DAILY
JOURNAL
No.
09-042
Thursday,
October 30, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 06-0299/AF. U.S. v. Andrew
J. VALLEJO. CCA 35842.
On
consideration of the petition for grant of review
of the decision of the United States Air Force
Court of Criminal Appeals, said petition is hereby
granted, and the decision of the United States Air Force Court of
Criminal
Appeals is affirmed.[See also ORDERS GRANTING PETITION FOR REVIEW this
date.]
No. 08-0750/AR. U.S. v. Ricardo
T. CARTER, II. CCA 20061115.
On
consideration of the petition for grant of review
of the decision of the United States Army Court of Criminal Appeals,
said
petition is hereby granted, and the
decision of the United States Army Court of Criminal Appeals is
affirmed.*
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0299/AF. U.S. v. Andrew
J. VALLEJO. CCA 35842.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.
No. 08-0750/AR. U.S. v. Ricardo
T. CARTER, II. CCA 20061115.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0143/AR. U.S. v. Keith S. CAMPBELL. CCA 20060426.
No.
09-0144/AR. U.S. v. Derrick L.
VALENTINE. CCA 20070854.
No.
09-0145/AR. U.S. v. Christine N.
THOMPSON. CCA 20060901.
INTERLOCUTORY ORDERS
No.
09-0056/AR. U.S. v. Darrell S. WELCH. CCA 20060516. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
November 13, 2008.
No.
09-0064/AR. U.S. v. Robert D. JOHNSON,
Jr. CCA 20061297. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
November 13, 2008.
_____________________
* It is directed
that the
promulgating order be changed to reflect that Charge I was a violation
of
Article 85, not Article 86. [See also ORDERS GRANTING PETITION FOR
REVIEW this
date.]
DAILY
JOURNAL
No.
09-041
Wednesday,
October 29, 2008
HEARINGS
No.
06-8006/AR. Dwight LOVING v. U.S. CCA 19891123.
No.
08-0392/AR. U.S. v. Demetrius R. CRUDUP. CCA 20050112.
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0589/AF. U.S. v. Marcus
W. STEPHENS. CCA 36682.
Review granted on the following issue:
WHETHER
THE MILITARY JUDGE ERRED BY ALLOWING THE FATHER OF THE ALLEGED VICTIM
TO
TESTIFY AS EVIDENCE IN AGGRAVATION, OVER DEFENSE OBJECTION, AS TO THE
IMPACT ON
THE ALLEGED VICTIM OF THE INVESTIGATION AND COURT-MARTIAL.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0744/AR. U.S. v. Tyron M. GLASCO. CCA 20071265.
No.
08-0748/AR. U.S. v. Jefferey W. BELL. CCA 20061353.
No.
08-0788/AR. U.S. v. Cesar R. JOAQUIN. CCA 20071299.
No.
08-0792/MC. U.S. v. Fred A. MCNEIL. CCA 200800145.
No.
08-0797/MC. U.S. v. Duane MULLER. CCA 200800325.
No.
09-0008/AF. U.S. v. Michael R. MOFFATT,
Jr. CCA S31474.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0136/AR. U.S. v. Aaron A. POTTS. CCA 20080294.
No.
09-0137/AR. U.S. v. Jonathan M. POLK. CCA 20061001.
No.
09-0138/AR. U.S. v. Aaron S. HURST. CCA 20080008.
No.
09-0139/AF. U.S. v. Nicholas J.
COFFIELD. CCA S31402.
No.
09-0140/AF. U.S. v. Lauren A. MOHR. CCA 36947.
No.
09-0141/AF. U.S. v. Pacer A. WEST. CCA 36903.
No.
09-0142/AR. U.S. v. Daniel W. BREWER. CCA 20040625.
DAILY
JOURNAL
No.
09-040
Tuesday,
October 28, 2008
HEARINGS
No.
08-5006/CG. U.S. v. Julian R. YANGER. CCA 1271.
No.
08-0200/NA. U.S. v. Michael C. DIPAOLA. CCA 200602442.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0676/AF. U.S. v. Joseph A. HELMAN. CCA 37108.
No.
08-0677/AF. U.S. v. John P. SCARBOROUGH. CCA 36640.
No.
08-0685/AR. U.S. v. Ronald J. GUILETTE
II. CCA 20051539.
No. 08-0705/MC. U.S. v. Ismael G. SANTOS. CCA 200700904.
