UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-021
Tuesday,
September 30, 2008
APPEALS - SUMMARY
DISPOSITIONS
No.
05-0674/AR.
WHETHER
THE ARMY COURT OF CRIMINAL APPEALS ABUSED ITS DISCRETION IN REASSESSING
APPELLANT’S SENTENCE, HAVING ALREADY CONCEDED THAT IT COULD NOT BE
REASONABLY
CERTAIN WHAT SENTENCE MIGHT BE IMPOSED AT THE TRIAL LEVEL.
ORDERS GRANTING PETITION FOR REVIEW
No.
05-0674/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0643/AR.
No.
08-0668/MC.
No.
08-0670/AR.
No.
08-0680/MC.
No.
08-0681/AR.
No.
08-0682/AR.
No.
08-0689/AR.
No.
08-0690/AR.
No.
08-0692/AR.
No. 08-0696/AR.
No.
08-0704/AR.
No.
08-0713/AR.
No.
08-0727/AR.
No.
08-0742/AR.
No.
08-0745/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0385/NA.
No.
09-0065/AR.
No.
09-0066/AR.
No.
09-0067/AR.
No.
09-0068/AR.
No.
09-0069/AR.
INTERLOCUTORY ORDERS
No.
08-0072/AF.
No.
08-0579/AR.
No.
08-0794/AR.
No.
08-0804/AR.
No.
08-0808/AR.
No.
08-0809/AR.
No.
08-0810/AF.
No.
09-0001/AR.
No.
09-0005/AR.
*
Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-020
Monday,
September 29, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0056/AR.
No.
09-0057/AR.
No.
09-0058/AF.
No.
09-0059/AF.
No.
09-0060/AF.
No.
09-0061/AF.
No.
09-0062/AF.
No.
09-0063/AF.
No.
09-0064/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-019
Friday,
September 26, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0701/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0051/AF.
No.
09-0052/AF.
No.
09-0053/AF.
No.
09-0054/AF.
No.
09-0055/MC.
No.
09-6001/MC.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
08-8022/AR. Timothy B. HENNIS, Appellant
v. Colonel
Patrick J. Parrish, Military Judge, Lieutenant General Lloyd J. Austin
III,
Convening Authority, and The Honorable Pete Geren, Secretary of the
Army,
Appellees. CCA 20080448.
On consideration of the writ-appeal petition
and the motion to dispense with the requirement to file a joint
appendix, it is ordered that said motion is hereby granted, and that
the
writ-appeal petition is hereby denied without prejudice to Appellant’s
right to
raise the issues asserted in the course of normal appellate review.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-018
Thursday,
September 25, 2008
APPEALS-SUMMARY
DISPOSITIONS
No. 07-0519/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0519/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0048/NA.
No. 09-0049/AR.
No.
09-0050/AR.
INTERLOCUTORY ORDERS
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-017
Wednesday,
September 24,
2008
HEARINGS
No. 08-0246/NA.
No. 08-0092/MC.
ORDERS GRANTING PETITION FOR REVIEW
No.
08-0495/NA.
WHETHER THE
MILITARY JUDGE
ABUSED HIS DISCRETION BY EXCLUDING, PURSUANT TO M.R.E. 403, RELEVANT
EVIDENCE
OF A PRIOR HOMOSEXUAL RELATIONSHIP BETWEEN APPELLANT AND A CENTRAL
GOVERNMENT
WITNESS OFFERED BY THE DEFENSE TO SHOW BIAS AND MOTIVE TO MISREPRESENT
ON THE
PART OF THE GOVERNMENT WITNESS.
Briefs will be
filed under
Rule 25.
No.
08-0615/NA.
I.
WHETHER
THE
II. WHETHER THE
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No. 09-0046/AR.
No. 09-0047/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-016
Tuesday,
September 23, 2008
HEARINGS
No.
07-0900/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 08-0494/AF.
No.
08-0521/AR.
No.
08-0671/AR.
No.
08-0715/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0042/AR.
No.
09-0043/AR.
No.
