UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-080
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0022/AF.
No.
08-0060/AR.
No.
08-0107/AR.
No.
08-0132/AF.
No.
08-0151/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-6002/AR.
MISCELLANEOUS DOCKET – FILINGS
No.
08-8007/AR.
INTERLOCUTORY
ORDERS
No.
08-0139/AF.
MANDATES ISSUED
No.
07-0105/NA.
No.
07-0173/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-079
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0574/AR.
No.
07-0832/AR.
No.
07-0833/AR.
No.
07-0847/MC.
No.
07-0895/AR.
No.
08-0030/AR.
No.
08-0070/AF.
No.
08-0093/MC.
No.
08-0100/MC.
No.
08-0147/AR.
No.
08-0157/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0318/AR.
No.
08-0319/AR.
INTERLOCUTORY ORDERS
No.
07-0725/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-078
Tuesday,
January 29, 2008
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0636/AR.
WHETHER
THE SECRETARY OF THE ARMY'S DECISION TO EXEMPT FROM COURT-MARTIAL
SERVICE
OFFICERS OF THE SPECIAL BRANCHES NAMED IN AR 27-10 CONTRADICTS ARTICLE
25(d)(2), UCMJ, WHICH REQUIRES A CONVENING AUTHORITY TO SELECT
COURT-MARTIAL
MEMBERS BASED UPON AGE, EDUCATION, TRAINING, EXPERIENCE, LENGTH OF
SERVICE, AND
JUDICIAL TEMPERAMENT.
Briefs
will be filed under Rule 25.
No. 07-0795/AF.
WHETHER
THE MILITARY JUDGE ERRED BY ADMITTING EVIDENCE AT TRIAL THAT WAS
OBTAINED AS A
DIRECT RESULT OF AN ILLEGAL SEARCH OF APPELLANT'S GOVERNMENT ISSUED
LAPTOP COMPUTER.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0354/AR.
No.
07-0550/NA.
No.
07-0879/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0314/AR.
No.
08-0315/NA.
No.
08-0316/NA.
No.
08-0317/NA.
INTERLOCUTORY ORDERS
No.
07-0639/MC.
No.
08-0223/AR.
No.
08-0225/AR.
No.
08-0226/AR.
No.
08-0228/AR.
No.
08-0230/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0303/AR.
No.
08-0304/AR.
No.
08-0305/NA.
No.
08-0306/AF.
No.
08-0307/AF.
No.
08-0308/AF.
No.
08-0309/AF.
No.
08-0310/AF.
No.
08-0311/AF.
No.
08-0312/AF.
No.
08-0313/AF.
INTERLOCUTORY ORDERS
No. 07-0870/AF.
No.
07-0870/AF.
That Appellant’s
Motion to Summarily Grant, Vacate,
and Remand, filed on September 18, 2007, denied;
That Appellant’s
Motion to Attach Documents in
Support of Appellant’s Motion to Summarily Grant, Vacate, and Remand,
filed on
September 18, 2007, denied;
That Appellant’s
Motion to Attach Documents in
Support of Appellant’s Opposition to Government’s Motion to Disqualify,
filed
on October 24, 2007, granted;
That Appellant’s
Motion to Attach Substituted
Document in Support of Appellant’s Opposition to Government’s Motion to
Disqualify, filed on October 26, 2007, granted;
That Appellant’s
Second Motion to Attach Substituted
Document in Support of Appellant’s Opposition to Government’s Motion to
Disqualify, filed on November 2, 2007, granted;
That Appellant’s
Motion to Attach Documents in
Support of Appellant’s Reply to the Government’s Answer to the
Supplement to
the Petition for Grant of Review, filed on November 20, 2007, is
granted as to
Tabs A and B, but is denied as to Tab C;
That Appellant’s
Motion to Attach Certificate of
Compliance to Appellant’s Reply to the Government’s Answer to the
Supplement to
the Petition for Grant of Review, filed on November 26, 2007, granted;
That considering
Appellant’s Motion to Strike
Certificate of Service in Government’s Opposition to Appellant’s Motion
to
Attach Certificate of Compliance to Appellant’s Reply to the
Government’s
Answer to the Supplement to the Petition for Grant of Review, filed on
December
5, 2007, and the Government’s Opposition to said motion, filed on
December 10,
2007, the Government’s Opposition will be treated as a motion to
correct the
certificate of service, and that motion is granted; the Appellant’s
Motion to
Strike is therefore denied as moot;
That Appellant’s
Motion to Attach Document in
Support of Appellant’s Motion to Strike Certificate of Service in
Government’s
Opposition to Appellant’s Motion to Attach Certificate of Compliance to
Appellant’s Reply to the Government’s Answer to the Supplement to the
Petition
for Grant of Review, also filed on December 5, 2007, denied;
That Appellant’s
Second Motion to Attach Document in
Support of Appellant’s Reply to the Government’s Answer to the
Supplement to
the Petition for Grant of Review, filed on December 10, 2007, denied;
That 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 Documents in Support of Appellant’s Motion to Raise Issue
Pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), both filed on
December 21,
2007, are granted.
