UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-119
Monday,
March 31, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0174/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0444/AR.
No.
08-0445/AR.
No.
08-0446/AR.
No.
08-0447/AR.
No.
08-0448/NA.
No.
08-0449/NA.
No.
08-0450/AF.
No.
08-0451/AF.
No.
08-0452/AF.
No.
08-0453/AF.
No.
08-0454/AF.
No.
08-0455/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-118
Friday,
March 28, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0439/MC.
No.
08-0440/MC.
No.
08-0441/AF.
No.
08-0442/AF.
No.
08-0443/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-117
Thursday,
March 27, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0126/AR.
No.
08-0127/AR.
No.
08-0135/AF.
No.
08-0181/AR.
No.
08-0193/AR.
No.
08-0198/AF.
No.
08-0216/NA.
No.
08-0224/AR.
No.
08-0235/AF.
No.
08-0243/AR.
No.
08-0252/AF.
No.
08-0257/AR.
No.
08-0304/AR.
No.
08-0309/AF.
No.
08-0324/AR.
No.
08-0350/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0437/AR.
No.
08-0438/AR.
INTERLOCUTORY ORDERS
No.
07-0379/NA.
No.
07-0765/NA.
No.
08-0029/AR.
No.
08-0363/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-116
Wednesday,
March 26, 2008
ORDERS GRANTING
PETITION FOR REVIEW
No. 08-0186/AF.
No. 08-0272/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0800/NA.
No.
08-0014/AR.
No.
08-0015/AR.
No.
08-0016/AR.
No.
08-0074/AF.
No.
08-0104/NA.
No.
08-0119/AF.
No.
08-0143/NA.
No.
08-0161/AR.
No.
08-0187/AF.
No.
08-0197/AR.
No.
08-0202/AR.
No.
08-0214/NA.
No.
08-0279/AR.
No.
08-0284/AF.
MANDATES ISSUED
No.
07-5003/AF.
* It is directed that the convening authority’s action and the promulgating order be corrected by deleting the words, “and allowances.”
**
It is
directed
that the
promulgating order be corrected to reflect that the sentence was
adjudged on
August 31, 2007.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-115
Tuesday,
March 25, 2008
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0158/AR.
WHETHER
APPELLANT'S PLEAS OF GUILTY TO THE THREE SPECIFICATIONS OF CHARGE II,
HOUSEBREAKING, ARE IMPROVIDENT WHERE THE INTENDED CRIMINAL OFFENSE UPON
ENTRY,
CONDUCT UNBECOMING AN OFFICER AND GENTLEMAN, IS A PURELY MILITARY
OFFENSE.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0852/NA.
No.
08-0005/AR.
No.
08-0046/AR.
No.
08-0136/AF.
No.
08-0146/AR.
No.
08-0163/AR.
No.
08-0179/AR.
No.
08-0183/AF.
No.
08-0189/MC.
No.
08-0209/AF.
No.
08-0217/MC.
No.
08-0229/AR.
No.
08-0242/AR.
No.
08-0250/AR.
No.
08-0311/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0429/AR.
No.
08-0430/AR.
No.
08-0431/AR.
No.
08-0432/AR.
No.
08-0433/NA.
No.
08-0434/AR.
No.
08-0435/AR.
No.
08-0436/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-114
Monday,
March 24, 2008
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0420/AR.
No.
08-0421/AR.
No.
08-0422/AR.
No.
08-0423/AR.
No.
08-0424/AR.
No.
08-0425/AR.
No.
08-0426/AF.
No.
08-0427/AF.
No.
08-0428/AF.
INTERLOCUTORY ORDERS
No.
08-8013/NA.
In Re Ali (a.k.a. Anwar Hassan), Thabid (a.k.a. Dawut
Abdurehim), Adel
Noori, Abdulghappar Abdulrahman, Ahmad Tourson, and Abdul Razakah,
Presumptive
Prisoners of War, Guantanamo Bay Detainees, Petitioners v. United
States,
Respondent. Respondent's motion to extend time to comply with the
Court’s order
granted, up to and including
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-113
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0419/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-112
Thursday, March 20,
2008
APPEALS – SUMMARY DISPOSITIONS
No.