No.
08-0706/AF. U.S. v. Oscar M. J.
COVELUSKY. CCA S31137.
No.
08-0725/AR. U.S. v. Jose A.
PADILLA-PORTILLO. CCA 20060590.
No.
08-0760/AR. U.S. v. Joseph R. SCHULTZ. CCA 20071156.
No.
08-0767/AR. U.S. v. Daniel E. HUTCHINS. CCA 20080306.
No.
08-0777/AR. U.S. v. Christopher A.
HOFFMAN. CCA 20071164.
No.
08-0795/AR. U.S. v. Fernando RODRIGUEZ. CCA 20071416.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0134/AR. U.S. v. Christopher M.
BERRY. CCA 20080053.
No.
09-0135/AR. U.S. v. Jaime L. BELLIS. CCA 20070159.
INTERLOCUTORY ORDERS
No. 03-0629/AF.
U.S. v. David
J. VON BERGEN. CCA 34817.
Upon further consideration of the granted issue, 67 M.J. 4
(C.A.A.F.
2008), the briefs of the parties, and in light of United States v.
Medina,
66 M.J. 21 (C.A.A.F. 2008), the Court has determined that supplemental
briefing
prior to oral argument would be of assistance in resolving the granted
issue. Accordingly, it is ordered that the
Appellant and the United
States
shall, on or before November 7, 2008, each file a supplemental brief
addressing
the impact of United States v. Medina, if any, upon the granted
issue.
No.
08-0750/AR. U.S. v. Ricardo T. CARTER,
II. CCA 20061115. Appellee's
motion to dismiss Appellant's
petition for lack of jurisdiction is denied.
No.
08-0810/AF. U.S. v. Eric L. BARBER. CCA 36605. Appellant's
second motion to extend time to file the
supplement to the
petition for grant of review granted, but
only up to and including November 14, 2008, and
absent extraordinary circumstances, no further extension of time
will be granted in this case.
No.
09-0022/AF. U.S. v. Duane L. JONES. CCA S31164. Appellant's
motion to submit corrected page
granted.
No.
09-0048/NA. U.S. v. Bryan K. LEDBETTER. CCA 200500009. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
November 12, 2008.
No.
09-0049/AR. U.S. v. Jacob B. KILGORE. CCA 20070941. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
November 12, 2008.
DAILY
JOURNAL
No.
09-039
Monday,
October 27, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
06-0852/AR. U.S. v. Willon B. BROWN. CCA 20000971.*
No.
09-0129/AR. U.S. v. Cory J. HARVARD. CCA 20080193.
No.
09-0130/AF. U.S. v. Jeremy L. KIMBLE. CCA 37015.
No.
09-0131/AF. U.S. v. Rhonda C. MCDANIEL. CCA 36906.
No.
09-0132/AF. U.S. v. Herbert S. LEE. CCA S31418.
No.
09-0133/MC. U.S. v. Raheem G. GREEN. CCA 200800005.
____________________
* Second
petition filed in this case.
DAILY
JOURNAL
No.
09-038
Friday,
October 24, 2008
APPEALS-SUMMARY
DISPOSITIONS
No. 7-0856/AR. U.S. v. Dustin
A. OWENS. CCA 20070264.
On consideration of the briefs of the parties
on the granted issue (66 M.J. 288 (C.A.A.F. 2008)), it appears that the
parties
now agree that Appellant is entitled to confinement credit for his
periods of
civilian confinement from May 13 to June 21, 2006, and from September 8
to
November 9, 2006. The Court adopts the
position of the parties. Accordingly, it
is ordered that the decision of the United States Army Court of
Criminal
Appeals is set aside, and the record is returned to the Judge Advocate
of the
Army for remand to the United States Army Court of Criminal Appeals to
provide
meaningful relief.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0122/AF. U.S. v. Christopher D.
COKLEY. CCA S31430.
No.
09-0123/AF. U.S. v. Dustin P. COLEMAN. CCA S31315.
No.
09-0124/AF. U.S. v. Ronald J. MOORE Jr. CCA S31280.
No. 09-0125/AF. U.S. v. Patrick M. YOUNG. CCA 36971.
No.
09-0126/AF. U.S. v. Christopher R. NEAL. CCA S31376.
No.
09-0127/AF. U.S. v. Matthew R.
HENDERSON. CCA S31372.
No.