09-0044/AR.
No.
09-0045/AR.
INTERLOCUTORY ORDERS
No.
08-0751/AR.
No.
08-0789/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-015
Monday,
September 22, 2008
No.
07-0826/AR.
No.
08-0158/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0353/NA.
No.
08-0363/AR.
No.
08-0523/NA.
No.
08-0545/AR.
No.
08-0587/AR.
No.
08-0619/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0034/AR.
No.
09-0035/AR.
No.
09-0036/AR.
No.
09-0037/AR.
No.
09-0038/AF.
No.
09-0039/CG.
No.
09-0040/NA.
No.
09-0041/NA.
INTERLOCUTORY ORDERS
No.
06-8006/AR. Dwight J. Loving, Petitioner
v.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-014
Friday,
September 19, 2008
APPEALS - SUMMARY
DISPOSITIONS
No.
08-0602/MC.
ORDERS GRANTING PETITION FOR REVIEW
No.
08-0409/NA.
WHETHER IT WAS
PLAIN ERROR
FOR THE MILITARY JUDGE TO ADMIT AT SENTENCING A STIPULATION OF EXPERT
TESTIMONY
PERTAINING TO SEX OFFENDER TREATMENT IN MILITARY CORRECTIONAL
FACILITIES WHERE
THE EXPERT, WHO DID NOT PERSONALLY EVALUATE APPELLANT, OPINED GENERALLY
ABOUT
MINIMAL AND OPTIMAL TERMS OF CONFINEMENT FOR A PERSON DETECTED OF
POSSESSING
CHILD PORNOGRAPHY.
Briefs will be
filed under
Rule 25.
No.
08-0431/AR.
WHETHER THE
MILITARY JUDGE
ERRED BY PERMITTING THE CONVENING AUTHORITY TO WITHDRAW FROM HIS
PRETRIAL AGREEMENT
WITH APPELLANT DESPITE APPELLANT BEGINNING PERFORMANCE OF PROMISES
CONTAINED IN
THE AGREEMENT.
Briefs will be
filed under
Rule 25.
No.
08-0602/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 08-0352/MC.
No. 08-0610/AR.
No. 08-0700/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 09-0033/AF.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
08-8023/NA. In re Joseph Mancillas. CCA 200401950. On
consideration of the petition for extraordinary
relief, and Petitioner’s motions to attach and motion for appropriate
relief,
filed on August 28, 2008, and September 5, 2008, it is ordered that
said petition is hereby denied; that said
motion to attach and motion for appropriate relief filed on August 28,
2008, is
hereby granted in part with respect to the attachments, and denied in
part,
with respect to the request for a stay of proceedings; and that said
motion to
attach and motion for appropriate relief filed on September 5, 2008, is
hereby
denied.
INTERLOCUTORY ORDERS
No. 07-0367/AR.
No. 08-0787/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-013
Thursday,
September 18, 2008
MISCELLANEOUS DOCKET -
FILINGS
Misc. No.
09-8001/AR. Mohammad Allaa ALI,
Appellant v. Lieutenant General Lloyd Austin, Convening Authority, the
INTERLOCUTORY ORDERS
No.
07-0765/NA.
No. 08-0365/AR.
No.
08-0579/AR.
No.
08-0587/AR.
No.
08-0627/AR.
No.
08-0779/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-012
Wednesday,
September 17, 2008
CONSOLIDATED HEARING
No.
08-6006/MC.
No.
08-8020/MC. CBS Broadcasting Inc.,
Petitioner v.
No.
08-8021/MC. In re Frank D.
Wuterich. CCA 200800183.
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0614/AR.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
08-6007/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0029/AF.
No.
09-0030/AR.
No.
09-0031/AR.
No.
09-0032/NA.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
08-8024/NA.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-011
Tuesday,
September 16, 2008
ORDERS GRANTING
PETITION FOR REVIEW
No. 08-0417/AR.
I.