06-0793/AF.
No.
07-0696/MC.
WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ABUSED ITS DISCRETION BY REASSESSING
APPELLANT’S SENTENCE IN A MANNER THAT DID NOT AFFORD APPELLANT ANY RELIEF.
The decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed as to findings, but reversed as to sentence. The record of trial is returned to the Judge Advocate General of the Navy for remand to the Court of Criminal Appeals. The Court of Criminal Appeals may reassess the sentence based on the affirmed findings of guilty after considering the dramatic change in the sentencing landscape or order a rehearing on sentence. Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2000) shall apply.
No.
07-0809/MC.
IF THIS
COURT DETERMINES THAT THE
OF CLAUSE 3 OF ARTICLE 134, WHETHER SUCH FINDINGS ARE IN CONFLICT WITH THE COURT’S HOLDING IN
UNITED STATES v. MARTINELLI, 62 M.J. 52 (C.A.A.F. 2005), AND MUST BE SET ASIDE.
The decision of the United States Navy-Marine Corps Court of Criminal Appeals is reversed as to the words and figures “each such reception and possession constituting a separate violation of 18 United States [C]ode §2252A” in Specification 1 of Charge II, and as to the words and figures “each such possession constituting a separate violation of 18 United States Code §2252A” in Specification 2 of Charge II, but is affirmed in all other respects. The finding of guilty as to those words and figures is set aside and those portions of the specifications are dismissed.
PETITIONS FOR GRANT OF REVIEW
DENIED
No. 07-0801/MC.
No. 07-0868/MC.
No. 08-0009/NA.
No. 08-0137/AF.
No. 08-0206/AF.
PETITIONS FOR GRANT OF REVIEW
FILED
No. 08-0416/AR.
No. 08-0417/AR.
No. 08-0418/AR.
MISCELLANEOUS DOCKET – SUMMARY
DISPOSITIONS
Misc. No. 08-8002/AR. Alberto B. MARTINEZ v.
INTERLOCUTORY ORDERS
No. 05-0528/MC.
No. 05-0647/NA.
No. 08-0219/AF.
No. 08-0292/AR.
No. 08-0348/MC.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-111
Wednesday, March 19,
2008
APPEALS – SUMMARY DISPOSITIONS
No.
06-0906/AF.
No.
06-0932/NA.
No.
07-0053/NA.
No.
07-0615/NA.
No.
08-0029/AR.
PETITIONS FOR GRANT OF REVIEW
FILED
No. 08-0415/AR.
INTERLOCUTORY ORDERS
No. 07-0852/NA.
No. 08-0244/MC.
No. 08-0351/MC.
No. 08-0352/MC.
No. 08-0353/NA.
No. 08-6002/AR.
No. 08-6003/AF.
MISCELLANEOUS DOCKET – SUMMARY
DISPOSITIONS
Misc. No. 08-8007/AR. Matthew
R. LIS, Appellant v.
Appellee has moved to file out of time a motion in opposition to the motion for a stay of proceedings, and an opposition to the writ-appeal petition. In response, Appellant has filed an opposition to the motion to file out of time and a reply to the Appellee’s opposition.
A charge was preferred against the Appellant on August 24, 2007, alleging desertion with intent to shirk important service from on or about October 30, 2006, until he was apprehended on or about July 5, 2007, in violation of Article 85, Uniform Code of Military Justice (UCMJ); 10 U.S.C. § 885 (2000). The Appellant is not presently confined, but the Army has exercised jurisdiction over him since his return to military control in July, 2007.
