UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-246
Friday,
September 28, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0473/NA.
No.
07-0549/MC.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No. 07-0538/NA.
No. 07-0657/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0899/AF.
No.
07-0900/MC.
INTERLOCUTORY ORDERS
No.
07-0173/AR.
No.
07-0708/NA.
No.
07-0722/AR.
No.
07-0812/AR.
No.
07-0818/MC.
No.
07-0822/NA.
No.
07-0826/AR.
2007 TERM OF COURT
In the Matter
of the 2007 Term of Court, it is ordered that the following case, heard
during
the 2007 Term of Court, is hereby carried over from the 2007 Term of
Court to the
October 2007 – August 2008 Term of Court (Transition): United States v.
RULES ADVISORY COMMITTEE MEMBERSHIP CHANGE
Pursuant to Rule
45 of the Rules of Practice and
Professor Steven
H. Goldblatt, Chair
Matthew S.
Freedus, Esq.
The following
members, whose terms expire on the
dates indicated below, remain on the Rules Advisory Committee:
To
expire on
Mary T. Hall, Esq.
Professor Mary M.
Cheh
Professor Peter
B. Rutledge
To
expire on
Captain John W.
Rolph,
Malcolm Squires,
Jr., Esq.
John F. DePue,
Esq.
Professor Jane
Aiken is hereby appointed to replace
Thomas F. Granahan, Esq., whose term expires on September 30, 2007. Professor Aiken’s term will expire on
Lieutenant
Commander Kristina B. Reeves,
Major Matthew
Ward, U.S. Air Force, is hereby
appointed to the Committee for a term that will expire on September 30,
2010.
William A.
DeCicco, Clerk of the Court, is an ex
officio member of the Committee and serves as its Reporter.
The Court wishes
to express its deepest appreciation
to Thomas F. Granahan, Esq. and Lieutenant Colonel Michele B. Shields,
For the Court,
/s/ William A. DeCicco
Clerk of the
Court
ANNOUNCEMENT
BY THE
CLERK OF THE COURT
OF THE
CUMULATIVE
SUMMARY OF
COURT WORKLOAD
STATISTICS
FOR THE OCTOBER
2007 TERM OF
COURT
I.
CUMULATIVE
PENDING OCTOBER 1, 2006
Master Docket . .
. . . . . . . . . . . . . . 38
Petition Docket .
. . . . . . . . . . . . . . 240
Miscellaneous
Docket. . . . . . . . . . . . . 0
TOTAL . . . . . . . . . . . . . . .
. . 278
II.
CUMULATIVE FILINGS
Master Docket . .
. . . . . . . . . . . . . . 172
Petition Docket .
. . . . . . . . . . . . . . 937
Miscellaneous
Docket. . . . . . . . . . . . . 23
TOTAL . . . . . . . . . . . . . . .
. . 1,132
III.
CUMULATIVE
TERMINATIONS
Master Docket . .
. . . . . . . . . . . . . . 157
Petition Docket .
. . . . . . . . . . . . . . 911
Miscellaneous
Docket. . . . . . . . . . . . . 20
TOTAL . . . . . . . . . . . . . . .
. . 1,088
IV.
CUMULATIVE
PENDING OCTOBER 1, 2007
Master Docket . .
. . . . . . . . . . . . . . 53
Petition Docket .
. . . . . . . . . . . . . . 266
Miscellaneous
Docket. . . . . . . . . . . . . 3
TOTAL . . . . . . . . . . . . . . .
. . 322
V.
