DAILY
JOURNAL
No.
08-042
Friday,
November 30, 2007
CERTIFICATES FOR
REVIEW FILED
No.
08-5002/AF.
U.S. v. Adam P. PEREZ. CCA 36799.
The Judge Advocate General of the Air Force
requests that action be taken with respect to the following issue:
WHETHER
THE CONVENING AUTHORITY PROPERLY APPLIED RULE FOR COURTS-MARTIAL 1107.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0148/AF.
U.S. v. Damien G.
KAWAI.
CCA 35366.
No.
08-0149/AR.
U.S. v. Litho RIVAS.
CCA 20060589.
DAILY
JOURNAL
No.
08-041
Thursday,
November 29, 2007
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0834/NA. U.S.
v. James L. STANFIELD. CCA 200601222.
No.
07-0855/AR. U.S.
v. Jeremiah NIX. CCA 20061235.
No.
07-0872/NA. U.S.
v. Bruce J. MEYER. CCA 200700104.
No.
08-0025/AR. U.S.
v. Leon GILDERSLEEVE, Jr. CCA 20070674.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0146/AR. U.S. v. Branden K.
MOORE.
CCA 20070525.
No.
08-0147/AR.
U.S. v. David S.
RONEY.
CCA 20061015.
INTERLOCUTORY ORDERS
No. 07-0263/AF. U.S. v. John R.
LARSON.
CCA 35934.
On
further consideration of the previously filed
briefs and oral argument held on November 27, 2007, it is ordered that
Appellant
and Appellee shall brief the following issues:
IN THE MILITARY
JUSTICE SYSTEM, IS THE DECISION TO
CONCEDE GUILT TO ONE OF MULTIPLE CHARGED OFFENSES DURING ARGUMENT A
TACTICAL
DECISION THAT COUNSEL MAY MAKE WITHOUT OBTAINING CONSENT OF THE
ACCUSED? SEE
FLORIDA v. NIXON, 543 U.S. 175 (2004); UNITED
STATES v. CARE, 18 C.M.A. 535, 40 C.M.R. 247 (1969); UNITED
STATES v.
BERTELSON, 3 M.J. 314 (C.M.A. 1977).
ASSUMING,
ARGUENDO, THAT COUNSEL MAY CONCEDE GUILT
AS A TACTICAL MATTER AFTER CONSULTATION BUT WITHOUT CONSENT OF THE
ACCUSED,
DOES THE RECORD IN THE PRESENT CASE SUPPORT A CONCLUSION THAT COUNSEL
CONSULTED
WITH APPELLANT PRIOR TO MAKING SUCH A CONCESSION? IF NOT, WAS THE
FAILURE TO DO
SO PREJUDICIAL AS TO THE FINDINGS OR SENTENCE? SEE STRICKLAND
v.
WASHINGTON, 466 U.S. 669 (1984).
The briefs of the
parties shall be filed within
twenty days of the date of this order.
Both parties may file reply briefs within seven days of the date
of the
filing of the last brief filed in response to this order.
DAILY
JOURNAL
No.
08-040
Wednesday,
November 28, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0145/AR.
U.S. v. Anthony R.
LUCERO.
CCA 20020869.
DAILY
JOURNAL
No.
08-039
Tuesday,
November 27, 2007
HEARINGS
No.
07-0263/AF.
U.S. v. John R.
LARSON.
CCA 35934.
No.
07-0412/AR.
U.S. v. Kerry T.
WRIGHT II.
CCA 20051233.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0477/AR.
U.S. v. Nicholas A.
MCCARTY.
CCA 20060387.
No.
07-0772/AR.
U.S. v. Christopher
D. ELDRIDGE.
CCA 20060236.
No.
07-0784/NA.
U.S. v. Patrick D.
KING.
CCA 200700131.
No.
07-0806/AR.
U.S. v. Raymundo
BERNAL, Jr.
CCA 20060665.
No.
07-0830/AR.
U.S. v. Michael M.
MENA.
CCA 20060496.
No.
07-0854/AR.
U.S. v. Tyne C. THORNTON.
CCA 20060085.
No.
07-0857/AR.
U.S. v. Delontae L.
TATUM.
CCA 20061181.
No.
07-0863/AF.
U.S. v. Adriene L.
BIZZELL.
CCA S31242.
No.
07-0865/AF.
U.S. v. Theodore D.
MIRICH.
CCA 36775.
No.
07-0873/AR.
U.S. v. Joshua E.
REYNOLDS.
CCA 20050110.
No.
07-0885/AR.
U.S. v. Rodger D.
ORNELAZ.
CCA 20051385.
No.
07-0888/AF.
U.S. v. Jason M.
ALLEN.
CCA 36479.
No.
08-0003/AR.
U.S. v. Pedro J.
RODRIGUEZ-ARCE.
CCA 20061322.
No.
08-0007/AR.
U.S. v. Warren O.
ABERNATHY.
CCA 20061292.
No.
08-0048/AR.
U.S. v. Jeffrey A.
KLEIMAN.
CCA 20070206.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0143/NA.
U.S. v. Anthony D.
HANEY.
CCA 200700142.
No.
08-0144/AR.
U.S. v. Michael E.
BOONE II.
CCA 20051192.
DAILY
JOURNAL
No.
08-038
Monday,
November 26, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0738/AF. U.S. v. Stephen T.