The Appellant claims that he is not a member of the armed forces and is therefore not subject to the jurisdiction of a court-martial. Article 2, UCMJ; 10 U.S.C. § 802 (2000). However, it appears that there are significant disputed questions of fact with respect to the Appellant’s military status. On this record, the Appellant has not met the significant burden to obtain extraordinary relief from this Court during the normal processes of trial and appeal. The necessary processes exist in the Article 32, UCMJ, investigation and the trial, if charges are referred to trial by court-martial, for the resolution of these factual disputes. The ordinary processes of justice should be allowed to take their course.
Accordingly, the Appellant’s motion to supplement the joint appendix is granted; the Appellee’s motion to file out of time is granted; the Appellant’s motion for a stay of proceedings is denied; and the Appellant’s writ-appeal petition is denied without prejudice to raising the issue of jurisdiction during the normal course of appeal should he be convicted of the charge.
MANDATES ISSUED
No. 06-0870/AR.
No. 07-0384/MC.
No. 07-0397/AF.
No. 07-0407/AR.
No. 07-6005/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-110
Tuesday, March 18, 2008
HEARINGS
No. 07-0379/NA.
APPEALS – SUMMARY DISPOSITIONS
No.
07-0519/AR.
PETITIONS FOR GRANT OF REVIEW
FILED
No. 08-0410/AR.
No. 08-0411/AR.
No. 08-0412/AR.
No. 08-0413/AR.
No. 08-0414/AR.
INTERLOCUTORY ORDERS
No. 08-0148/AF.
No. 08-0218/AF.
____________________
* Oral argument held at the Columbus School of Law, Catholic University of America, Washington, D.C.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-109
Monday,
March 17, 2008
HEARINGS
No. 08-5004/AR.
No. 07-0722/AR.
APPEALS – SUMMARY DISPOSITIONS
No.
07-0738/AF.
No.
08-0031/AF.
PETITIONS FOR GRANT OF REVIEW
FILED
No. 08-0404/AR.
No. 08-0405/AR.
No. 08-0406/AF.
No. 08-0407/AF.
No. 08-0408/AF.
No. 08-0409/NA.
INTERLOCUTORY ORDERS
No. 07-0828/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-108
Friday, March
14, 2008
PETITIONS FOR GRANT OF REVIEW
FILED
No. 08-0401/AR.
No. 08-0402/AR.
No. 08-0403/AR.
INTERLOCUTORY ORDERS
No. 07-0722/AR.
MANDATES ISSUED
No. 07-0436/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-107
Thursday,
March 13, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0894/MC.
No. 08-0278/AR.
*
It is noted that Appellant’s service record, charge sheet, stipulation,
and
United States Army Court of Criminal Appeals opinion all refer to him
as
Domique.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0826/AR.
WHETHER,
PURSUANT TO 18 U.S.C. §
3585, APPELLANT IS ENTITLED TO CREDIT TOWARD THE CONFINEMENT ADJUDGED
BY A
COURT-MARTIAL FOR CONFINEMENT AT STATE FACILITIES SERVED FOR CHARGES
UNRELATED
TO HIS COURT-MARTIAL SENTENCE AND NOT CREDITED AGAINST ANOTHER SENTENCE.
and
the following issue specified by the Court:
WHETHER,
UNDER UNITED STATES v. WILSON, 503
No. 07-0856/AR.
WHETHER,
UNDER 18 U.S.C. §
3585, APPELLANT IS ENTITLED TO CONFINEMENT CREDIT FOR A PERIOD OF
INCARCERATION
THAT HE SERVED IN A STATE FACILITY FOR A STATE OFFENSE UNRELATED TO THE
COURT-MARTIAL.
No. 07-0894/MC.
No. 08-0278/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0211/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0399/AR.
No.
08-0400/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 08-8013/NA. In
Re Ali (a.k.a. Anwar Hassan), Thabid
(a.k.a. Dawut Abdurehim), Adel Noori, Abdulghappar Abdulrahman, Ahmad
Tourson,
and Abdul Razakah, Presumptive Prisoners of War, Guantanamo Bay
Detainees,
Petitioners v. United States, Respondent.