09-0128/AR. U.S. v. Anthony R. LUCERO. CCA 20080325.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
09-8003/AR. James T. MURPHY, Petitioner
v. Lieutenant Colonel Gregory E. Maggs,
Colonel Leland A. Gallup, and Colonel Peter C. Zolper, and the United States
Army, Respondents. CCA 8702873. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of mandamus was filed
under Rule
27(a) on October 20, 2008, and placed on the docket this date.
INTERLOCUTORY ORDERS
No.
08-0440/MC. U.S.
v. Chad
M. MCCRACKEN. CCA 200600484. Appellee's motion to extend time to file an
answer granted, up to and including
November 12, 2008, and absent
extraordinary circumstances, no further extension of time will be
granted in
this case.
No.
08-0448/NA. U.S. v. Matthew C.
KUEMMERLE. CCA 200700899. Appellee's
motion to supplement the joint
appendix granted.
No.
08-0495/NA. U.S. v. Kimberly L. COLLIER. CCA 200601218. Appellant's
motion to extend time to file
brief granted, up to and including
October 31, 2008, and absent
extraordinary circumstances, no further extension of time will be
granted in
this case.
No.
08-0808/AR. U.S.
v. Derand M. DAVIS. CCA 20070808. Appellant's
second motion to extend time to file the
supplement to the
petition for grant of review granted, up
to and including October 28, 2008, and
absent extraordinary circumstances, no further extension of time will
be
granted in this case.
No.
09-0030/AR. U.S. v. Josh R. RITTENHOUSE. CCA 20050411. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
November 3, 2008.
No.
09-0043/AR. U.S. v. Neil S. LUBASKY. CCA 20020924. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
November 7, 2008.
No.
09-0045/AR. U.S. v. Ricardo SOTELO. CCA 20060092. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
November 7, 2008.
No.
09-0046/AR. U.S. v. Michael L. ST.
MARTIN,
Jr. CCA 20070965. Appellant's
motion to extend
time to file the
supplement to the petition for grant of review granted, up to and
including
November 10, 2008.
DAILY
JOURNAL
No.
09-037
Thursday,
October 23, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0121/AR. U.S. v. Valerie L. EMERSON. CCA 20080123.
DAILY
JOURNAL
No.
09-036
Wednesday,
October 22, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0507/AR. U.S. v. Nikki S. MCCARTY. CCA 20060218.
No.
08-0702/AR. U.S. v. Jorge L. DIAZ. CCA 20050611.
No.
08-0726/AR. U.S. v. Dustin M. BAXLEY. CCA 20071293.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0115/AR. U.S. v. Zerrin L. THERIOT. CCA 20071417.
No.
09-0116/AR. U.S. v. Michael G. CAMPBELL. CCA 20080059.
No.
09-0117/AR. U.S. v. Antonio BURNETT. CCA 20070733.
No.
09-0118/AR. U.S. v. Timothy L. PARKER. CCA 20060290.
No.
09-0119/MC. U.S. v. Marco A. BUSH. CCA 200700137.
No.
09-0120/AR. U.S. v. Tiffany
FIELDS-BRADLEY. CCA 20080051.
DAILY
JOURNAL
No.
09-035
Tuesday,
October 21, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0114/AR. U.S. v. Michael R. BACCA II. CCA 20080211.
DAILY
JOURNAL
No.
09-034
Monday,
October 20, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0102/AF. U.S.
v. Christopher ASUNCION. CCA 36946.
No.
09-0103/AF. U.S. v. Andrew L. BARKER. CCA 37104.
No.
09-0104/AF. U.S. v. Christopher S.
BOWMAN. CCA S31360.
No.
09-0105/AF. U.S. v. Shane R. DOOLEY. CCA S31356.
No.
09-0106/AF. U.S. v. Herman N. ELIZEE. CCA S31316.
No.
09-0107/AF. U.S. v. Drexel T. GARLAND. CCA S31296.
No.
09-0108/AF. U.S. v. Aaron J. MCDEVITT. CCA 37024.
No.
09-0109/AF. U.S. v. Kevin J. MITCHELL. CCA S31338.
No.
09-0110/AF. U.S. v. Angelina C.
SACRISTE. CCA 37041.
No.
09-0111/AF. U.S. v. Derrick W. SMALL. CCA 37061.
No.
09-0112/NA. U.S. v. Jacob L. RILEY. CCA 200800001.
No.