No.
07-0811/NA.
No.
07-0889/AF.
ORDERS GRANTING PETITION FOR REVIEW
No.
07-0870/AF.
WHETHER
THE LOWER COURT ERRED BY DECIDING APPELLANT'S CASE IN THE ABSENCE OF A
SUBSTANTIVE SUBMISSION ON APPELLANT'S BEHALF DESPITE THIS COURT'S CASE
LAW HOLDING
THAT IT IS "ERROR" FOR A COURT OF CRIMINAL APPEALS TO DECIDE A
"CASE WITHOUT ASSISTANCE OF COUNSEL" FOR AN APPELLANT.
WHETHER
THE LOWER COURT ERRED BY HOLDING: (1) THAT IT WAS NOT OBJECTIVELY
UNREASONABLE
FOR THE APPELLATE DEFENSE COUNSEL TO FAIL
TO FILE A BRIEF ON APPELLANT'S BEHALF DURING THE 182 DAYS BETWEEN THE
EXPIRATION OF APPELLANT'S BRIEFING DEADLINE AND THE LOWER COURT'S
DECISION IN
APPELLANT'S CASE; AND (2) THAT APPELLANT DEMONSTRATED NO PREJUDICE,
DESPITE
THIS COURT'S CASE LAW HOLDING THAT WHERE APPELLATE COUNSEL "DO
NOTHING" ON AN APPELLANT'S BEHALF, THE "APPELLANT HAS BEEN EFFECTIVELY
DEPRIVED OF COUNSEL, AND PREJUDICE IS PRESUMED."
Briefs
will be filed under Rule 25.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-076
Friday,
January 25, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0567/MC.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0567/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0124/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0301/AR.
No.
08-0302/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-075
Thursday,
January 24, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0171/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0299/AR.
No.
08-0300/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-074
Wednesday,
January 23, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0720/AR.
No. 07-0812/AR.
ORDERS GRANTING PETITION FOR REVIEW
No.
07-0720/AR.
No.
07-0812/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0670/AR.
No.
07-0843/MC.
No.
08-0013/AR.
No.
08-0038/AR.
No.
08-0042/AR.
No.
08-0052/AR.
No.
08-0061/AR.
No.
08-0068/AF.
No.
08-0069/AF.
No.
08-0086/AR.
No.
08-0113/AF.
No.
08-0129/AR.
INTERLOCUTORY ORDERS
No.
05-0528/MC.
No.
07-0503/MC.
No.
08-5002/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-073
Tuesday,
January 22, 2008
PETITION FOR
RECONSIDERATION DENIED
No. 07-0346/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0289/AR.
No. 08-0290/AR.
No. 08-0291/AR.
No. 08-0292/AR.
No. 08-0293/AR.
No. 08-0294/AR.
No. 08-0295/AR.
No. 08-0296/AR.
No. 08-0297/NA.
No. 08-0298/NA.
INTERLOCUTORY ORDERS
No. 07-0020/AR.
No. 07-0382/MC.
No. 08-0046/AR.
No. 08-0141/AF.
No. 08-0145/AR.
No. 08-0160/AR.
No. 08-0168/NA.
No. 08-0178/AR.
No. 08-0179/AR.
No. 08-0212/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-072
Friday,
January 18, 2008
ORDERS GRANTING
PETITION FOR REVIEW
No. 08-0029/AR.
WHETHER THE
MILITARY JUDGE ERRED WHEN HE FAILED TO GIVE THE
REQUESTED MISTAKE OF FACT AS TO AGE INSTRUCTION FOR THE OFFENSE OF
SODOMY WITH
A CHILD UNDER THE AGE OF SIXTEEN.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0726/AR.