JONES.
CCA
S31078.
Review granted on the following issue:
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.
No briefs will be
filed
under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0200/NA.
U.S. v. Albert
G. CAREY.
CCA 200201238.
No. 07-0576/AR.
U.S. v. David
P. BUSH.
CCA 20041111.
No. 07-0620/NA.
U.S. v. Shane
A. MORGAN.
CCA 200401114.
No. 07-0665/AF.
U.S. v.
Jeremiah D. SELTZER.
CCA
36735.
No. 07-0754/AR.
U.S. v.
Theotus MICKLES, Jr.
CCA
20060186.
No. 07-0757/AR.
U.S. v. Lynn
J. WILLOCKS.
CCA 20070080.
No. 07-0761/AR.
U.S. v. Lindon
D. CRISSELL.
CCA 20060921.
No. 07-0791/AR.
U.S. v.
Matthew HEDRINGTON.
CCA
20060567.
No. 07-0824/CG.
U.S. v. Daniel
K. VANTERPOOL.
CCA 1255.
No. 07-0831/AR.
U.S. v. Danny
L. HENDRIX.
CCA 20061191.
No. 07-0836/AR.
U.S. v. Darryl
T. GAMBLE.
CCA 20070336.
No. 07-0853/AR.
U.S. v.
Michael A. WATTS.
CCA 20060637.
No. 07-0883/AR.
U.S. v. Joshua
T. HURLBURT.
CCA 20070315.
No. 07-0896/AR.
U.S. v. Dennis
R. CHAPPELL.
CCA 20070199.
No. 08-0004/AR.
U.S. v. Adria
D. HASKINS.
CCA 20070698.
PETITIONS FOR GRANT OF REVIEW FILED
No. 06-0360/AF.
U.S. v. Randy
J. DARJEAN, Jr.
CCA 35938.*
No. 08-0127/AR.
U.S. v. Samuel
P. RICHIE.
CCA 20060380.
No. 08-0128/AR.
U.S. v. Pablo
A. IBARRA.
CCA 20070589.
No. 08-0129/AR.
U.S. v. Brian
J. DANIELSON.
CCA 20060329.
No. 08-0130/AF.
U.S. v.
Jonathan A. BABB.
CCA S31221.
No. 08-0131/AF.
U.S. v. Deandrayous
V. BOLTON.
CCA 36931.
No. 08-0132/AF.
U.S. v. Joshua
K. BORTH.
CCA S31234.
No. 08-0133/AF.
U.S. v. Eric
R. COKER.
CCA 36661.
No. 08-0134/AF.
U.S. v. Donna
L. CRANE.
CCA S31063.
No. 08-0135/AF.
U.S. v.
Jennifer M. DAVID.
CCA S31122.
No. 08-0136/AF.
U.S. v. Cody
L. DEVILLE.
CCA S31210.
No. 08-0137/AF.
U.S. v. Paul
E. HANDLEY.
CCA 36761.
No. 08-0138/AF.
U.S. v. Jeremy
W. HINTZE.
CCA 37076.
No. 08-0139/AF.
U.S. v. Welsey
A. NICHOLLS III.
CCA S31260.
No. 08-0140/AF.
U.S. v. Thomas
J. SKILLMAN.
CCA 36689.
No. 08-0141/AF.
U.S. v. Daniel
J. WING.
CCA 36756.
No. 08-0142/NA.
U.S. v.
Stephen W. ROELANDS.
CCA
200700279.
_____________________
* Second petition
filed in
this case.
DAILY
JOURNAL
No.
08-037
Friday,
November 23, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0126/AR.
U.S. v. Edward P.
JOHNSTON.
CCA 20070197.
DAILY
JOURNAL
No.
08-036
Wednesday,
November 21, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0123/NA.
U.S. v. Stevie W.
MCGEE.
CCA 200700103.
No.
08-0124/AR.
U.S. v. Marcus M.
DAVILA.
CCA 20070238.
No.
08-0125/AR.
U.S. v. Joseph D.
LAJEUNESSE.
CCA 20060385.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No. 07-0870/AF.
U.S. v. Charles
S. ROACH.
CCA S31143.
On
consideration of Appellant’s petition for grant
of review, Appellant’s motion to summarily grant, vacate, and remand,
and the
response of the Air Force Court of Criminal Appeals to this Court’s
Order of
October 15, 2007, the Court notes that Appellant has alleged that the
Court of
Criminal Appeals erred in listing Colonel Nikki A. Hall, USAF, as
appellate
defense counsel in its decision. The
inclusion of Colonel Hall as appellate defense counsel before the lower
court
raises the possibility of a conflict in interest regarding her
representation
of Appellant before this Court in view of the ineffective assistance of
counsel
claim made by Appellant. Accordingly, it
is ordered that the record is remanded to the Court of Criminal Appeals
to
allow Appellant the opportunity, before the court that issued the
opinion, to
move for correction of the alleged error with respect to the listing of
appellate defense counsel; and that following the conclusion of this
matter
before the Court of Criminal Appeals, the record will be returned
directly to
this Court for further proceedings.
INTERLOCUTORY ORDERS
No.
07-0870/AF.
U.S. v. Charles S.
ROACH.