WHETHER THE
CIVILIAN POLICE DRUG SEIZURE REPORT IN THIS CASE IS A REPORT SETTING
FORTH
"MATTERS OBSERVED BY POLICE OFFICERS . . . ACTING IN A LAW ENFORCEMENT
CAPACITY," AND, IF SO, WHETHER IT WAS PROPERLY ADMITTED UNDER M.R.E.
803(6) (BUSINESS RECORD EXCEPTION), WHEN IT WOULD NOT BE ADMISSIBLE
UNDER
M.R.E. 803(8) (PUBLIC RECORDS EXCEPTION).
COMPARE, e.g., UNITED STATES v. OATES, 560 F.2d 45,
77-78 (2d
Cir. 1977) (HOLDING THAT POLICE RECORDS THAT WOULD BE INADMISSIBLE
UNDER THE
PUBLIC RECORDS EXCEPTION AGAINST THE ACCUSED WOULD ALSO BE INADMISSIBLE
UNDER
ANY OTHER EXCEPTION TO THE HEARSAY RULE) WITH UNITED STATES
v. HAYES,
861 F.2d 225, 1230 (10th Cir. 1988) (HOLDING THAT THERE IS NO
LIMITATION TO THE
BUSINESS RECORD EXCEPTION IF THE AUTHOR OF THE PROFFERED DOCUMENT
TESTIFIES AT
TRIAL).
II.
IF THE MILITARY
JUDGE ABUSED HER DISCRETION IN ADMITTING THE POLICE DRUG SEIZURE
REPORT,
WHETHER THE ERROR MATERIALLY PREJUDICED APPELLANT'S SUBSTANTIAL RIGHTS?
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0027/AR.
No.
09-0028/NA.
INTERLOCUTORY ORDERS
No.
08-0768/AR.
No.
08-0770/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-010
Monday,
September 15, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0017/AR.
No.
09-0018/AR.
No.
09-0019/AF.
No.
09-0020/AF.
No.
09-0021/AF.
No.
09-0022/AF.
No. 09-0023/NA.
No.
09-0024/NA.
No.
09-0025/NA.
No.
09-0026/AR.
INTERLOCUTORY ORDERS
No.
06-8006/AR. Dwight J. LOVING, Petitioner
v.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-009
Friday,
September 12, 2008
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0572/AR.
No.
08-0640/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0013/AF.
No.
09-0014/AF.
No.
09-0015/AF.
No.
09-0016/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-008
Thursday,
September 11, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0011/AR.
No.
09-0012/AR.
INTERLOCUTORY ORDERS
No.
08-0448/NA.
No.
08-0755/NA.
UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-007
Wednesday,
September 10, 2008
APPEALS-SUMMARY DISPOSITIONS
No. 08-0479/AR.
WHETHER
APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE
OF
COUNSEL WHERE THE TRIAL DEFENSE COUNSEL ALLEGEDLY PROVIDED INCOMPETENT
ADVICE
REGARDING THE LACK OF THE DEFENSE OF MENTAL RESPONSIBILITY.
The decision of
the United States Army Court of Criminal
Appeals is set aside. The record of
trial is returned to the Judge Advocate General of the Army for remand
to that
court to obtain an affidavit from the trial defense counsel responding
to
Appellant’s allegation of ineffective assistance of counsel. In the course of conducting its new review
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 trial
defense
counsel’s affidavit and any other relevant matters.
See
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0518/AF.
WHETHER
THE MILITARY JUDGE ERRED IN DENYING APPELLANT'S MOTION TO SUPPRESS HIS
HAIR TEST
RESULTS.
Briefs will be
filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
07-0828/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 07-0199/AR.
_______________________
* Second
petition filed in this case.
DAILY
JOURNAL
No.
09-006
Tuesday,
September 09, 2008
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0010/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-005
Monday,
September 8, 2008
ORDERS GRANTING
PETITION FOR REVIEW
No. 08-0261/AR.