09-0113/AR. U.S. v. Victor S. SCHARRER. CCA 20071289.
DAILY
JOURNAL
No.
09-033
Friday,
October 17, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0099/AR. U.S. v. Angel D. ESCOBALES. CCA 20771135.
No.
09-0100/AR. U.S. v. Marc B. WILLIAMS. CCA 20070667.
No.
09-0101/MC. U.S. v. Joseph HENRY. CCA 200800028.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
WHETHER THE
EVIDENCE ON THE ELEMENT OF
SERVICE-DISCREDITING CONDUCT WAS LEGALLY SUFFICIENT WHEN: (1) THE
SEXUALLY
EXPLICIT CONTENT AT ISSUE INVOLVED VIRTUAL MINORS; (2) THE IMAGES OF
VIRTUAL
MINORS WERE VIEWED ON APPELLANT’S PRIVATELY-OWNED COMPUTER, AND (3)
APPELLANT’S
ACTIVITY WAS KNOWN ONLY TO LAW ENFORCEMENT PERSONNEL INVOLVED IN THE
INVESTIGATION. SEE U.S. v. MASON, 60 M.J. 15
(2004),
AND U.S.
v. O’CONNOR, 58 M.J. 450 (2003).
On examination of
the record, we have determined
that the granted issue was based on an incorrect premise, namely that
the
evidence in the record of the sexually explicit content at issue
involved only
virtual minors. The record reveals, and
the parties agree, that the record includes testimony that the sexually
explicit content at issue includes depictions of actual minors. Under these circumstances, the issue granted
by this Court cannot be answered on the facts present in this case. Upon further consideration of Appellant’s
petition for review, we conclude that the record does not establish
good cause
for review under Article 67(a)(3), UCMJ, 10 U.S.C. § 867(a)(3) (2000). Therefore, on consideration of the granted
issue, it is ordered that the order dated June 17, 2008, granting
Appellant’s
petition for review is vacated as improvidently granted, and that the
petition
for grant of review of the decision of the United States Air Force
Court of
Criminal Appeals is hereby denied. [See also PETITIONS FOR GRANT OF
REVIEW
DENIED this date.]
Misc. No.
09-8002/AR. United States, Appellee v.
Marcelo
G. Balboa, Appellant. CCA 20080829. On consideration
of the writ-appeal petition for
review of the United States Army Court of Criminal Appeals’ decision on
application for extraordinary relief and the emergency request for a
stay, it
is ordered 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, and that
said
emergency request for a stay is denied as moot.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 08-0260/AF. United States, Appellee v.
Daniel
J. Brown, Appellant. CCA 36695. [See
also APPEALS-SUMMARY DISPOSITIONS this date.]
DAILY
JOURNAL
No.
09-032
Thursday,
October 16, 2008
HEARINGS
No. 05-0647/NA.
U.S.
v. Brendan C. FORNEY. CCA 200200462.
APPEALS - SUMMARY DISPOSITIONS
No. 08-0550/AR. U.S. v. Tyler K. MESUBED. CCA 20061158.
On consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal
Appeals, we
conclude that Charge III and its specification (indecent act) are
multiplicious
for findings with Charge I and its specification (rape).
United
States v.
Schoolfield, 40 M.J. 132 (C.M.A. 1994).
Accordingly, it is ordered that
said petition is hereby granted on the following issue:
WHETHER THE
MILITARY JUDGE ERRED IN NOT DISMISSING
CHARGE III AND ITS SPECIFICATION AS MULTIPLICIOUS WITH CHARGE I AND ITS
SPECIFICATION.
No.
08-0737/MC. U.S. v. Jerry E. SHUMATE,
Jr. CCA 200700941. On
consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, we note that Appellant pleaded guilty in accordance with a
pretrial
agreement and was sentenced to confinement for eight years, forfeiture
of all
pay and allowances, reduction to pay grade E-1, and a dishonorable
discharge. In the pretrial agreement,
the convening authority agreed that any punitive discharge would be
disapproved
and that all confinement in excess of 21 months would be suspended for
the
period of confinement served plus 12 months.
When the convening authority took his action, he stated:
In the general
court-martial case of [Appellant],
tried on 13 October and 21 November 2006, at Camp Pendleton,
California, only
so much of the sentence as provides for reduction to pay grade E-1 and
confinement for a period of eight years is approved, and ordered
executed;
however, the execution of that part of the sentence extending to
forfeiture of
all pay and allowances and confinement in excess of time served is
suspended
for a period of 12 months, at which time, unless the suspension is
sooner
vacated, the suspended part of the sentence will be remitted without
further
action.