Notice is hereby given that a petition for extraordinary relief
in the
nature of a writ of prohibition and writ of mandamus was filed under
Rule 27(a)
on February 27, 2008, and placed on the docket this date.
On consideration thereof, it is ordered that
the
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-106
Wednesday,
March 12, 2008
HEARINGS
No.
08-5003/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0395/AR.
No.
08-0396/AR.
No.
08-0397/AF.
No.
08-0398/AR.
INTERLOCUTORY ORDERS
No.
07-0401/NA.
No.
08-0335/NA.
No.
08-5004/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-105
Tuesday,
March 11, 2008
HEARINGS
No.
07-0701/CG.
No.
07-0725/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0837/MC.
No.
08-0055/MC.
No.
08-0133/AF.
No.
08-0185/AF.
No.
08-0228/AR.
No.
08-0232/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0393/AR.
No.
08-0394/NA.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 07-8012/NA.
Jacob Denedo, Appellant v.
INTERLOCUTORY ORDERS
No.
08-0211/AR.
No.
08-0291/AR.
No.
08-0296/AR.
No.
08-0329/AR.
No.
08-0332/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-104
Monday,
March 10, 2008
HEARINGS
No.
07-0503/MC.
No.
07-0482/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
03-0629/AF.
No.
08-0385/AR.
No.
08-0386/AR.
No.
08-0387/AR.
No.
08-0388/AR.
No.
08-0389/AF.
No.
08-0390/NA.
No.
08-0391/AR.
No.
08-0392/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 08-8011/AR.
William J. Kreutzer, Jr., Appellant v.
Misc.
No. 08-8012/AR.
William J. Kreutzer, Jr., Appellant v.
MANDATES ISSUED
No.
06-0934/NA.
No.
07-0096/AR.
No.
07-0350/CG.
* Second
petition filed in this case.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-103
Friday,
March 7, 2008
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0845/AF.
No. 07-0877/AF.
No. 07-0882/AR.
No. 08-0034/AF.
No. 08-0035/AF.
No. 08-0051/AR.
No. 08-0123/NA.
No. 08-0131/AF.
No. 08-0140/AF.
No. 08-0178/AR.
No. 08-0234/AF.
No. 08-0240/AF.
No. 08-0275/MC.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No. 08-0159/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0382/AR.
No. 08-0383/AF.
No. 08-0384/MC.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
08-8010/AF.
Jose A. COSSIO, Jr., Appellant v. United
States and Air Force Court of Criminal Appeals, Appellees.
CCA 36206. Notice
is hereby given that a writ-appeal
petition in the nature of a writ of error coram vobis was filed under
Rule
27(b) on March 5, 2008, and placed on the docket this date.
PETITIONS FOR RECONSIDERATION DENIED
No. 07-0535/AR.
INTERLOCUTORY ORDERS
No. 07-0503/MC.
No. 08-0261/AR.
No. 08-0320/AR.
No. 08-0321/AR.
No. 08-0334/MC.
No. 08-6002/AR.
No. 08-8008/NA.
Kamil Abdirahman, Petitioner v.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-102
Wednesday,
March 5, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0381/AR.
MANDATES ISSUED
No.
07-0114/AR.
No.
07-0194/AF.
No.
07-0597/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-101
Tuesday,
March 4, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0379/AR.
No.
08-0380/AR.
INTERLOCUTORY ORDERS
No.
07-0811/NA.
No.
08-0051/AR.
No.
08-0096/AR.
No.
08-0145/AR.
No.
08-5005/AF.
UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-100
Monday,
March 3, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0370/AR.
No.
08-0371/AR.
No.
08-0372/AR.
No.
08-0373/AR.
No.
08-0374/AF.
No.
08-0375/AF.
No.
08-0376/MC.
No.
08-0377/NA.
No.
08-0378/NA.
INTERLOCUTORY ORDERS
No.
07-5003/AF.