No.
07-0745/AF.
No.
08-0053/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0281/AR.
No.
08-0282/NA.
No.
08-0283/MC.
No.
08-0284/AF.
No.
08-0285/AF.
No.
08-0286/AF.
No.
08-0287/AR.
No.
08-0288/AR.
INTERLOCUTORY ORDERS
No.
07-0787/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-071
Thursday,
January 17, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0584/AR.
No.
08-0056/MC.
No.
08-0063/AF.
No.
08-0106/AR.
No.
08-0138/AF.
No.
08-0166/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0280/NA.
INTERLOCUTORY ORDERS
No.
08-0103/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-070
Wednesday,
January 16, 2008
HEARINGS
No.
07-0575/MC.
No.
06-0908/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0276/AR.
No.
08-0277/AR.
No.
08-0278/AR.
No.
08-0279/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-069
HEARINGS
No. 07-0690/AF.
No. 07-0685/AF.
APPEALS - SUMMARY DISPOSITIONS
No. 07-0875/AF.
Accordingly, in
light of this error, it is ordered that said petition is hereby
granted, and the decision of the United States Air Force Court of
Criminal
Appeals is affirmed, except for the figure, “$1,072.00,” in
Specification 6 of
Charge I, substituting the figure, “$963.94.”
The finding of guilty as to the excepted figure is set aside and
dismissed. [See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
No. 08-0024/AR.
The decision of
the United
States Army Court of Criminal Appeals is reversed as to Specification 2
of
Charge I and as to the sentence, but is affirmed in all other respects. The record of trial is returned to the Judge
Advocate General of the Army for remand to the Court of Criminal
Appeals. That court may either dismiss
Specification 2
of Charge I and reassess the sentence based on the affirmed guilty
findings or
order a rehearing. [See also ORDERS GRANTING PETITION FOR REVIEW this
date.]
No. 08-0078/MC.
WHETHER THE
NAVY-MARINE CORPS COURT OF CRIMINAL
APPEALS ERRED BY AFFIRMING THE FINDINGS AND SENTENCE AS APPROVED BY THE
CONVENING AUTHORITY, WHEN THE MILITARY JUDGE DID NOT ENTER A FINDING
FOR
SPECIFICATION 1 OF CHARGE II.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0875/AF.
No. 08-0024/AR.
No. 08-0078/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0592/AF.
No. 07-0692/AR.
No. 07-0810/AR.
No. 08-0011/AR.
No. 08-0054/AR.
No. 08-0076/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0274/AR.
No. 08-0275/MC.
INTERLOCUTORY ORDERS
No. 08-0168/NA.
No.
08-0197/AR.
No.
08-0200/NA.
No.
08-0202/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-068
HEARINGS
No.
07-0322/CG.
No.
07-0508/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0264/AR.
No.
08-0265/AR.
No.
08-0266/AR.
No.
08-0267/AR.
No.
08-0268/AF.
No.
08-0269/AF.
No.
08-0270/AF.
No.
08-0271/AF.
No.
08-0272/AF.
No.
08-0273/AF.
No.
08-8006/NA. Roger A. HOUSE, Appellant v.
The Judge Advocate General of the Navy and
INTERLOCUTORY ORDERS
No.
08-0194/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-067
Thursday,
January 10, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0712/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0262/AR.
No.
08-0263/AR.
INTERLOCUTORY ORDERS
No.
03-0688/NA.
No.
08-0176/AR.
No.
08-0177/AR.
No.
08-0190/NA.
No.
08-0213/NA.
MANDATES ISSUED
No.
06-0768/NA.
No.
07-0085/MC.
RULES CHANGES
Upon
careful consideration of certain proposed changes to the Rules of
Practice and
Procedure, United States Court of Appeals for the Armed Forces, which
were
presented to and reviewed by the Rules Advisory Committee of the United
States
Court of Appeals for the Armed Forces and thereafter published in the
Federal Register
for comment, it is, by the Court this 10th day of January,
2008
ORDERED:
That
effective March 1, 2008, Rules 27(b), 30(e) and 36A are hereby amended
as
provided in the attachment to this order.