CCA S31143. On
consideration of Appellant's motion to raise
issue pursuant to United States v. Grostefon, 12 M.J. 431
(C.M.A. 1982),
and Appellant’s motion to attach document in support thereof, it is
ordered
that in view of the remand of this case to the Court of Criminal
Appeals
ordered this date, said motions are hereby denied without prejudice to
the
Appellant’s right to raise them in the course of later proceedings
before this
Court.
No.
08-5001/MC.
U.S. v. Michaeal A.
WILD.
CCA 200700108. Notice
is hereby given that a Motion for
enlargement of time to file a certificate for review of the decision of
the
United States Navy-Marine Corps Court of Criminal Appeals was filed by
Appellant under Rule 30 this date.
DAILY
JOURNAL
No.
08-035
Tuesday,
November 20, 2007
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0725/MC. U.S. v. Jonathan
E. LEE.
CCA 200600543.
Review granted on the following issue:
WHETHER CAPT
[R]'S FAILURE TO DISCLOSE HIS CONFLICT OF INTEREST
RESULTED IN AN UNINFORMED AND INVALID ELECTION OF COUNSEL.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0117/AF.
U.S. v. Jeffrey B.
ADAMS.
CCA S31355.
No.
08-0118/AF.
U.S. v. James N.
BARRENTINE III.
CCA 36721.
No.
08-0119/AF.
U.S. v. CJ H.
MCKEAGUE.
CCA S31187.
No.
08-0120/AF.
U.S. v. Amanda M.
MARTIN.
CCA 36612.
No.
08-0121/AF.
U.S. v. James E.
THOMPSON.
CCA 36943.
No.
08-0122/MC.
U.S. v. Andrew O.
BOUDREAU.
CCA 200700202.
INTERLOCUTORY ORDERS
No.
07-0412/AR.
U.S. v. Kerry T.
WRIGHT II.
CCA 20051233. Appellee's
motion to substitute title page
granted.
No.
07-0690/AF.
U.S. v. Rodger J. DAY.
CCA 36423. Appellee's
motion to extend time to file an answer
to Appellant's brief granted, up to
and including November 26, 2007, and
absent extraordinary circumstances, no further extension of time will
be
granted in this case.
No.
08-0029/AR.
U.S. v. William M.
RIGBY, Jr.
CCA 20050708. Appellant's
motion to for leave to file out of
time an extension of time to file the supplement to the petition for
grant of
review granted to December 14, 2007.
No.
08-0040/NA.
U.S. v. Rayfield
VELAZQUEZ.
CCA 200602421. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 17,
2007.
No.
08-0041/AR.
U.S. v. Gregory D.
MCMAHAN.
CCA 20070064. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 17,
2007.
No.
08-0042/AR.
U.S. v. Luis
TORRES-REGUERO.
CCA 20050276. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 17,
2007.
No.
08-0045/NA.
U.S. v. David L.
SAVAGE.
CCA 200500494. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 19,
2007.
No.
08-0046/AR.
U.S. v. Jason W.
STANFORD.
CCA 20050045. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 20,
2007.
No.
08-0057/NA.
U.S. v. Clarence R.
LACY.
CCA 200600273. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 21,
2007.
No.
08-8002/AR.
Alberto B. MARTINEZ, Appellant v. Colonel Stephen R. Henley,
Military
Judge, et al., Appellees. CCA 20071162. Appellant's
motion to replace joint appendix granted.
DAILY
JOURNAL
No.
08-034
Monday,
November 19, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0661/AR.
U.S. v. John C. SILVA.
CCA 20060138.
No.
07-0755/AR.
U.S. v. David A.
HYDER.
CCA 20061256.
No.
07-0778/AF.
U.S. v. Jonathan P.
GLOWACKI.
CCA 36814.
No.
07-0805/AR.
U.S. v. Fredderick A.
MONASTERIO.
CCA 20070087.
INTERLOCUTORY ORDERS
No.
07-0385/NA.
U.S. v. Kenneth E.
HARRIS.
CCA 200401897. On consideration
of Appellee’s Response to the Court
Order of September 25, 2007, and Appellant’s Reply, it is ordered that
the entire file of the Administrative Law
Division of Judge Advocate General of the Navy, submitted under seal by
Appellee on October 4, 2007, will be maintained under seal in the
Office of the
Clerk of the Court. Appellant and his
appellate defense counsel may examine this file at the Clerk’s office
and may
take notes, but may not reproduce any of the documents or disseminate
the information
contained therein.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0106/AR.
U.S. v. James SHEPARD.
CCA 200605293.
No.
08-0107/AR.
U.S. v. Aaron B. DUNN.
CCA 20070510.
No.
08-0108/AR.
U.S. v. Jordan S.
MOORE.
CCA 20060979.
No.
08-0109/AF.
U.S. v. Emile COLON.
CCA S31191.
No.
08-0110/AF.
U.S. v. Rudolph A.
WIECHERT.
CCA 36390.
No.
08-0111/AF.
U.S. v. Jose J.
TREVINO.
CCA 36690.
No.
08-0112/AF.
U.S. v. Randolph L. STEPHENS, Jr.
CCA 36570.
No.
08-0113/AF.
U.S. v. Jonathan R.
POPE.
CCA S31124.
No.
08-0114/AF.
U.S. v. Daymond C.
OWENS. CCA 37036.
No.
08-0115/AF.
U.S. v. Curtis T.
MOBLEY.