CASES ON MASTER
DOCKET CARRIED OVER TO OCTOBER 2007 – AUGUST
2008 TERM OF COURT (TRANSITION)
(53)
AWAITING ORAL
ARGUMENT OR
FINAL DISPOSITION
(31)
06-0768/NA -
OTHURU
06-0833/AF -
FREEMAN
06-0870/AR -
06-0906/AF -
CHRISTIAN
06-0932/NA -
GAINOUS
06-0934/NA -
STEVENSON
07-0028/MC -
07-0053/NA -
FELLS
07-0079/AR -
PARRISH
07-0085/MC -
PACK
07-0096/AR -
07-0105/NA -
FALCON
07-0114/AR -
REED
07-0135/MC -
HARCROW
07-0148/AR -
DONNELLY
07-0173/AR -
RHOADES
07-0188/AF -
CUSTIS
07-0194/AF -
WALLACE
07-0199/AR -
NAVRESTAD
07-0225/MC -
MITCHELL
07-0229/NA -
TOWNSEND
07-0263/AF -
LARSON
07-0286/AR -
BROWN
07-0316/NA -
TOY
07-0363/NA -
FRANK
07-0386/CG -
HUNTER
07-0397/AF -
CUCUZZELLA
07-0407/AR -
GLENN
07-0412/AR -
WRIGHT
07-0553/NA -
BOLSINS
07-5003/AF -
WEBB
AWAITING BRIEFS (22)
05-0159/AR -
WILCOX
06-0908/NA -
ALLENDE
07-0221/MC -
REYNOSO
07-0247/AF -
HART
07-0269/AR -
BRIGHT
07-0322/CG -
UPHAM
07-0350/CG -
HOLBROOK
07-0384/MC -
HALL
07-0436/MC -
MIERGRIMADO
07-0495/MC -
NIETO
07-0508/MC -
HARRIS
07-0519/AR -
AGUILAR
07-0527/MC -
GALLAGHER
07-0544/AR -
McILWAIN
07-0555/AR -
ORTIZ
07-0575/MC -
GREATTING
07-0597/AF -
SCOTT
07-0612/AR -
DACUS
07-0639/MC -
BROOKS
07-0685/AF -
RODRIGUEZ
07-0690/AF -
DAY
07-5004/AF -
MILLER
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-245
Thursday,
September 27, 2007
PETITIONS FOR GRANT OF REVIEW FILED
No.
06-0001/AR.
No.
07-0898/NA.
SPECIAL DOCKET MATTERS
No.
07-11. In the Matter
of Franklin FEIGENBAUM. It appearing that
the
above-named attorney is a member of the Bar of this Court, that he
resigned
from the State Bar of California with charges pending, that he was
suspended by
the District of Columbia Court of Appeals, that, 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 by August 20, 2007, why he should not be
disbarred, that
copies of the Court’s Order were sent by certified mail to his last
known
address as provided by the State Bar of California and the District of
Columbia
Court of Appeals, and considering the serious nature of his misconduct,
it is
ordered that Franklin Feigenbaum is hereby suspended indefinitely from
the
practice of law before this Court effective this date.
No. 07-15. In the Matter of Robert P.
HILSON. It appearing that the
above-named attorney is
a member of the Bar of this Court, that he was indefinitely suspended
from the
practice of law in the Commonwealth of Massachusetts, and suspended
from the
practice of law in the District of Columbia, that, 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, that
considering
the matters submitted by said attorney in response, and considering the
serious
nature of his misconduct, it is ordered that Robert P. Hilson is hereby
suspended indefinitely from the practice of law before this Court
effective this
date.
No. 07-16. In the Matter of Michael
J. CLAYBORNE. It appearing that the
above-named attorney is
a member of the Bar of this Court, that he was disbarred in the State
of Texas,
that, 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 directed to show cause by August
20, 2007,
why he should not be disbarred, that a copy of the Court’s Order was
sent by certified
mail to his last known address as provided by the State Bar of Texas,
that said
certified mail was returned marked “unknown” addressee, and considering
the
serious nature of his misconduct, it is ordered that Michael J.
Clayborne is
hereby disbarred from the practice of law before this Court effective
this date.
No. 07-18. In the Matter of Patrick
E. BAILEY. It appearing that the
above-named attorney is
a member of the Bar of this Court, that he was suspended from the
practice of
law for three years in the Commonwealth of Virginia, that, 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 said attorney’s request to be heard before the Court and
the
matters submitted by said attorney in response, and considering all of
the
circumstances in the case, it is ordered that Patrick E. Bailey’s
request for a
hearing before the Court is denied; and that Patrick E. Bailey
is hereby suspended
indefinitely from the practice of law before this Court effective this
date.
No. 07-20. In the Matter of Robert A.
