT, THE LESSER-INCLUDED OFFENSE OF
RAPE, WITHOUT
VOTING ON EACH OF THREE SEPARATE FACTUAL SCENARIOS, WHICH EFFECTIVELY
CONSTITUTED DUPLICITOUS PLEADING.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0016/MC.
No.
07-0110/AF.
No.
07-0255/AR.
No.
07-0258/AR.
No.
07-0413/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0574/AR.
No.
07-0575/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-157
Tuesday,
May 22, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0568/AR.
No.
07-0569/AR.
No.
07-0570/AR.
No.
07-0571/NA.
No.
07-0572/AR.
No.
07-0573/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-156
Monday,
May 21, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0066/MC.
No.
07-0178/AR.
No.
07-0250/AF.
No.
07-0256/NA.
No.
07-0287/AR.
No.
07-0374/AF.
No.
07-0381/AR.
No.
07-0411/AF.
No.
07-0414/AR.
No.
07-0417/AR.
No.
07-0429/AR.
No.
07-0441/AR.
No.
07-0472/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
04-0313/AF.
No. 07-0558/AR.
No.
07-0559/AR.
No.
07-0560/AR.
No.
07-0561/AR.
No.
07-0562/AR.
No.
07-0563/AF.
No.
07-0564/AF.
No.
07-0565/AF.
No.
07-0566/AF.
No.
07-0567/MC.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
MISCELLANEOUS DOCKET - FILINGS
No.
06-0898/AR.
INTERLOCUTORY ORDERS
No.
07-0379/NA.
No.
07-0394/AF.
No.
07-0401/NA.
No.
07-0471/AR.
No.
07-0473/NA.
No.
07-0474/NA.
No.
07-0475/NA.
No.
07-0480/AR.
No.
07-0481/AR.
No.
07-0482/MC.
No.
07-6004/AR.
No.
07-0476/NA.
* Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-155
Friday,
May 18, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0184/AR.
No.
07-0190/AF.
No.
07-0223/NA.
No.
07-0333/AF.
No.
07-0334/AF.
No.
07-0336/AF.
No.
07-0373/AR.
No.
07-0400/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0557/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-154
Thursday,
May 17, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0556/AR.
MANDATES ISSUED
No.
06-0695/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-153
Wednesday,
May 16, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0554/AR.
No.
07-0555/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-152
Tuesday,
May
15, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0551/AR.
No.
07-0552/NA.
No.
07-0553/NA.
INTERLOCUTORY ORDERS
No.
07-0296/AR.
No.
07-0451/AR.
No.
07-0477/AR.
MANDATES ISSUED
No.
06-0403/MC.
No.
06-0439/AF.
No.
06-0610/AR.
No.
06-0675/MC.
No.
06-0793/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-151
Monday,
May 14, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0543/AR.
No.
07-0544/AR.
No.
07-0545/AR.
No.
07-0546/AF.
No.
07-0547/AF.
No.
07-0548/AF.
No.
07-0549/MC.
No.
07-0550/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-150
Friday,
May
11, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0540/AF.
No.
07-0541/CG.
No.
07-0542/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-149
Thursday,
May 10, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0236/MC.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0236/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0122/AR.
No. 07-0331/AR.
No. 07-0393/AR.
No. 07-0404/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0539/MC.
INTERLOCUTORY ORDERS
No. 03-0151/MC.
No. 07-0354/AR.
No. 07-0420/CG.
No. 07-0440/AR.
No. 07-0446/AR.
No. 07-0452/MC.
No. 07-0454/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-148
Wednesday,
May 9, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 03-0382/AR.
No. 06-0621/AR.
No. 06-0683/NA.
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0382/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0164/AF.
No.
07-0234/NA.
No.
07-0254/AR.
No.
07-0257/NA.
No.
07-0276/AF.
No.
07-0421/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0536/AR.
No.
07-0537/AR.
No.
07-0538/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-147
Tuesday,
May 08, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0535/AR.
No.
07-6004/AR.
INTERLOCUTORY ORDERS
No.
07-0347/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-146
Monday,
May 07, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0294/AR.
No.
07-0365/AR.
No.
07-0376/AF.
No.
07-0389/AR.
No.
07-0396/AF.
No.
07-0398/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0530/AR.
No.
07-0531/AR.
No.
07-0532/CG.
No.
07-0533/AF.
No.
07-0534/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-145
Friday,
May 04, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0527/MC.