CCA 36876.
No.
08-0116/AF.
U.S. v. Troy J. FRANKS.
CCA 36541.
DAILY
JOURNAL
No.
08-033
Friday,
November 16, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 06-0532/NA. U.S. v. Hector A.
COLEMAN.
CCA 200101009.
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 the following
issue
specified by the Court:
WHETHER
THE POST-TRIAL DELAY IN THIS CASE DENIED
APPELLANT DUE
PROCESS OF LAW.
The
decision of the United States Navy-Marine Corps Court of Criminal
Appeals is
affirmed.
No. 07-0475/NA. U.S. v. Anthony
V. WILSON.
CCA 200300734.
On
consideration of the petition for grant of review
of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, it is ordered that said petition is hereby
granted, and the decision of the United States Navy-Marine Corps Court
of
Criminal Appeals is affirmed.
No. 07-0476/NA. U.S. v. Audley G.
EVANS, II.
CCA
200600806.
On consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, it is ordered that said
petition is hereby granted on the following issues:
No. 07-0598/NA. U.S. v. Manuel A.
MATOSPACHECO.
CCA 200101562.
On
consideration of the petition for grant of review
of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, it is ordered that said petition is hereby granted, and the
decision
of the United States Navy-Marine Corps Court of Criminal Appeals is
affirmed.
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0532/NA. U.S. v. Hector A.
COLEMAN.
CCA 200101009.
[See also APPEALS-SUMMARY DISPOSITIONS for
this date.]
No. 07-0346/AR. U.S. v. Ahmed M.
ELFAYOUMI.
CCA 20010415.
Review granted on the following issue:
WHETHER THE
MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE
DENIED THE DEFENSE COUNSEL'S CHALLENGE FOR CAUSE AGAINST MAJOR [L.G.],
A PANEL
MEMBER, FOR IMPLIED BIAS.
Briefs
will be filed under Rule 25.
No. 07-0382/MC. U.S. v. William
C. BRAGG.
CCA 200600228.
Review granted on the following issue:
WHETHER THE LOWER COURT ERRED IN
UPHOLDING THE MILITARY JUDGE'S DENIAL OF THE
CHALLENGE FOR CAUSE OF LIEUTENANT COLONEL [W.]
Briefs
will be filed under Rule 25.
No. 07-0475/NA. U.S. v. Anthony
V. WILSON.
CCA 200300734.
[See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No. 07-0476/NA. U.S. v. Audley G.
EVANS, II.
CCA 200600806.
[See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No. 07-0482/MC. U.S. v. Matthew
K. TRAVIS.
CCA 200600519.
Review granted on the following issue:
WHETHER
THE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT APPELLANT WAS NOT
PREJUDICED BY THE FAILURE OF THE STAFF JUDGE ADVOCATE TO FORWARD
CLEMENCY
MATTERS SUBMITTED BY APPELLANT TO THE CONVENING AUTHORITY PRIOR TO
TAKING
INITIAL ACTION AND BY FINDING THAT APPELLANT WAS NOT PREJUDICED WHEN
THE STAFF
JUDGE ADVOCATE HELD ONTO THE CLEMENCY MATTERS FOR OVER A YEAR BEFORE
FORWARDING
MATTERS TO THE CONVENING AUTHORITY.
Briefs
will be filed under Rule 25.
No. 07-0503/MC. U.S. v. Daqric B.
MOOREFIELD.
CCA 200600162.
Review granted on the following issue:
WHETHER
THE STAFF JUDGE ADVOCATE WAS REQUIRED TO RECUSE HIMSELF FROM
INVOLVEMENT IN
APPELLANT'S CASE ON THE BASIS OF JAGINST 5803.B, RULE 1.12, OR OTHER
LAW, REGULATION
OR DIRECTIVE. IF SO, WHETHER APPELLANT
WAS PREJUDICED BY THE STAFF JUDGE ADVOCATE'S FAILURE TO DO SO.
Briefs
will be filed under Rule 25.
No. 07-0598/NA. U.S. v. Manuel A.
MATOSPACHECO.
CCA 200101562.
[See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No. 07-0647/AR. U.S. v. Robert D.
MAYNARD.
CCA 20060121.
Review granted on the following issue:
WHETHER
THE MILITARY JUDGE COMMITTED PLAIN ERROR IN ALLOWING PANEL MEMBERS TO
CONSIDER
EVIDENCE OF APPELLANT'S ALLEGED ANTI-AMERICAN AND ANTI-WAR VIEWS AS
AGGRAVATION
EVIDENCE UNDER R.C.M. 1001(b)(4) TO THE OFFENSE OF ABSENCE WITHOUT
LEAVE,
THEREBY PREJUDICING APPELLANT'S SUBSTANTIAL RIGHTS.
Briefs
will be filed under Rule 25.
No. 07-0701/CG. U.S. v. Carl T.
BRIDGES.
CCA 1233.
Review granted on the following issue:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED PROSECUTION
EXHIBIT 3
OVER DEFENSE OBJECTION BECAUSE IT WAS EXTRINSIC EVIDENCE OF SPECIFIC
ACTS OF
MISCONDUCT OFFERED TO REBUT AN OPINION. See
United States v.
Hallum, 31 M.J. 254
(CMA 1990).
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0295/MC.
U.S. v. Jesika I. JENKINS.
