UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-203
Thursday,
July 31, 2008
INTERLOCUTORY ORDERS
No. 08-6006/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-202
Wednesday,
July 30, 2008
INTERLOCUTORY ORDERS
No.
08-0200/NA.
No.
08-0672/CG.
No.
08-6006/MC.
No.
08-8021/MC. In re Frank D. WUTERICH. CCA 220800183.
On further
consideration of the above-entitled cases, it is ordered that the
parties file
a joint appendix in accordance with the requirements of Rule 24(f),
Rules of
Practice and Procedure, on or before August 22, 2008.
MANDATES ISSUED
No.
07-0379/NA.
No.
07-0636/AR.
RULE CHANGE
On
consideration of a proposed change to the Rules of Practice and
Procedure,
United States Court of Appeals for the Armed Forces, which was
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 ordered that effective September 1, 2008, Rule 21(f) is
hereby
amended as provided in the attachment to this Order.
RULE
21.
SUPPLEMENT TO PETITION FOR GRANT OF REVIEW
Rule 21 (a)-(e)
unchanged.
(f) An appellant or counsel for an
appellant may move to withdraw his petition at any time.
See Rule 30.
(f) An
appellant or counsel for an appellant may move to withdraw his petition
at any
time by filing a motion pursuant to Rule 30.
Such a motion shall substantially comply with the requirements
of Rule
for Courts-Martial 1110, and be accompanied by a written request for
withdrawal
that includes the following:
(1)
A statement that
the
appellant and counsel for the appellant have discussed the appellant’s
right to
appellate review, the effect of withdrawal, and that the appellant
understands
these matters;
(2)
A statement that
the motion
to withdraw the petition is submitted voluntarily and cannot be
revoked; and
(3)
The signatures of
the
appellant and counsel for the appellant.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-201
Tuesday,
July 29, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0739/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-200
Monday,
July 28, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 08-0444/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0444/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
03-0390/AF.
No. 06-0299/AF.
No.
08-0726/AR.
No.
08-0727/AR.
No.
08-0728/AF.
No.
08-0729/AF.
No.
08-0730/AF.
No.
08-0731/AF.
No.
08-0732/AF.
No.
08-0733/AF.
No.
08-0734/AF.
No.
08-0735/AF.
No.
08-0736/AR.
No.
08-0737/MC.
No.
08-0738/NA.
INTERLOCUTORY ORDERS
No.
08-0664/AR.
No.
08-0669/AR.
____________________
* Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-199
Friday,
July 25, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0244/MC.
No.
08-0305/NA.
No.
08-0329/AR.
No.
08-0400/AR.
No.
08-0426/AF.
No.
08-0456/AR.
No.
08-0463/AR.
No.
08-0492/AR.
No.
08-0556/AR.
No.
08-0577/AR.
No.
08-0584/AR.
No.
08-0625/AF.
INTERLOCUTORY ORDERS
No.
08-0329/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-198
Thursday,
July 24, 2008
APPEALS - SUMMARY
DISPOSITIONS
No.
08-0225/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0219/AF.
No.
08-0378/NA.
No.
08-0379/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0725/AR.
INTERLOCUTORY ORDERS
No. 08-0375/AF.
No.
07-0848/AF.
No.
08-0465/MC.
No.
08-0549/CG.
No.
08-0591/AR.
No.
08-0608/AR.
No.
08-0615/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-197
Wednesday,
July 23, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0407/AF.
No.
08-0416/AR.
No.
08-0459/AF.
No.
08-0484/AR.
No.
08-0488/AF.
No.
08-0525/AR.
No.
08-0531/AR.
No.
08-0541/AR.
No.
08-0552/AR.
No.
08-0563/AF.
No. 08-0605/AR.
INTERLOCUTORY ORDERS
No.
08-6006/MC.
No.
08-8020/MC. CBS Broadcasting Inc.,
Petitioner v. United States Navy-Marine Corps Court of Criminal
Appeals, United
States, and Frank D. Wuterich, Staff Sergeant, E-6, U.S. Marine Corps,
Respondents. CCA 200800183.
No. 08-8021/MC.
In re Frank D. WUTERICH. CCA
220800183.