WHETHER
THE PHRASE "WITH INTENT UNLAWFULLY TO OBTAIN AN ADVANTAGE, TO WIT:
SEXUAL
RELATIONS," IN THE SPECIFICATION OF CHARGE II STATES THE OFFENSE OF
EXTORTION
IN LIGHT OF THE PROVISION IN THE MANUAL FOR COURTS-MARTIAL THAT
PROVIDES THAT
"AN INTENT TO MAKE A PERSON DO AN ACT AGAINST THAT PERSON'S WILL IS
NOT,
BY ITSELF, SUFFICIENT TO CONSTITUTE EXTORTION." SEE
MANUAL FOR COURTS-MARTIAL, UNITED
STATES PT. IV,
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
08-0672/CG.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0008/AF.
No.
09-0009/MC.
INTERLOCUTORY ORDERS
No.
08-0748/AR.
No.
08-0749/AR.
No.
08-0751/AR.
No.
08-0753/AR.
No.
08-0757/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-004
Friday,
September 5, 2008
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0481/AF.
No.
08-0571/MC.
No.
08-0597/AF.
No.
08-0611/CG.
No.
08-0623/AF.
No.
08-0634/AF.
No.
08-0637/AR.
No.
08-0647/AF.
No.
08-0655/AF.
No.
08-0657/AF.
No.
08-0674/AF.
No.
08-0678/AF.
No.
08-0695/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
07-0696/MC.
No. 09-0007/MC.
__________________
*
Second petition
filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-003
Thursday,
September 4, 2008
APPEALS-SUMMARY DISPOSITIONS
No. 08-0335/NA.
WHETHER
THE MILITARY JUDGE ERRED BY DENYING APPELLANT THE
The decision of
the United States Navy-Marine Corps
Court of Criminal Appeals is set aside.
The record of trial is returned to the Judge Advocate General of
the
Navy for remand to that court for a new review and consideration of the
aforementioned issue under Article 66(c), Uniform Code of Military
Justice, 10
U.S.C. § 866(c) (2000). The motion to
attach is denied as moot.
ORDERS GRANTING
PETITION FOR REVIEW
No. 08-0390/NA.
WHETHER
(1) THE LOWER COURT ERRED IN ADOPTING A TEST TO DETERMINE WHETHER
APPELLANT'S
ASSERTION OF HIS RIGHT TO REMAIN SILENT WAS SCRUPULOUSLY HONORED THAT
DIFFERS FROM
THE TESTS SET FORTH BY THE UNITED STATES SUPREME
COURT IN MICHIGAN v. MOSLEY, 423 U.S. 96 (1975) AND UNITED
STATES v. WATKINS, 34 M.J. 344 (C.M.A. 1992); AND (2) WHETHER THE
LOWER
COURT ERRED IN HOLDING THAT THE MILITARY JUDGE CORRECTLY DENIED THE
DEFENSE
MOTION TO SUPPRESS APPELLANT'S CONFESSION MADE TO THE DETECTIVES AT THE
NORFOLK, VIRGINIA, POLICE DEPARTMENT.
Briefs
will be filed under Rule 25.
No. 08-0440/MC.
WHETHER THE
CRIMINALITY
NOT PRESENTED BY THE GOVERNMENT AT TRIAL.
WHETHER THE
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0478/AR.
No. 08-0502/AR.
No.
08-0503/AR.
No.
08-0582/AR.
No.
08-0626/AR.
No.
08-0630/AR.
No.
08-0636/AR.
No.
08-0642/AR.
No.
08-0652/AR.
No.
08-0661/AR.
No.
08-0666/AR.
No.
08-0684/AR.
No.
08-0691/AR.
No.
08-0693/AR.
No. 08-0712/AR.
No.
08-6005/NA.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
08-0549/CG.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0004/AR.
No.
09-0005/AR.
No.
09-0006/AR.
INTERLOCUTORY ORDERS
No.
04-5005/NA.
No.
08-0741/AR.
No.
08-0743/AF.
No.
08-6005/NA.
No.
08-6006/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-002
Wednesday,
September 3, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0003/AR.
UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-001
Tuesday,
September 2, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0001/AR.
No.
09-0002/AR.