UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-161
Thursday,
April 30, 2009
APPEALS – SUMMARY DISPOSITIONS
No. 06-0852/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 06-0852/AR.
No. 08-0660/NA.
WHETHER
THE LOWER COURT ERRED IN REASSESSING APPELLANT'S SENTENCE, AS (1) ITS
REASSESSMENT CALCULUS WAS BASED UPON AN ERRONEOUS UNDERSTANDING OF WHAT
SPECIFICATIONS WERE MERGED; (2) IT ABUSED ITS DISCRETION IN FAILING TO
ORDER A
SENTENCE REHEARING IN LIGHT OF APPELLANT BEING SENTENCED UPON TWICE THE
AMOUNT
OF SPECIFICATIONS AS APPROPRIATE; AND (3) THE UNDERLYING LOGIC USED TO
NOT
REDUCE APPELLANT'S SENTENCE WAS FAULTY.
WHETHER
THE LOWER COURT
ERRED IN FINDING THAT POSSESSION OF THE SAME IMAGES OF CHILD
PORNOGRAPHY ON
DIFFERENT MEDIA CAN BE CHARGED AS SEPARATE CRIMES UNDER 18 USC SECTION
2252A.
WHETHER
THE LOWER COURT
Briefs
will be filed under Rule 25.
No. 08-0757/AR.
WHETHER
THE MILITARY JUDGE ERRED IN ADMITTING THE TESTIMONY OF TG UNDER
MILITARY RULES
OF EVIDENCE 413 AND 414.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 09-0091/AF.
No.
09-0157/MC.
No.
09-0319/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0573/AR.
No.
09-0574/AR.
INTERLOCUTORY ORDERS
No.
09-5004/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-160
Wednesday,
April 29, 2009
ORDERS GRANTING PETITION FOR REVIEW
No. 09-0169/AR.
WHETHER
THE MILITARY JUDGE ERRED BY FAILING TO INSTRUCT ON OBEDIENCE TO LAWFUL
ORDERS
AS IT PERTAINED TO MALTREATMENT BY HAVING A MILITARY WORKING DOG (MWD)
BARK AT
A DETAINEE WHEN THERE WAS NO EVIDENCE BEFORE THE MILITARY JUDGE THAT
SUCH AN
ORDER WAS ILLEGAL.
WHETHER
THE MILITARY JUDGE ERRED WHEN HE DID NOT INSTRUCT THE PANEL ON
OBEDIENCE TO
ORDERS (LAWFUL OR UNLAWFUL) AS IT PERTAINED TO MALTREATMENT BY HAVING A
MWD
BARK AT JUVENILE DETAINEES.
WHETHER
THE EVIDENCE FOR ALL MALTREATMENT SPECIFICATIONS WAS LEGALLY
INSUFFICIENT,
BECAUSE THE DETAINEES WERE NOT "SUBJECT TO [APPELLANT'S] ORDERS" AND
DID NOT HAVE A "DUTY TO OBEY."
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0309/AR.
No.
09-0381/AF.
No.
09-0422/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 09-8020/AF. Ronald J. WEBB, Jr.,
Appellant v. Major General Stephen L. Hogg, USAFWC/CC, General
Court-Martial
Convening Authority, Nellis AFB, NV, Colonel Howard D. Belote,
99ABW/CC,
Special Court-Martial Convening Authority,Nellis AFB, NV, and Colonel
David S.
Castro, HQ AF/JATW,Military Judge, Appellees.
CCA 2009-01.On consideration of the writ-appeal petition and
Appellees’
motion to submit documents, it is ordered that said writ-appeal
petition is
hereby denied without prejudice to Appellant’s right to raise the issue
asserted during the course of normal appellate review; that said motion
to
submit documents is hereby denied; and that the Court’s order, issued
March 30,
2009, to stay proceedings is hereby vacated.
INTERLOCUTORY ORDERS
No.
08-0158/AR.