CCA 200600989.
No.
07-0666/AF.
U.S. v. Renee C.
VAUGHN.
CCA 36531.
No.
07-0862/AF.
U.S. v. Kenneth W.
BARNES, II.
CCA 36884.*
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0102/MC.
U.S. v. Joseph E.
MALLIA, Jr.
CCA 200600537.
No.
08-0103/MC.
U.S. v. Akyme T.
ROBINSON.
CCA 200600974.
No.
08-0104/NA.
U.S. v. Arnoldo
ALBIAR.
CCA 200602375.
No.
08-0105/AF.
U.S. v. Robin L.
SHARPTON.
CCA 36460.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
08-8003/AR.
Lloyd DANIELS, Petitioner. V. United States, Respondent. CCA 20070665. Notice is hereby given that a motion for
extraordinary relief in the nature of a writ of mandamus which was
construed as
a petition for extraordinary relief in the nature of a writ of mandamus
was
filed under Rule 27(a) on September 26, 2007, and placed on the docket
this date. On consideration thereof, it is
ordered that
said petition is hereby denied.
INTERLOCUTORY ORDERS
No.
07-0020/AR.
U.S. v. Lucille S.
DIXON.
CCA 20050954. Appellant's
motion for leave to file the
supplement to the petition for grant of review out of time denied
without
prejudice to Appellant’s right to file a motion in compliance with Rule
30(a).
No.
07-0811/NA.
U.S. v. Jason T.
ROTEN.
CCA 200700110. Appellant's
motion to file the supplement to
the petition for grant of review out of time denied without prejudice
to
Appellant’s right to file a motion in compliance with Rule 30(a).
No.
07-0889/AF.
U.S. v. Donald E.
BAKER.
CCA 36732. Appellant's
motion to withdraw the petition
for grant of review denied without prejudice to Appellant’s right to
file a
motion in compliance with Rule 30. Cf.
R.C.M. 1110.
No.
07-0900/MC.
U.S. v. Carlos J.
RODRIGUEZ.
CCA 9900997. On
consideration of Appellant’s motion
to submit the petition for grant of review out of time and Appellee’s
motion
for leave to file out of time an answer to Appellant’s motion, it is
ordered
that said motions are hereby granted, and that Appellant will file a
supplement
to said petition on or before December 17, 2007, and Appellee may file
an answer
within thirty days of the filing of the supplement.
__________________
* It
is directed that the promulgating order be corrected to reflect a not
guilty
plea to Specification 1 of Charge I.
DAILY
JOURNAL
No.
08-032
Thursday,
November 15, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0097/AR.
U.S. v. Paul B.
BAUERMEISTER.
CCA 20060207.
No.
08-0098/AR.
U.S. v. Derrick S.
GREFF.
CCA 20070254.
No.
08-0099/AR.
U.S. v. William J.
DENNER.
CCA 20071008.
No.
08-0100/MC.
U.S. v. Sean D.
HABIAN.
CCA 200600753.
No.
08-0101/AR.
U.S. v. Norris DAVIS.
CCA 20041240.
INTERLOCUTORY ORDERS
No.
07-0721/AR.
U.S. v. Gregory
CADEUS.
CCA 20060444. Appellant's
motion for leave to file the
supplement to the petition for grant of review out of time granted.
No.
07-0768/AR.
U.S. v. Shawn D.
MOROSKY.
CCA 20051500. Appellant's
motion for leave to file out of
time the supplement to the petition for grant of review out of time
granted.
No.
08-8002/AR.
Alberto B.
MARTINEZ, Appellant
v. Colonel Stephen R. Henley, Military Judge, et al., Appellees. CCA 20071162. Appellee's
motion to extend time to file an
answer to Appellant's writ-appeal petition granted to November 30, 2007.
DAILY
JOURNAL
No.
08-031
Wednesday,
November 14, 2007
HEARINGS
No.
07-6004/AR.
U.S. v. Eric LOPEZ de
VICTORIA.
CCA 20061248.
No.
07-6005/NA.
U.S. v. Joshua M.
MICHAEL.
CCA 200700120.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0787/MC. U.S. v. Justin A.
INABINETTE.
CCA 200602228.
Review granted on the following issue:
WHETHER THE COURT
OF CRIMINAL APPEALS ERRED WHEN IT REVIEWED
FOR AN ABUSE OF DISCRETION, RATHER THAN DE NOVO, THE MILITARY JUDGE'S
LEGAL
CONCLUSION THAT APPELLANT'S PLEAS WERE PROVIDENT.
Briefs will be
filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0523/NA.
U.S. v. Richard K.
CORDLE.
CCA 200600570.
No.
07-0750/MC.
U.S. v. Roddrick L.
CARTER.
CCA 200601139.
No.
07-0835/AR.
U.S. v. Martin A.
JONES.
CCA 20050583.
No.
07-0851/AF.
U.S. v. Thomas A.
SZCESZINSKI.
CCA S30983.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0094/AR.
U.S. v. Brent W. MAY.
CCA 20050452.
No.
08-0095/MC.
U.S. v. Gabrhea
CAUDILL.
CCA 200601217.
No.
08-0096/AR.
U.S. v. Karl E. KING.
CCA 20060648.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
08-8002/AR.