KIERNAN. It appearing that the
above-named attorney is
a member of the Bar of this Court, that he resigned from the State Bar
of
California with charges for misconduct pending, that, pursuant to Rule
15(c),
Rules of Practice and Procedure, United States Court of Appeals for the
Armed
Forces, said attorney was directed to show cause by August 20, 2007,
why
disciplinary action should not be taken, that a copy of Court’s Order
was sent
by certified mail to his last known address as provided by the State
Bar of
California, that said registered mail was returned marked “unknown”
addressee,
and considering the serious nature of his misconduct, it is ordered
that Robert
A. Kiernan is hereby disbarred from the practice of law before this
Court
effective this date.
No. 07-22. In the Matter of Keith A.
MANSON. It appearing that the
above-named attorney is
a member of the Bar of this Court, that he was suspended in 1997 from
the
practice of law for six months by the Supreme Court of Indiana, that,
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 by August 20, 2007, why
he
should not be disbarred, that he has submitted information that he
currently is
in good standing with the Supreme Court of Indiana, and considering the
serious
nature of his misconduct and his conviction by general court-martial,
it is
ordered that Keith A. Manson is hereby suspended indefinitely from the
practice
of law before this Court effective this date.
No. 07-24. In the Matter of Marvin W.
SHUMATE. It appearing that the
above-named attorney is
a member of the Bar of this Court, that he was disbarred in the state
of
Indiana, that, 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 by
August
20, 2007, why he should not be disbarred, that a copy of the Court’s
Order was
sent by certified mail to his last known address as provided by the
State Bar
of Indiana, that said letter was returned marked “unknown” addressee,
and
considering the serious nature of his misconduct, it is ordered that
Marvin W.
Shumate is hereby disbarred from the practice of law before this Court
effective this date.
No. 07-25. In the Matter of Jeffrey
C. ZANDER. It appearing that the
above-named person
gained admission to the Bar of this Court through fraud, that an Order
of the
Court was sent to him by certified mail and was received on July 27,
2007,
giving him until August 20, 2007, to show cause why his admission to
the Bar of
this Court should not be revoked nunc pro tunc,
and that
no matters have been received from him, it is ordered that the
admission of
Jeffrey C. Zander to the Bar of this Court is hereby revoked nunc
pro
tunc.
No. 07-28. In the Matter of Stephen
VIEIRA. It appearing that the
above-named attorney is
a member of the Bar of this Court, that his license to practice law in
the
Commonwealth of Virginia was revoked, that, 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 by August 31, 2007, why he should not be
disbarred, that
a copy of the Court’s Order was sent by certified mail to his last
known
address, that said certified mail was returned marked “unknown”
addressee, and
considering the serious nature of his misconduct, it is ordered that
Stephen
Vieira is hereby disbarred from the practice of law before this Court
effective
this date.
* Second petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-244
Wednesday,
September 26, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0604/AR.
No.
07-0644/AR.
No.
07-0667/AF.
No.
07-0688/AR.
No.
07-0703/AR.
No.
07-0739/AF.
No.
07-0758/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0647/NA.
No.
07-0896/AR.
No.
07-0897/AR.
INTERLOCUTORY ORDERS
No.
07-0473/NA.
____________________________
* Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-243
Tuesday,
September 25, 2007
ORDERS
GRANTING PETITION FOR REVIEW
No. 07-0544/AR.
WHETHER
THE MILITARY JUDGE, IN A TRIAL BEFORE A COURT-MARTIAL PANEL ERRED IN
DENYING A
MOTION FOR RECUSAL AFTER STATING THAT WHILE SHE BELIEVED SHE COULD
REMAIN
IMPARTIAL IN A TRIAL BY MEMBERS, SHE WOULD RECUSE HERSELF IF SHE WERE
THE TRIER
OF FACT. Compare,
e.g.,
Parenteau v. Jacobson, 586 N.E.2d 15, 18 (Mass.
Briefs
will be filed under Rule 25.
No. 07-0639/MC.
WHETHER
APPELLANT'S SIXTH AMENDMENT RIGHT TO COUNSEL HAS
BEEN VIOLATED WHERE, WHILE IN CONFINEMENT, BRIG PERSONNEL MONITORED HIS
PHONE
CONVERSATIONS WITH APPELLATE DEFENSE COUNSEL AND SEIZED HIS PRIVILEGED
CORRESPONDENCE.
Briefs
will be filed under Rule 25.
No. 07-0685/AF.