We conclude that
because the
convening authority’s action was ambiguous as to whether or not
adjudged
forfeitures were approved, the decision of the Court of Criminal
Appeals in
affirming the sentence was also ambiguous.
Instead of returning the case for further action by the
convening
authority, we will, in the interests of judicial economy, take
corrective
action at this level. See United States v. Dowis,
66 M.J.
382 (C.A.A.F. 2008); United States
v. Wilson,
65 M.J. 140 (C.A.A.F. 2007); Rule for Courts-Martial 1107(g). Accordingly it is ordered that said petition
is hereby granted on the following specified issue:
ORDERS GRANTING PETITION FOR REVIEW
No.
08-0550/AR. U.S. v. Tyler K. MESUBED. CCA 20061158.
[See also APPEALS-SUMMARY DISPOSITIONS this date.]
No.
08-0737/MC. U.S. v. Jerry E. SHUMATE,
Jr. CCA 200700941.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
PETITIONS FOR GRANT OF REVIEW FILED
No. 09-0096/AR.
U.S.
v. Earl R. POLAN. CCA 20080024.
No. 09-0097/AR.
U.S.
v. Gerson M.B. MENDOZA. CCA 20060475.
No. 09-0098/AR.
U.S.
v. John R. ANGELL. CCA 20080216.
INTERLOCUTORY ORDERS
No. 08-0417/AR.
U.S.
v. Robert B. CLAYTON. CCA 20040903. Appellant's motion to extend time to file a
brief granted, up to and including October 31, 2008, and
absent extraordinary circumstances, no further
extension of time will be granted in this case.
No. 09-0017/AR.
U.S.
v. Ira B. DAVIS. CCA 20061148. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted up to and
including
October 30, 2008.
No. 09-0057/AR.
U.S.
v. Craig R. ROSS. CCA 20070503. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted up to and
including
November 13, 2008.
No. 09-0065/AR.
U.S.
v. Blake L. KERNS. CCA 20080234. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted up to and
including
November 14, 2008.
DAILY
JOURNAL
No.
09-031
Wednesday,
October 15, 2008
HEARINGS
No.
07-0848/AF. U.S. v. Linwood W. BURTON,
Jr. CCA 36296.
No.
08-0260/AF. U.S. v. Daniel J. BROWN. CCA 36695.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0093/AR. U.S. v. Star M. LEE. CCA 20070561.
No.
09-0094/AR. U.S. v. Alexis PEREZ-GOMEZ. CCA 20080336.
No.
09-0095/AR. U.S. v. Eric JOHNSON. CCA 20080220.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
09-8002/AR. Marcelo G. Balboa v.
Lieutenant Colonel Andrew L. Glass, the United
States Army, and the United States
of America.
CCA 20080829. 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 this
date.
INTERLOCUTORY ORDERS
No.
06-0178/AF. U.S. v. Kirk V. BRIGGS. CCA 35123.
No.
08-0730/AF. U.S. v. Craig S. BALDWIN. CCA 36949.
No. 08-0743/AF.
U.S.
v. Leslie G. GUSTAFSON III. CCA 36918.
No. 08-0765/AF.
U.S.
v. Patrick T. RAYNOR. CCA 35449.
No. 09-0020/AF.
U.S.
v. Marc P. CHOISNARD. CCA 36654.
No. 09-0021/AF.
U.S.
v. Lucas W. COBLE. CCA S31463.
No. 09-0054/AF.
U.S.
v. Robert D. HAYDEN. CCA 36917.
On consideration
of the
motions filed in each of the above cases by Captain Timothy M. Cox to
withdraw
as appellate defense counsel, it appears that the Judge Advocate
General has
assigned another counsel to represent each Appellant and that the new
attorney
has assumed the representation of the Appellant in each case. Accordingly, said motions are hereby granted.
No.
07-0199/AR. U.S. v. Joshua P. NAVRESTAD. CCA 20030335. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
October 27, 2008.
No. 08-0707/AF.