Alberto B. MARTINEZ, Appellant. v. Col
Stephen R. Henley, Military Judge, LTG Lloyd J. Austin III, Commander
XVIII
Airborne Corps and Fort Bragg, North Carolina (General Court-Martial
Convening
Authority), Col Thomas E. Ayres, Staff Judge Advocate, XVIII Airborne
Corps,
the United States Army, and the United States of America, Appellees. CCA 20071162. Notice is hereby given that a writ-appeal
petition for review of the decision of the United States Army Court of
Criminal
Appeals on application for extraordinary relief was filed under Rule
27(b) on
November 5, 2007, and placed on the docket this date.
INTERLOCUTORY ORDERS
No.
05-0528/MC.
U.S. v. Michael S.
SNOOK.
CCA 200201598. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 10,
2007.
No.
07-0844/AR.
U.S. v. John R.
WILLIAMSON, Jr.
CCA 20030855. Appellant's
second motion to extend time to file the
supplement to the
petition for grant of review granted, up
to and including November 20, 2007, and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
08-0027/AR.
U.S. v. Stephanie A.
FOSTER.
CCA 20050694. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 13,
2007.
No.
08-0028/AR.
U.S. v. Mark R.
GIBBONS, Jr.
CCA 20060885. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 14,
2007.
No.
08-0030/AR.
U.S. v. Mark B.
TORRES.
CCA 20050470. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 13,
2007.
DAILY
JOURNAL
No.
08-030
Tuesday,
November 13, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0085/AR.
U.S. v. Jason L.
PRUDE.
CCA 20050417.
No.
08-0086/AR.
U.S. v. Jovan P.
STEWART.
CCA 20070074.
No.
08-0087/AR.
U.S. v. Jerry M.
POLING.
CCA 20061303.
No.
08-0088/AF.
U.S. v. Bennie C.
MELSON.
CCA 36523.
No.
08-0089/AF.
U.S. v. Calvin L.
NOLAN.
CCA 36632.
No.
08-0090/AF.
U.S. v. Charisse L.
SMITH.
CCA 36636.
No.
08-0091/AF.
U.S. v. Albert D.
SPEELMAN II.
CCA 36471.
No.
08-0092/MC.
U.S. v. Derek C.
BURCH.
CCA 200700047.
No.
08-0093/MC.
U.S. v. Daniel L.
SEXTON.
CCA 200700562.
DAILY
JOURNAL
No.
08-029
Friday,
November 9, 2007
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0694/AR.
U.S. v. Cary E. TOWNE.
CCA 20070017.
No.
07-0821/AF.
U.S. v. John H.
HARDY, Jr.
CCA 36590.
No.
08-0012/AR.
U.S. v. Jordan R.
YEARGAIN.
CCA 20070387.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0084/NA.
U.S. v. Joshua A.
GIFFORD.
CCA 200700296.
INTERLOCUTORY ORDERS
No.
08-0014/AR.
U.S. v. Debra D.
DURDEN. CCA 20060935. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 7,
2007.
No.
08-0015/AR.
U.S. v. Debra D.
DURDEN.
CCA 20060936. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 7,
2007.
No.
08-0016/AR.
U.S. v. Matthew D.
FURTADO.
CCA 20060086. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 7,
2007.
No.
08-0018/AR.
U.S. v. Michael W.
VANNESS.
CCA 20051259. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 7,
2007.
No.
08-0020/AR.
U.S. v. Frank M.
PACHECO.
CCA 20041261. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 7,
2007.
DAILY
JOURNAL
No.
08-028
Thursday,
November 8, 2007
INTERLOCUTORY ORDERS
No.
02-0334/AR.
U.S. v. Michael L.
BAKER.
CCA 9800743. Appellant's
second motion to extend time to file the
supplement to the
petition for grant of review granted, up
to and including November 21, 2007, and absent
extraordinary circumstances, no further extension of time
will be granted in this case.
No.
07-0550/MC.
U.S. v. Lateasha
MOORE.
CCA 200501142. Appellee’s
motion for leave to file an answer
to Appellant’s supplement to the petition for grant of review out of
time
granted.
No.
07-0685/AF.
U.S. v. Michael
RODRIGUEZ.
CCA 36455. Appellant's
motion to file brief out of time
granted.
DAILY
JOURNAL
No.
08-027
Wednesday,
November 7, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0740/AF. U.S. v.
Jeffrey W. GREENWAY, Jr. CCA
37008.
On
consideration of the petition for grant of review of the
decision of the United States Air Force Court of Criminal Appeals, it
is noted
that in summarizing and modifying the approved findings, the Court of
Criminal Appeals
made no mention of the guilty findings to Charge IV and its
Specification
(making a false pass) that had been approved by the convening authority. Because this offense went unmentioned, it is
unclear whether it was affirmed and was part of that court’s sentence
reassessment under United States v. Sales, 22 M.J. 305 (C.M.A.
1986). Under Article 67(c), Uniform Code
of Military Justice (UCMJ), 10 U.S.C. § 867(c) (2000), this Court can
only act
with respect to findings as affirmed by a court of criminal appeals. If the findings are ambiguous, the appropriate
remedy is a remand for clarification. United
States v. Kosek, 41 M.J. 60,
65 (C.M.A. 1994)(“The appropriate remedy for
incomplete or ambiguous rulings is a remand for clarification.”). Accordingly, because of the ambiguity as to
the affirmed findings, it is ordered that said petition
is hereby granted. The decision of the
United States Air Force Court of Criminal Appeals is set aside, and the
record
of trial is returned to the Judge Advocate General of the Air Force for
remand to the United States Air Force Court of Criminal Appeals for clarification as
to the affirmed findings.