SINCE
TWO OF THREE ALLEGED USES OF MARIJUANA WERE BASED ON UNCORROBORATED
CONFESSIONS
AND APPELLANT'S CONVICTION FOR USING MARIJUANA ON DIVERS OCCASIONS WAS
ACCORDINGLY
TRANSFORMED INTO A SINGLE USE CONVICTION BY THE AFCCA, WHETHER UNITED
STATES
v. SEIDER AND UNITED STATES v. WALTERS PROHIBIT AFFIRMING
EVEN A
SINGLE USE OF MARIJUANA BECAUSE THE MEMBERS COULD HAVE BASED THEIR "ON
DIVERS OCCASIONS" CONVICTION ON THE TWO UNCORROBORATED CONFESSIONS AND
FOUND APPELLANT NOT GUILTY OF THE ALLEGED USE NOW USED BY THE AFCCA TO
AFFIRM
THE SPECIFICATION.
Briefs
will be filed under Rule 25.
No. 07-0690/AF.
WHETHER
THE EVIDENCE IS LEGALLY INSUFFICIENT TO SUSTAIN APPELLANT'S CONVICTION
OF
CHARGE I AND ITS SPECIFICATION, FALSE OFFICIAL STATEMENT, ARTICLE 107,
UCMJ,
WHERE THE STATEMENTS WERE NOT "OFFICIAL" STATEMENTS.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0443/AF.
No.
07-0479/MC.
No.
07-0489/AF.
No.
07-0568/AR.
No.
07-0610/NA.
No.
07-0678/AR.
No.
07-0687/AR.
No.
07-0728/AR.
No.
07-0747/AR.
No.
07-0748/AR.
No.
07-0770/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0895/AR.
INTERLOCUTORY ORDERS
No.
07-0385/NA.
No.
07-0436/MC.
No.
07-0786/MC.
No.
07-0812/AR.
No.
07-8022/AR.
G. Jerome HURLEY, Appellant v. Lieutenant Colonel John M. HEAD,
Military
Judge and
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-242
Monday,
September 24, 2007
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0908/NA.
WHETHER
THE LOWER COURT
WHETHER
THE LOWER COURT ERRED
IN
FINDING NO DUE PROCESS VIOLATION WHERE 2,484 DAYS ELAPSED BETWEEN THE
ADJOURNMENT
OF APPELLANT'S TRIAL AND COMPLETION OF ARTICLE 66, UCMJ, REVIEW,
INCLUDING 734
DAYS IN PANEL.
Briefs will be
filed under
Rule 25.
No. 07-0527/MC.
WHETHER THE
NAVY-MARINE
CORPS COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE SEARCH OF
APPELLANT'S
CLOSED BRIEFCASE, LOCATED IN THE GARAGE OF APPELLANT'S HOME, DID NOT
EXCEED THE
SCOPE OF HIS WIFE'S CONSENT TO SEARCH THE AREAS OF THE HOME OVER WHICH
SHE HAD
ACTUAL OR APPARENT AUTHORITY.
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY HOLDING THAT
THE
EVIDENCE OF THE CONTENT OF APPELLANT'S COMPUTER HARDDRIVE WAS PROPERLY
ADMITTED
AND WAS NOT THE PRODUCT OF AN UNLAWFUL SEARCH.
Briefs will be
filed under
Rule 25.
No. 07-0575/MC.
WHETHER THE
MILITARY JUDGE
ABUSED HIS DISCRETION BY FAILING TO RECUSE HIMSELF AFTER HE PRESIDED
OVER FOUR COMPANION
CASES AND WHEN HE PROVIDED SENTENCING ADVICE TO THE STAFF JUDGE
ADVOCATE
REGARDING THE FACTS ASSOCIATED WITH APPELLANT'S COURT-MARTIAL.
WHETHER THE
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0101/NA.
No. 07-0280/AF.
No. 07-0700/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0879/AR.
No. 07-0880/AR.
No. 07-0881/AR.
No. 07-0882/AR.
No. 07-0883/AR.
No. 07-0884/AR.
No. 07-0885/AR.
No. 07-0886/AF.
No. 07-0887/AF.
No. 07-0888/AF.
No. 07-0889/AF.
No. 07-0890/AF.
No. 07-0891/AF.