No.
09-0017/AR.
No.
09-0503/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-159
Tuesday,
April 28, 2009
HEARINGS
No.
09-0032/NA.
No.
09-0119/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0174/AR.
No.
09-0175/AR.
No.
09-0268/AF.
No.
09-0276/AR.
No. 09-0287/AF.
No.
09-0330/AF.
No.
09-0393/AF.
No.
09-0408/AF.
No.
09-0410/MC.
No.
09-0423/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0570/AR.
No.
09-0571/AR.
No.
09-0572/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
INTERLOCUTORY ORDERS
No.
09-0485/AR.
No.
09-0486/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-158
Monday,
April 27, 2009
HEARINGS
No.
09-0010/AR.
No.
09-0164/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0730/AF.
No.
08-0794/AR.
No.
08-0799/AF.
No.
09-0088/AF.
No.
09-0150/AF.
No.
09-0337/AF.
No.
09-0350/AF.
No.
09-0362/AR.
No.
09-0366/AF.
No.
09-0395/AR.
No.
09-0404/AR.
No.
09-0426/AF.
No.
09-0447/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0562/AF.
No.
09-0563/AF.
No.
09-0564/AF.
No.
09-0565/AF.
No.
09-0566/AF.
No.
09-0567/NA.
No.
09-0568/AR.
No.
09-0569/AR.
INTERLOCUTORY ORDERS
No.
09-0483/AR.
No.
09-6005/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-157
Friday,
April 24, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
09-0253/AF.
No.
09-0324/AF.
No.
09-0334/AR.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
09-0205/AF.
No. 09-0322/CG.
No. 09-0435/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0557/AF.
No.
09-0558/AF.
No.
09-0559/AF.
No.
09-0560/AF.
No.
09-0561/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-156
Thursday,
April 23, 2009
MISCELLANEOUS DOCKET -
FILINGS
Misc. No.
09-8021/NA. In Re San K. SEZGINALP CCA 200800871. Notice
is hereby given that a petition for
extraordinary relief was filed under Rule 27(a) on this date.
INTERLOCUTORY ORDERS
No.
09-5004/NA.
MANDATES ISSUED
No.
03-0629/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-155
Wednesday,
April 22, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
09-0403/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0552/AR.
No.
09-0553/AR.
No.
09-0554/AR.
No.
09-0555/AR.
No.
09-0556/AR.
INTERLOCUTORY ORDERS
No.
08-0344/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-154
Tuesday,
April 21, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
09-0224/AF.
No.
09-0233/AF.
No.
09-0281/AF.
No.
09-0296/AR.
No.
09-0315/AR.
No.
09-0326/AF.
No.
09-0327/AF.
No.
09-0328/AF.
No.
09-0338/AF.
No.
09-0345/AF.
No.
09-0379/AF.
No. 09-0428/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0550/AR.
No.
09-0551/AR.
INTERLOCUTORY ORDERS
No.
09-0403/AR.
No.
09-0478/AR.
No.
09-0479/AR.
No.
09-0480/AR.
No.
09-0481/AR.
No.
09-5002/NA.
MANDATES ISSUED
No.
08-0417/AR.
DAILY
JOURNAL
No.
09-153
Monday,
April 20, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0546/AF.
No.
09-0547/AF.
No.
09-0548/AR.
No.
09-0549/MC.
No.
09-6005/AR.
INTERLOCUTORY ORDERS
No.
09-0032/NA.
DAILY
JOURNAL
No.
09-152
Friday,
April 17, 2009
APPEALS - SUMMARY
DISPOSITIONS
No.
09-0142/AR.
ORDERS GRANTING PETITION FOR REVIEW
No.
09-0133/MC.
WHETHER THE LOWER
COURT ERRED
WHEN IT HELD THAT APPELLANT'S UTTERANCE OF "MMMM-MMMM-MMMM" WAS
LEGALLY SUFFICIENT TO SUPPORT A CONVICTION FOR INDECENT LANGUAGE.