Thereafter, Article 67, UCMJ, shall
apply. This is without prejudice to
Appellant's right to resubmit any assignments of error in a subsequent
petition
for grant of review to this Court. [See also ORDERS
GRANTING
PETITION
FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0740/AF. U.S. v.
Jeffrey W. GREENWAY, Jr. CCA
37008.
[See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0083/AR.
U.S. v. Joseph J.
ZANINE, Jr.
CCA 20070601.
INTERLOCUTORY ORDERS
No.
08-0008/AR.
U.S. v. Jared R.
CHAMBERLIN.
CCA 20060983. Appellant's
motion to extend time to file the supplement
to the petition for grant of review granted to December 3, 2007.
No.
08-0010/AR.
U.S. v. Matthew C.
PINAPFEL.
CCA 20041167. Appellant's
motion to extend time to file the
supplement to the supplement to the petition for grant of review
granted to December
5, 2007.
No.
08-0013/AR.
U.S. v. Juan A.
ACEVEDO.
CCA 20070175. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 6,
2007.
No.
08-0021/AR.
U.S. v. Gene K.
BOSLEY.
CCA 20060379. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 5,
2007.
No.
08-0082/CG.
U.S. v. Albert
STELLON.
CCA 1264.
Appellant's
motion for leave to file corrected page granted.
DAILY
JOURNAL
No.
08-026
Tuesday,
November 6, 2007
HEARINGS
No.
07-0114/AR.
U.S. v. Anthony L.
REED.
CCA 20030921.
No.
07-0135/MC.
U.S. v. Josh R.
HARCROW.
CCA 200401923.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0796/AF. U.S. v. Antonyo
T. ADAMS.
CCA 36226.
Review granted on the following issue:
WHETHER
THE COURT-MARTIAL CONVENED BY SPECIAL ORDER AB-12 HAD PROPER
JURISDICTION WHEN
THAT ORDER DID NOT TRANSFER MEMBERS APPOINTED BY PRIOR ORDERS AB-01,
AB-07, AND
AB-09, BUT MEMBERS NAMED IN THOSE ORDERS NONETHELESS SAT AS MEMBERS OF
APPELLANT'S COURT-MARTIAL.
Briefs will
be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0454/AR.
U.S. v. Dann R.
LINTEAU.
CCA 20010926.
No.
07-0497/AR.
U.S. v. Christian A.
RAMIREZ.
CCA 20040647.
No.
07-0736/AF.
U.S. v. Michael R.
MOULTRIE.
CCA 36372.
No.
07-0744/AF.
U.S. v. Roddey B. DUE.
CCA 36424.
No.
07-0781/AF.
U.S. v. Jason B.
PUDELSKI.
CCA 36562.
DAILY
JOURNAL
No.
08-025
Monday,
November 5, 2007
HEARINGS
No. 06-0833/AF.
U.S. v. John
S. FREEMAN.
CCA 35822.
No. 07-0397/AF.
U.S. v. Steven
M. CUCUZZELLA.
CCA 36280.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0379/NA. U.S. v. David A.
CZACHOROWSKI.
CCA
200400735.
Review granted on the following issues:
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY ADMITTING INTO EVIDENCE
AAC'S
HEARSAY STATEMENTS IN VIOLATION OF MIL.R.EVID. 807 AND THE
SIXTH AMENDMENT
OF THE CONSTITUTION.
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY
ADMITTING
INTO EVIDENCE AAC'S HEARSAY STATEMENTS IN VIOLATION OF THE NOTICE
REQUIREMENT
OF MIL.R.EVID. 807.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0590/AF.
U.S. v.
Christopher M. DEBBAS.
CCA
S31052.
No. 07-0593/AF.
U.S. v.
Rashone L. JOHNSON.
CCA
36433.
No. 07-0682/AF.
U.S. v. James
R. RIDGE.
CCA 36402.
No. 07-0689/AF.
U.S. v. Brian
K. LATTA.
CCA 36403.
No. 07-0719/AR.
U.S. v.
Michael G. RHOADES.
CCA
20050592.
No. 07-0733/AF.
U.S. v.
Tamikka R. WINTERS.
CCA
S31013.
No. 07-0734/AF.
U.S. v. Maria
J. TOSCO.
CCA S31035.
No. 07-0735/AF.
U.S. v. Jeremy
J. PEACH.
CCA 36459.
No. 07-0742/AF.
U.S. v. William
B. GLEASON.
CCA 36444.
No. 07-0760/AR.
U.S. v. David
W. CAGLE, Jr.
CCA 20061282.
No. 07-0780/AF.
U.S. v.
Christopher J. BARRETT.
CCA
36591.
No. 07-0818/MC.
U.S. v.
Nicholas W. RIGGS.
CCA 200600768.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0079/AR.
U.S. v. Joshua
J. PARKER.
CCA 20061131.
No. 08-0080/AR.
U.S. v. Joshua
R. CLAUS.
CCA 20051171.
No. 08-0081/AR.
U.S. v. Andre
JOHNSON.
CCA 20061352.