For
the Court,
/s/ William A. DeCicco
Clerk of the
Court
EXTRAORDINARY
RELIEF
RULE 27. PETITION FOR EXTRAORDINARY RELIEF,
WRIT-APPEAL
PETITION,
ANSWER, AND REPLY
(a)
Unchanged.
(b)
Writ-appeal petition, answer, and reply.
A writ-appeal petition for review of a decision by a Court of
Criminal
Appeals acting on a petition for extraordinary relief shall be filed by
an
appellant, together with any available record, including the items
specified by
subsection (a)(2)(C), within the time prescribed by Rule 19(e), shall conform in length to Rule 24(b),
shall be accompanied by proof of service on the appellee in accordance
with
Rule 32, and shall contain the information required by subsection
(a)(2)(B).
MOTIONS
RULE 30. MOTIONS
(a)-(d)
Unchanged.
(e)
Once a notice of hearing has been given to counsel for the parties,
motions may
not be filed within 5 working business
days prior to the date on which such hearing is scheduled, except by
leave of
the Court and for good cause shown.
RULE 36A. CITATIONS TO SUPPLEMENTAL AUTHORITIES
If pertinent and significant authorities
come to a party’s attention after such party has filed a pleading
allowed under
these Rules, or after oral argument but before a final decision, the
party may
promptly advise the Clerk by letter, with a copy to all parties,
setting forth
the citations. The letter must state why the supplemental citations are
pertinent and significant, without argument, the reasons for
each
supplemental citation, referring either to the page of the
earlier
filed pleading or to a point argued orally. to
which the citation is pertinent.
The body of the letter must not
exceed 350 words, and copies of the supplemental authorities referenced
in the
letter shall be attached to the original and each copy of the letter. Any response by other parties must be made
promptly and must be similarly limited. See
Rule 37(b)(2).
If
the letter or the response is to be submitted less than 5 business days
prior
to oral argument, submission and service shall be by overnight mail
delivery or
by more expeditious means to allow the Court and all parties adequate
time to
consider the authorities cited before oral argument.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-066
HEARINGS
No.
07-0612/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0732/AF.
No.
07-0819/AR.
No.
07-0884/AR.
No.
07-0898/NA.
No.
08-0075/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0013/AR.
No.
08-0257/AR.
No.
08-0258/AR.
No.
08-0259/AR.
No.
08-0260/AF.
No.
08-0261/AR.
____________________
* Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-065
HEARINGS
No.
07-0350/CG.
No.
07-0384/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0254/NA.
No.
08-0255/AR.
No.
08-0256/AR.
INTERLOCUTORY ORDERS
No.
08-0173/AR.
No.
08-0189/MC.
No.
08-0191/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-064
Monday,
January 7, 2008
HEARINGS
No.
07-0247/AF.
No.
07-5004/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0248/AR.
No.
08-0249/AR.
No.
08-0250/AR.
No.
08-0251/AF.
No.
08-0252/AF.
No.
08-0253/NA.
INTERLOCUTORY ORDERS
No.
07-5004/AF.
No.
08-0045/NA.
No.
08-0169/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-063
Thursday,
January 3, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0613/MC.
No. 07-0788/AR.
____________________
* It is directed
that the
promulgating order be corrected to reflect that Charge II,
Specification 1 (as
amended – Record of Trial at 20-22) states the offense of willful
dereliction
of duty instead of the offense of failing to obey a lawful order.
No. 08-0122/MC.
_____________________
**
It is directed that the promulgating order be corrected to add the
words “the
sentence” before the words “is approved” in the Convening Authority’s
action.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0613/MC.
No. 07-0788/AR.
No. 08-0122/MC.
INTERLOCUTORY ORDERS
No.
08-0149/AR.
No.
08-0168/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-062
Wednesday,
January 2, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
07-0716/MC.
No.
07-0763/MC.
No.
07-0797/AR.
No.
07-0893/AF.
No.
08-0001/AF.
No.
08-0018/AR.
No.
08-0027/AR.
No.
08-0032/AF.
No.
08-0044/MC.
No.
08-0050/AR.
No.
08-0064/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0241/AR.
No.
08-0242/AR.
No.
08-0243/AR.
No.
08-0244/MC.
No.
08-0245/MC.
No.
08-0246/NA.
No.
08-0247/NA.
MANDATES ISSUED
No.
07-0286/AR.