U.S.
v. Calvin J. WHEELER, JR. CCA 36796. On
July 14, 2008, the Court docketed a petition for grant of review in the
above-entitled case. Counsel have filed
pleadings in accordance with Rule 21 of the Court’s Rules of Practice
and
Procedure, however, the Judge Advocate General of the Air Force has not
filed
the record with the Court in accordance with Rule 35, which directs
filing as
soon as practicable after the docketing of the petition.
Accordingly, it is ordered that the Judge Advocate General of
the Air Force
file the record in this case within 14 days of the date of this order,
or
provide the Court with an explanation for any further delay.
No.
09-0011/AR. U.S. v. David L. CLEMENTS,
II. CCA 20070541. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
October 29, 2008.
No.
09-0012/AR. U.S. v. Richard B. STAMPER. CCA 20070402. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
October 29, 2008.
DAILY
JOURNAL
No.
09-030
Tuesday,
October 14, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0718/AR. U.S. v. Matthew B.
ABERNATHY. CCA 20071048.
No.
08-0766/AF. U.S. v. Clay M. WELSH. CCA S31323.
No.
08-0781/AR. U.S. v. Victor J.T. RAMIREZ. CCA 20080196.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0169/MC. U.S. v. Byron M. LEWIS. CCA 200600045.*
No.
09-0092/AF. U.S. v. Nicole M. LOZANO. CCA S31370.
___________________
* Second
petition filed in this case.
DAILY
JOURNAL
No.
09-029
Friday,
October 10, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
07-0476/NA. U.S. v. Audley G. EVANS. CCA 200600806.*
No.
09-0082/MC. U.S. v. Jeff R. WIECHMANN. CCA 200700593.
No.
09-0083/NA. U.S. v. Alexander J.
THORNTON. CCA 200401206.
No.
09-0084/MC. U.S. v. Antwaine D.
MORRISON. CCA 200800045.
No.
09-0085/MC. U.S. v. Enrique Jr. RENDON. CCA 200800438.
No.
09-0086/AF. U.S. v. Skilar W. BUTLER. CCA 37156.
No. 09-0087/AF. U.S. v. Ciana J. COX. CCA S31442.
No.
09-0088/AF. U.S. v. Nicholas B. CRUZ. CCA 36954.
No.
09-0089/AF. U.S. v. Christopher A.
LORCH. CCA 37032.
No.
09-0090/AF. U.S. v. Antonio L. WILSON. CCA S31320.
No.
09-0091/AF. U.S. v. Larry M. PAULY. CCA 36764.
___________________
* Second petition
filed in
this case.
DAILY
JOURNAL
No.
09-028
Thursday,
October 9, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 03-0390/AF. U.S. v. Anthony
F. BILLQUIST. CCA 35003.
On
consideration of the petition for grant of review
of the decision of the United States Air Force
Court of Criminal Appeals, it is ordered that said
petition is hereby granted, and the decision of the United States Air
Force
Court of Criminal Appeals is affirmed.[See also ORDERS GRANTING
PETITION FOR
REVIEW this date.]
No. 08-0578/AR. U.S. v. David
R. THOMPSON. CCA 20000342.
On
consideration of the petition for grant of review
of the decision of the United States Army Court of Criminal Appeals, it
is
ordered that said petition is hereby granted, and the decision of the
United
States Army Court of Criminal Appeals is affirmed.[See also ORDERS
GRANTING
PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0390/AF. U.S. v. Anthony
F. BILLQUIST. CCA 35003.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
No. 08-0376/MC. U.S. v. Andrew
W. SMEAD. CCA 200201020.
Review granted on the following issue:
WHETHER
APPELLANT SUFFERED PREJUDICE, FOR PURPOSES OF ARTICLE 59(a), UCMJ,
WHERE THE
CHARGE OF RAPE OF A CHILD, WITHDRAWN AND DISMISSED "WITH PREJUDICE"
AT APPELLANT'S FIRST COURT-MARTIAL, WAS REINSTITUTED AT APPELLANT'S
REHEARING.
Briefs
will be filed under Rule 25.
No. 08-0578/AR. U.S. v. David
R. THOMPSON. CCA 20000342.
[See also APPEALS-SUMMARY DISPOSITIONS this
date.]