No. 08-0082/CG.
U.S. v. Albert
STELLON.
CCA 1264.
DAILY
JOURNAL
No.
08-024
Friday,
November 2, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0706/AR.
U.S. v. Douglas W.
EMMETT.
CCA 20041035.
No.
07-0715/AR.
U.S. v. Ronnie A.
BLEND.
CCA 20060257.
No.
07-0769/AR.
U.S. v. Jerry L.
LEWIN, Jr.
CCA 20050585.
No.
07-0799/AR.
U.S. v. Andrew F.
MIRANDA.
CCA 20061290.
No.
07-0804/AR.
U.S. v. Jayson L.
LANDERS.
CCA 20060874.
No.
07-0825/AR.
U.S. v. Beverly A.
WHISENHUNT.
CCA 20061274.
No.
07-0827/AR.
U.S. v. Javier O.
MORALEZ.
CCA 20060123.
No.
07-0829/AR.
U.S. v. Wesshonte L.
TAYLOR.
CCA 20061055.
No.
07-0842/AR.
U.S. v. Tom SEUN.
CCA 20061213.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 08-8001/CG.
Thomas A. MORTON, Appellant. v.
Captain Brian
Judge, USCG, Military Judge and United States, Appellee. CCA 003-07. On consideration
of the writ-appeal petition, and Appellant’s motion to stay
trial proceedings, it is ordered that said motion to stay
trial proceedings is hereby denied, and that said
writ-appeal petition is hereby denied without prejudice to Appellant’s
right to
raise the matters asserted during the course of normal appellate review.
INTERLOCUTORY ORDERS
No.
08-0009/NA.
U.S. v. Derek R. UNDERHILL.
CCA 200700144. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 5,
2007.
No.
08-0023/NA.
U.S. v. David K.
SORENSON.
CCA 200001969. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to December 10,
2007.
DAILY
JOURNAL
No.
08-023
Thursday,
November 1, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0028/MC. U.S. v. Aaron A.
MARTINEZ.
CCA 200301483.
Upon
further consideration of the granted issue, 65
M.J. 278-79 (C.A.A.F. 2007), the Court notes that military judges are
presumed
to know the law and follow it absent clear evidence to the contrary, United
States v. Erickson, 65 M.J. 221, 225 (C.A.A.F. 2007), including the
principle
that each offense and the evidence supporting that offense must stand
on its
own. See United States v. Southworth, 50 M.J. 74,
76-78
(C.A.A.F. 1999). In this case, Appellant
has not rebutted that presumption. Accordingly,
it is ordered that the decision of the United States Navy-Marine Corps
Court of
Criminal Appeals is affirmed.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0587/AR. U.S.
v. David P. WARREN. CCA 20041280.
No.
07-0680/AR. U.S.
v. John J. MURRAY. CCA 20060724.
No.
07-0713/AR. U.S.
v. David R. MCKINNEY. CCA 20050905.
No.
07-0727/AR. U.S.
v. Sammi D. TAYLOR. CCA 20050673.
No.
07-0753/AR. U.S.
v. Joshua M. GENEREAU. CCA 20051487.
No.
07-0756/AR. U.S.
v. Jose J. FERRER. CCA 20070410.
No.
07-0775/AR. U.S.
v. William N. GADDY. CCA 20060091.
No.
07-0794/AF. U.S.
v. Adam D. STALLINGS. CCA 36861.
No.
07-0858/AR. U.S.
v. Dennis S. CHILDRESS, Jr. CCA
20061345.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0076/AR. U.S.
v. Hod L. VERBLE, III. CCA 20070097.
No.
08-0077/AR. U.S.
v. Adrian CHEE. CCA 20030294.
No.
08-0078/MC. U.S. v. Robert P.
WILLIAMS, IV.
CCA 200700245.
INTERLOCUTORY ORDERS
No.
07-0384/MC. U.S.
v. Anthony T. HALL. CCA
200600805. Appellee's motion to
extend time to file an answer to Appellant's brief granted, up
to and including November 10, 2007,
and absent extraordinary
circumstances, no further extension of time will be granted in this case.
No.
07-0575/MC. U.S.
v. Christopher A. GREATTING. CCA 200401945. Appellant's
motion to extend time to file a brief granted, but only
up to and including November 19, 2007, and
absent extraordinary circumstances,
no further extension of time will be granted in this case.
No.
07-6004/AR. U.S.
v. Eric LOPEZ de VICTORIA.
CCA 20061248. Motion
filed by Captain Anthony D. Ortiz,
USAF, and Captain Timothy M. Cox, USAF, for leave to file brief of
amici curiae
granted.
No.
07-6005/NA. U.S.
v. Joshua M. MICHAEL. CCA
200700120. Motion filed by
Captain Anthony D. Ortiz, USAF, and Captain Timothy M. Cox, USAF, for
leave to
file brief of amici curiae, and Appellee’s motion to correct errata
granted.
No.
08-0005/AR.
U.S.
v. Jeffery D. JENRETTE. CCA
20060463. Appellant's
motion to extend time to file the supplement to the petition for grant
of
review granted to November 30, 2007.
No.
08-0006/AR. U.S.
v. Keith S. CAMPBELL. CCA
20020190. Appellant's motion to
extend time to file the supplement to the petition for grant of review
granted
to November 30, 2007.
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