No. 07-0892/AF.
No. 07-0893/AF.
No. 07-0894/MC.
____________________
* It is directed
that the date of the
promulgating order be corrected to conform with
the
date of the convening authority’s action.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-241
Friday,
September 21, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0210/MC.
No.
07-0469/MC.
No.
07-0483/MC.
No.
07-0526/NA.
No.
07-0709/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0875/AF.
No.
07-0876/AF.
No.
07-0877/AF.
DOCKETING NOTICE
No.
07-0878/AR.
INTERLOCUTORY ORDERS
No.
03-0595/AR.
No.
07-0354/AR.
No.
07-0473/NA.
No.
07-0522/MC.
No.
07-0632/AR.
No.
07-0639/MC.
No.
07-0801/MC.
No.
07-0806/AR.
No.
07-0810/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-240
Thursday,
September 20, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0874/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-239
Wednesday,
September 19, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0616/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0873/AR.
INTERLOCUTORY ORDERS
No.
06-0918/MC.
No.
07-0685/AF.
No.
07-8023/AR.
Ehren K. WATADA, Appellant v. Lieutenant Colonel John M. Head,
Lieutenant General Charles Jacoby, and
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-238
Tuesday,
September 18, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0871/NA.
No.
07-0872/NA.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
07-8023/AR.
Ehren K. WATADA, Appellant v. Lieutenant
Colonel John M. Head, Lieutenant General Charles Jacoby, and
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-237
Monday,
September 17, 2007
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0852/NA.
No.
07-0853/AR.
No.
07-0854/AR.
No.
07-0855/AR.
No.
07-0856/AR.
No.
07-0857/AR.
No.
07-0858/AR.
No.
07-0859/AF.
No.
07-0860/AF.
No.
07-0861/AF.
No.
07-0862/AF.
No.
07-0863/AF.
No.
07-0864/AF.
No.
07-0865/AF.
No.
07-0866/AF.
No.
07-0867/AR.
No.
07-0868/MC.
No.
07-0869/NA.
No.
07-0870/AF.
INTERLOCUTORY ORDERS
No.
07-0430/AR.
No.
07-0788/AR.
No.
07-0791/AR.
No.
07-0792/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-236
Friday,
September 14, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0490/AF.
No.
07-0511/AF.
No.
07-0619/AR.
No.
07-0624/AF.
No.
07-0650/AR.
No.
07-0658/MC.
No.
07-0668/AF.
No.
07-0704/AR.
No.
07-0718/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0848/AF.
No.
07-0849/AF.
No.
07-0850/AF.
No.
07-0851/AF.
INTERLOCUTORY ORDERS
No.
07-0322/CG.
No.
07-0809/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-235
Thursday,
September 13, 2007
APPEALS – SUMMARY DISPOSITIONS
No. 07-0602/NA.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0508/MC.
WHETHER
THE LOWER COURT ERRED BY FAILING TO AWARD APPELLANT ADDITIONAL
CONFINEMENT
CREDIT OR OTHER MEANINGFUL RELIEF DUE TO THE UNDULY RIGOROUS BRIG
CONDITIONS
AND THE IMPROPER DENIAL OF NECESSARY MEDICAL CARE.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0296/AR.
No.
07-0362/AF.
No. 07-0453/NA.
No.
07-0474/NA.
No.
07-0595/AF.
No.
07-0608/AR.
No.
07-0642/AR.
No.
07-0648/AF.
No.
07-0656/AF.
No.
07-0664/AF.
No.
07-0673/AF.
No. 07-0686/AR.
No.
07-0729/AR.
No.
07-0751/AR.
INTERLOCUTORY ORDERS
No.
07-0269/AR.
No.
07-0384/MC.
No.
07-0477/AR.
No.
07-0783/NA.
No. 07-6005/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-234
Wednesday,
September 12, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0662/AR.
No.
07-0710/AR.
No.
07-0723/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0844/AR.
No.
07-0845/AF.
No.
07-0846/AF.
No.
07-0847/MC.
INTERLOCUTORY ORDERS
No.
07-0693/AR.
No.
07-0776/AR.
No.
07-0793/AR.
No.
07-0800/NA.
No.
07-0817/NA.
No.
07-8022/AR.