No.
07-0528/AF.
No.
07-0529/AF.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 07-8015/NA.
Trent D. THOMAS, Appellant v.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-144
Thursday,
May 03, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0263/AF.
WHETHER THE AIR
FORCE COURT
OF CRIMINAL APPEALS ERRED IN HOLDING THAT APPELLANT HAD NO REASONABLE
EXPECTATION OF PRIVACY IN HIS GOVERNMENT COMPUTER DESPITE THIS COURT'S
RULING
IN UNITED STATES v. LONG, 64 M.J. 57 (C.A.A.F. 2006).
WHETHER
THE APPELLANT WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED
BY THE
SIXTH AMENDMENT AND ARTICLE 27, UCMJ, WHEN
HIS CIVILIAN DEFENSE COUNSEL, IN HIS OPENING STATEMENT, DURING
FINDINGS, AND
AGAIN IN CLOSING ARGUMENT, CONCEDED THE APPELLANT'S GUILT TO VARIOUS
CHARGES
AND SPECIFICATIONS.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0191/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0524/AR.
No. 07-0525/AR.
No. 07-0526/NA.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
07-8014/AF.
INTERLOCUTORY ORDERS
No. 06-0870/AR.
No. 07-0295/MC.
No. 07-0365/AR.
No. 07-0415/AR.
No. 07-0416/AR.
No. 07-0419/AR.
No. 07-0428/AR.
No. 07-0431/AR.
No. 07-0433/AR.
No. 07-0435/AR.
No. 07-0438/AR.
No. 07-0439/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-143
Wednesday,
May 02, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0118/AR.
WHETHER
THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING
APPELLANT’S
CONVICTION UNDER 18 U.S.C. § 2252A(a)(5)(A)
OF CHILD PORNOGRAPHY
PREVENTION ACT WHERE THAT ACT LACKS EXTRATERRITORIAL JURISDICTION.
The
decision of the United States Army Court of Criminal Appeals is
affirmed,
except for the words and figures, “ in violation of Title 18, United
States
Code Section 2252A(a)(5)(A)” in the Specification of Charge II. See
No. 07-0086/NA.
WHETHER THE
The
decision of the United
States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge
Advocate General of the Navy for remand to the Court of Criminal
Appeals for consideration
in light of Toohey. Thereafter,
Article 67, UCMJ, 10 U.S.C. § 867 (2000), will apply.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0118/AR.
No. 06-0918/MC.
No. 07-0053/NA.
WHETHER,
IN LIGHT OF THIS COURT'S DECISION IN UNITED STATES v. ZACHARY,
63 M.J.
438 (C.A.A.F. 2006), THE COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING
APPELLANT'S
GUILTY PLEAS TO CONSENSUAL SODOMY WITH A PERSON UNDER THE AGE OF 16 AND
INDECENT ACTS WITH A CHILD WHEN THE MILITARY JUDGE ERRONEOUSLY INFORMED
APPELLANT THAT A MISTAKE OF FACT DEFENSE AS TO AGE CATEGORICALLY DID
NOT APPLY
TO THE SODOMY CHARGE, AND THAT BASED ON THIS COURT'S DECISION IN UNITED
STATES v. STRODE, 43 M.J. 29 (C.A.A.F. 1995), THE DEFENSE DID NOT
APPLY TO
THE INDECENT ACTS CHARGE.
No
briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0222/MC.
No.
07-0372/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0519/AR.
No.
07-0520/AR.
No.
07-0521/AR.
No.
07-0522/MC.
No.
07-0523/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-142
Tuesday,
May 01, 2007
HEARINGS
No.
07-0093/AR.
No.
07-0084/MC.
No.
05-0139/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0103/AR.
No.
07-0127/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0517/MC.
No.
07-0518/MC.
INTERLOCUTORY ORDERS
No.
07-0221/MC.
MANDATES ISSUED
No.
06-0319/MC.
* This Court notes
that the convening
authority approved, for a period of six months beginning July 9, 2004,
Appellant’s request for a waiver of automatic forfeitures pursuant to
Article
58b, Uniform Code of Military Justice, 10 U.S.C. § 858b (2000),
but the convening authority’s action, dated October 24, 2004, does not
include
the approved waiver of forfeitures.
** It is directed
that the promulgating
order be corrected to reflect February 5, 2004, as the inception date
in Charge
I, Specification 2.