On consideration
of the
petition for grant of review of the decision of the United States
Navy-Marine
Corps Court of Criminal Appeals on appeal by the United States under
Article
62, UCMJ, 10 U.S.C. § 862 (2000), the supplement to said petition,
filed on
July 21, 2008, the petition for extraordinary relief in the nature of a
writ of
prohibition and/or mandamus, filed by CBS Broadcasting, Inc., on July
10, 2008,
and the petition for extraordinary relief in the nature of a writ of
mandamus
(In Re Frank D. Wuterich), filed on July 10, 2008, it is
ordered that the United States will file a consolidated answer to all
three of
the above-referenced petitions no later than August 22, 2008; that Appellant and Petitioners may file
replies within ten days of the filing of the answer of the United
States; and that
the three above-captioned actions be called for a consolidated hearing
on the
17th day of September, 2008, at 9:00 a.m.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-196
Tuesday,
July 22, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0724/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-195
Monday,
July 21, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0722/AR.
No.
08-0723/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-194
Friday,
July 18, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0537/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0720/AF.
No.
08-0721/MC.
INTERLOCUTORY ORDERS
No.
04-5005/NA.
No.
08-0644/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-193
Thursday,
July 17, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0719/CG.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-192
Wednesday,
July 16, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0716/AR.
No.
08-0717/AR.
No.
08-0718/AR.
INTERLOCUTORY ORDERS
No.
08-0589/AF.
No.
08-0597/AF.
No.
08-0637/AR.
MANDATES ISSUED
No.
07-0870/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-191
Tuesday,
July 15, 2008
APPEALS - SUMMARY
DISPOSITIONS
No.
08-0145/AR.
ORDERS GRANTING PETITION FOR REVIEW
No.
08-0145/AR.
No.
08-0448/NA.
WHETHER THE
COURT-MARTIAL
HAD JURISDICTION OVER THE OFFENSE OF DISTRIBUTING AN IMAGE OF CHILD
PORNOGRAPHY
WHERE APPELLANT POSTED THE IMAGE ON THE INTERNET PRIOR TO ENTERING
ACTIVE DUTY
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 08-0373/AR.
No. 08-0393/AR.
No. 08-0460/AR.
No. 08-0471/AR.
No. 08-0480/AR.
No. 08-0501/AR.
No. 08-0504/AR.
No. 08-0513/AR.
No. 08-0535/AR.
No. 08-0546/AR.
No. 08-0567/AF.
No. 08-0583/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0715/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
08-8022/AR. Timothy B. Hennis, Appellant
v. Colonel
Patrick J. Parrish, Military Judge, Lieutenant General Lloyd J. Austin
INTERLOCUTORY ORDERS
No. 08-0339/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-190
Monday,
July 14, 2008
PETITIONS FOR GRANT OF REVIEW DENIED
No. 08-0223/AR.
No. 08-0351/MC.
No. 08-0368/AR.
No. 08-0425/AR.
No. 08-0442/AF.
No. 08-0451/AF.
No. 08-0469/AR.
No. 08-0491/AF.
No. 08-0515/AF.
No. 08-0516/AF.
No. 08-0532/MC.
No. 08-0562/AF.
No. 08-0593/AR.
No. 08-0622/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0701/AR.
No. 08-0702/AR.
No. 08-0703/AR.
No. 08-0704/AR.
No. 08-0705/MC.
No. 08-0706/AF.
No. 08-0707/AF.
No. 08-0708/AF.
No. 08-0709/AF.
No. 08-0710/AF.
No. 08-0711/AF.
No. 08-0712/AR.
No. 08-0713/AR.
No. 08-0714/AR.
INTERLOCUTORY ORDERS
No. 08-0494/AF.
No. 08-0576/NA.
No. 08-0582/AR.
No. 08-5007/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-189
Friday,
July 11, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0700/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-188
Thursday,
July 10, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0698/AR.
No.
08-0699/AR.
MISCELLANEOUS DOCKET-FILINGS
No.
08-8020/MC. CBS Broadcasting Inc.,
Petitioner v. United States Navy-Marine Corps Court of Criminal
Appeals, United
States, and Frank D. Wuterich, Staff Sergeant, E-6, U.S. Marine Corps,
Respondents. CCA 200800183.
Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of prohibition and/or
mandamus was
filed under Rule 27(a) on this date.
No.