G. Jerome HURLEY, Appellant v. Lieutenant Colonel John M. Head,
Military
Judge and
UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 07-233
No.
07-0842/AR.
No.
07-0843/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-232
Monday,
September 10, 2007
APPEALS - SUMMARY DISPOSITIONS
No. 07-0067/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
02-0334/AR.
No.
07-0838/AR.
No.
07-0839/MC.
No.
07-0840/AF.
No.
07-0841/AF.
INTERLOCUTORY ORDERS
No.
07-0401/NA.
_____________________
* Second
petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-231
Friday,
September 7, 2007
CERTIFICATES FOR REVIEW FILED
No. 07-5004/AF.
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION IN GRANTING THE DEFENSE MOTION
TO
SUPPRESS ALL EVIDENCE RESULTING FROM APPELLEE’S URINALYSIS TEST.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
07-8022/AR. G. Jerome HURLEY, Appellant
v. Lieutenant Colonel John M. Head, Military Judge, and
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-230
Thursday,
September 6, 2007
APPEALS - SUMMARY
DISPOSITIONS
No. 03-0151/MC.
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0151/MC.
No. 05-0159/AR.
WHETHER
THE EVIDENCE WAS LEGALLY SUFFICIENT TO SUPPORT A DETERMINATION THAT
APPELLANT'S
STATEMENTS TO AN UNDERCOVER NCIS AGENT ON THE INTERNET WERE EITHER
DETRIMENTAL
TO GOOD ORDER AND DISCIPLINE OR OF A NATURE TO BRING DISCREDIT UPON THE
ARMED
FORCES WHEN THE MILITARY NEXUS REFLECTED IN THE RECORD CONSISTED OF
APPELLANT'S
REFERENCE TO BEING A "US ARMY PARATROOPER," AND HIS STATEMENTS RAISE
A SIGNIFICANT ISSUE UNDER THE FIRST AMENDMENT.
Briefs
will be filed under Rule 25.
No. 07-0555/AR.
WHETHER APPELLANT
WAS DENIED HIS CONSTITUTIONAL RIGHT TO A
PUBLIC TRIAL WHEN THE MILITARY JUDGE EXCLUDED THE PUBLIC FROM THE
COURTROOM
WHEN THE VICTIM, BP, TESTIFIED ON THE MERITS.
Briefs
will be filed under Rule 25.
No. 07-0612/AR.
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY ACCEPTING APPELLANT'S
GUILTY PLEAS
TO SPECIFICATIONS 1 AND 2 OF CHARGE I, AGGRAVATED ASSAULT, WHERE
APPELLANT DID
NOT ADMIT FACTS THAT OBJECTIVELY SUPPORTED HIS PLEAS DURING THE
PROVIDENCE
INQUIRY, AND INTRODUCED EVIDENCE THAT IS SUBSTANTIALLY INCONSISTENT
WITH HIS PLEAS
DURING PRESENTENCING.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0056/AR.
No.
07-0262/AF.
No.
07-0395/AF.
No.
07-0517/MC.
No.
07-0681/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
07-8021/AR.
Richard J. RAMSEY, Petitioner v.
INTERLOCUTORY ORDERS
No.
07-0296/AR.
No.
07-0402/NA.
No.
07-0549/MC.
No.
07-0550/MC.
No.
07-0587/AR.
No.
07-0637/NA.
No.
07-0675/NA.
No.
07-0692/AR.
No.
07-0757/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-229
Wednesday,
September 5, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0368/AR.
No.
07-0653/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0836/AR.
No.
07-0837/MC.
INTERLOCUTORY ORDERS
No.
07-0753/AR.
No.
07-0759/AR.
No.
07-0760/AR.
No.
07-0769/AR.
No.
07-0772/AR.
No.
07-0786/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
07-228
Tuesday,
September 4, 2007
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0433/AR.
No.
07-0625/AF.
No.
07-0677/AF.
No.
07-0698/AR.
No.
07-0702/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0828/AR.
No.
07-0829/AR.
No.
07-0830/AR.
No.
07-0831/AR.
No.
07-0832/AR.
No.
07-0833/AR.
No.
07-0834/NA.
No.
07-0835/AR.
INTERLOCUTORY ORDERS
No.
07-0722/AR.
No.
07-0761/AR.