No. 08-0580/AR. U.S. v. Brandon
I. MILLER. CCA 20060224.
Review granted on the following issue:
WHETHER,
AFTER FINDING THE EVIDENCE FACTUALLY INSUFFICIENT TO SUPPORT A FINDING
OF
GUILTY TO CHARGE III AND ITS SPECIFICATION (RESISTING APPREHENSION),
THE COURT
OF CRIMINAL APPEALS COULD AFFIRM A FINDING OF GUILTY TO A LESSER
INCLUDED
OFFENSE ON A THEORY NOT PRESENTED TO THE TRIER OF FACT.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0601/MC. U.S. v. Patrick J. TRUMPET. CCA 200602210.
No.
08-0686/AF. U.S. v. Jamon D. CURRY. CCA S31182.
No.
08-0716/AR. U.S. v. Daniel L. HEATON,
JR. CCA 20070442.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0081/AR. U.S. v. Eric A. JOHNSON. CCA 20080198.
INTERLOCUTORY ORDERS
No.
06-8006/AR. U.S. v. Dwight J. LOVING. CCA 19891123. On consideration
of the motion filed by
the National Institute of Military Justice for leave to file amicus curiae brief and to participate
in oral argument, it is ordered
that said motion is hereby granted as it pertains to the filing of the amicus curiae brief, but denied as it
pertains to the request to
participate in oral argument.
No.
08-0409/NA. U.S. v. Juan J. CAMPOS. CCA 200602523. Appellant's
motion to extend time to file a
brief granted, but only up to and
including October 29, 2008, and
absent extraordinary circumstances, no further extension of time will
be
granted in this case.
No.
08-0694/AR. U.S. v. Ricardo K. GONZALES. CCA 20030903. Appellee's
motion to file an answer to the supplement
to the petition for grant of review out of time granted.
No.
08-0751/AR. U.S. v. Phillip A. HEARN. CCA 20060128. Appellant's
motion to attach index granted.
No.
08-0786/AF. U.S. v. Arturo E. RIVERA. CCA 37123. Appellant's
motion to append cover, index, and
table of authorities to the supplement to the petition for grant of
review
granted.
No.
09-6002/AF. U.S. v. Gregory B. BURNEY. CCA 200801. On consideration
of the petition for grant of review
filed by counsel for Appellant on August 11, 2008, under Rule 19(a)(4),
Rules
of Practice and Procedure, and docketed under Docket Number 08-0761/AF,
and it
now appearing that said petition is in fact a petition for grant of
review of
the decision of the United States Air Force Court of Criminal Appeals
on appeal
by the United States under Article 62, Uniform Code of Military
Justice, 10
U.S.C. § 862, and Appellee’s motion for leave to file an answer to the
supplement to the petition for grant of review out of time, it is
ordered that Docket Number 09-6002/AF
be forthwith assigned to this case and used on all future documents
filed in
this case; that the Clerk of the Court and counsel for both parties
herein
promptly ensure that the new docket number assigned to this case be
noted on
pleadings filed to date in this matter; that Docket Number 08-0761/NA
be
rescinded and not be assigned to any other case; and that Appellee’s
motion for
leave to file an answer to the supplement to the petition for grant of
review
out of time is hereby granted.
DAILY
JOURNAL
No.
09-027
Wednesday,
October 8, 2008
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0415/AR. U.S. v. Brandon KENT. CCA 20060221.
No.
08-0540/AR. U.S. v. Thomas E. RUSSELL,
Jr. CCA 20050281.
No.
08-0581/AF. U.S. v. Derek J. PAULK. CCA 36952.
No.
08-0607/AR. U.S. v. Victor J. PORTALES. CCA 20051348.
No.
08-0627/AR. U.S. v. Andres M. VEGA. CCA 20050964.
No.
08-0638/MC. U.S. v. Victor L. SPARKS. CCA 200700568.
No.
08-0654/AF. U.S. v. Christopher L.
STITELY. CCA 37039.
No.
08-0658/AR. U.S. v. Michael W. VESTAL. CCA 20070326.
No.
08-0665/AR. U.S. v. James A. FOWLER. CCA 20060719.
No.
08-0697/AR. U.S. v. Marzell R.
PETERSON,
JR. CCA 20061126.
No.
08-0722/AR. U.S.
v. Derick L. DAVIS. CCA 20071296.
No.
08-0732/AF. U.S. v. Justin T. BROWN. CCA 37135.
No.
08-0735/AF. U.S. v. Sarah L. THOMPSON. CCA 36911.
No.
08-0758/AR. U.S. v. Seth A. WHITE. CCA 20071060.
No.
08-0793/AR. U.S. v. Mario MUNOZ. CCA 20080249.