08-8021/MC. In re Frank WUTERICH. CCA 200800183. Notice
is hereby given that a petition for
extraordinary relief was filed under Rule 27(a) on this date.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-187
Wednesday,
July 9, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0695/AF.
No.
08-0696/AR.
No.
08-0697/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-186
Tuesday,
July 8, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0688/AR.
No.
08-0689/AR.
No.
08-0690/AR.
No.
08-0691/AR.
No.
08-0692/AR.
No.
08-0693/AR.
No. 08-0694/AR.
MANDATES ISSUED
No.
07-0722/AR.
No.
07-0725/MC.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-185
Monday,
July 7, 2008
ORDERS GRANTING
PETITION FOR REVIEW
No.
03-0629/AF.
WHETHER THE
MILITARY JUDGE
ERRED WHEN HE HELD APPELLANT'S WAIVER OF HIS ARTICLE 32 RIGHTS FOR HIS
20 SEPTEMBER
2001 COURT-MARTIAL APPLIED TO HIS 23 OCTOBER 2006 REHEARING.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 08-0358/AF.
No. 08-0384/MC.
No. 08-0418/AR.
No. 08-0433/NA.
No. 08-0458/AR.
No. 08-0472/AF.
No. 08-0476/AR.
No. 08-0499/AR.
No. 08-0506/AF.
No. 08-0514/AR.
No. 08-0528/AR.
No. 08-0551/AR.
No. 08-0557/AF.
No. 08-0631/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0686/AF.
No. 08-0687/AF.
INTERLOCUTORY ORDERS
No. 06-0591/AR.
No. 07-0519/AR.
No. 08-0604/AR.
No. 08-0613/AR.
No. 08-0614/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-184
Thursday,
July 3, 2008
APPEALS-SUMMARY
DISPOSITIONS
No. 08-0474/AR.
WHETHER APPELLANT
WAS
DEPRIVED OF EFFECTIVE ASSISTANCE OF COUNSEL WHERE HE DESIRED TO PRESENT
INFORMATION CONCERNING HIS MENTAL HEALTH DURING HIS UNSWORN STATEMENT
BUT HIS
TRIAL DEFENSE COUNSEL ALLEGEDLY REFUSED TO PERMIT HIM TO DO SO. SEE UNITED STATES v. DOBRAVA,
64 M.J. 503 (A. Ct. Crim. App. 2006).
The record of
trial is returned to the Judge
Advocate General of the Army for remand to that court to obtain an
affidavit
from trial defense counsel that responds to Appellant’s allegation of
ineffective
assistance of counsel. Under Article
66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(c)
(2000), the
Court of Criminal Appeals shall review the granted issue in light of
the
affidavit and any other relevant matters.
See
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0474/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0685/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-183
Wednesday,
July 2, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 08-0573/AR.
* It is directed
that the
promulgating order be corrected to reflect that the beginning date of
the
offense in the Specification of Charge
No. 08-6001/NA.
WHETHER THE
NAVY-MARINE CORPS COURT OF CRIMINAL
APPEALS ERRED IN HOLDING THAT THE NOVEMBER 2003 CONGRESSIONAL AMENDMENT
TO
ARTICLE 43(b) OF THE UCMJ APPLIES RETROACTIVELY TO OFFENSES COMMITTED
BEFORE
THE EFFECTIVE DATE OF THE AMENDMENT THAT WERE NOT TIME-BARRED AS OF
THAT DATE,
BUT THAT WERE TIME-BARRED UNDER THE PREVIOUS STATUTE OF LIMITATIONS
WHEN
RECEIVED BY THE OFFICER EXERCISING SUMMARY COURT-MARTIAL JURISDICTION;
and,
That the decision
of the
United States Navy-Marine Corps Court of Criminal Appeals is hereby
reversed. The Charge and Specifications
are dismissed. The record of trial is
returned to the Judge Advocate General of the Navy.
[See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0573/AR.
No. 08-6001/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0681/AR.
No.
08-0682/AR.
No.
08-0683/AR.
No.
08-0684/AR.
INTERLOCUTORY ORDERS
No.
08-0497/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-182
Tuesday,
July 1, 2008
CORRECTED DOCKETING NOTICE
AND
ORDER
No.
08-6006/MC.
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0334/MC.
WHETHER
THE
WHETHER
THE
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0371/AR.
No.
08-0568/AF.
No.
08-0617/AF.