Briefs will be
filed under
Rule 25.
No.
09-0142/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 08-0169/MC.
No. 09-0198/AR.
No. 09-0305/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 09-0541/AR.
No. 09-0542/AR.
No. 09-0543/AR.
No. 09-0544/AR.
No. 09-0545/NA.
INTERLOCUTORY ORDERS
No. 09-0032/NA.
No. 09-0043/AR.
No. 09-0472/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-151
Thursday,
April 16, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
09-0212/AR.
No.
09-6004/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0535/NA.
No.
09-0536/AR.
No.
09-0537/AR.
No.
09-0538/AR.
No.
09-0539/AR.
No.
09-0540/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
09-8015/AR.
INTERLOCUTORY ORDERS
No.
05-0647/NA.
No.
09-0389/CG.
No.
09-0471/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-150
Wednesday,
April 15, 2009
HEARINGS
No.
09-0013/AF.
No.
09-0082/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0800/AF.
No.
09-0007/MC.
No.
09-0027/AR.
No.
09-0190/NA.
No.
09-0264/AF.
No.
09-0336/NA.
No.
09-0339/AR.
No.
09-0340/AR.
No.
09-0358/AR.
No.
09-0363/AR.
No.
09-0399/AF.
No.
09-0449/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0532/MC.
No.
09-0533/NA.
No.
09-0534/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-149
Tuesday,
April 14, 2009
HEARINGS
No.
08-0613/AR.
No.
08-0779/AR.
NOTICE OF FILING
No.
09-5004/NA.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0210/MC.
No.
09-0251/AF.
No.
09-0392/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0531/AR.
INTERLOCUTORY ORDERS
No.
08-0158/AR.
No.
09-0082/MC.
No.
09-0236/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-148
Monday,
April 13, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0519/NA.
No.
09-0520/NA.
No.
09-0521/NA.
No.
09-0522/AF.
No.
09-0523/AF.
No.
09-0524/AF.
No.
09-0525/AF.
No.
09-0526/AF.
No.
09-0527/AF.
No.
09-0528/AF.
No.
09-0529/AF.
No.
09-0530/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-147
Friday,
April 10, 2009
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0517/AR.
No.
09-0518/AF.
INTERLOCUTORY ORDERS
No.
09-0418/AR.
No.
09-0419/AR.
No.
09-0448/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-146
Thursday,
April 9, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
09-0162/AF.
No.
09-0179/AF.
No.
09-0220/AF.
No.
09-0280/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0514/MC.
No.
09-0515/AR.
No.
09-0516/AR.
INTERLOCUTORY ORDERS
No.
09-5002/NA.
CERTIFICATES FOR REVIEW FILED
No. 09-5002/NA.
WHETHER THE LOWER
COURT ERRED
BY FINDING THAT THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DENIED
THE
DEFENSE MOTION TO DISQUALIFY TRIAL COUNSEL FROM FURTHER PARTICIPATION
IN THE
CASE.
WHETHER THE LOWER
COURT ERRED IN SETTING ASIDE THE FINDINGS AND SENTENCE BASED UPON
SPECULATION
THAT THE TRIAL COUNSELS’ CONTINUED PARTICIPATION IN THE CASE COULD HAVE
PREJUDICED APPELLEE, WITHOUT MAKING ANY FINDING THAT THEIR CONTINUED
PARTICIPATION DID MATERIALLY PREDJUDICE APPELLEE, AS REQUIRED BY
ARTICLE 59(a),
UCMJ.
Appellant
will file a brief in accordance with Rule 24 in support of the
certified issues
on or before the 11th day of May, 2009. Appellee
will file an answer no later than 30
days after the filing of Appellant’s brief.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-145
Wednesday,
April 8, 2009
CERTIFICATES FOR
REVIEW FILED
No. 09-5003/AF.
WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN
DENYING THE UNITED STATES’ REQUEST THAT
THE COURT ORDER AN AFFIDAVIT FROM APPELLEE’S ORIGINAL MILITARY DEFENSE
COUNSEL.
WHETHER
AN “IMPRESSION” LEFT BY CIVILIAN DEFENSE COUNSEL THAT APPELLEE MAY NOT
HAVE TO
REGISTER AS A SEX OFFENDER AMOUNTED TO AN AFFIRMATIVE MISREPRESENTATION
AND LED
TO
APPELLEE
RECEIVING INEFFECTIVE ASSISTANCE OF COUNSEL.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0513/AF.
INTERLOCUTORY ORDERS
No.
08-0779/AR.
No.
09-0370/AR.
No.
09-0406/AR.
DAILY
JOURNAL
No.
09-144
Tuesday,
April 7, 2009
RETURN OF RECORD FROM COURT OF CRIMINAL
APPEALS
No.
07-0253/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0509/AR.
No.
09-0510/CG.
No.
09-0511/AR.
No.
09-0512/AR.
INTERLOCUTORY ORDERS
No.
08-0770/MC.
_____________________
* Chief Judge
Andrew S. Effron, Judge James E. Baker, and Judge Margaret A. Ryan have
recused
themselves from this case and did not participate in this order. Senior Judge Robinson O. Everett, Senior
Judge Walter T. Cox III, and Senior Judge H. F. “Sparky” Gierke have
been
called upon by Acting Chief Judge Charles E. “Chip” Erdmann and
consented to
participate in this case pursuant to Article 142(e)(1)(A)(iii), Uniform
Code of
Military Justice, 10 U.S.C. § 942(e)(1)(A)(iii) (2000).
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-143
Monday,
April 6, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0508/MC.
INTERLOCUTORY ORDERS
No.
08-0736/AR.
No.
09-0030/AR.
No.
09-0121/AR.
No.
09-0433/AR.
No.
09-0440/AR.
No.
09-8019/AR. Joshua A. DIXON, Appellant
v. F. L. HAGENBECK, Lieutenant General, U.S. Army, Convening Authority,
and
Andrew J. GLASS, Lieutenant Colonel, U.S. Army, Military Judge, and The
United
States, Appellees. Appellee’s motion to
file a second supplement to the joint appendix is granted.
MANDATES ISSUED
No.
08-0589/AF.
DAILY
JOURNAL
No.
09-142
Friday,
April 3, 2009
MANDATES ISSUED
No.
08-0431/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-141
Thursday,
April 2, 2009
ORDERS GRANTING
PETITION FOR REVIEW
No.
08-0707/AF.
APPELLANT WAS
CONVICTED OF
RAPE AND ADULTERY BASED ON A SINGLE ACT OF SEXUAL INTERCOURSE. DURING THE COURT-MARTIAL, THE PROSECUTION'S
EXPERT PSYCHOLOGIST PROVIDED HUMAN LIE DETECTOR TESTIMONY THAT
BOLSTERED THE
ALLEGED VICTIM'S RAPE ACCUSATION. BASED
ON THIS TESTIMONY, THE AIR FORCE COURT OF CRIMINAL APPEALS SET ASIDE
THE RAPE
CONVICTION. HOWEVER, IT AFFIRMED THE
ADULTERY CONVICTION. DID THE COURT ERR
SINCE THE MEMBERS MUST HAVE BASED THEIR ADULTERY CONVICTION ON THE
FORCE AND
CONSENT FINDINGS OF RAPE THAT WERE SET ASIDE?
The record of
trial is
returned to the Judge Advocate General of the Air Force for remand to
the Air
Force Court of Criminal Appeals for consideration of the granted issue
and
completion of its Article 66(c), UCMJ, review. Thereafter, Article 67, UCMJ, 10 U.S.C. § 867
(2000), shall apply.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 09-0193/AF.
No. 09-0303/AR.
No. 09-0311/AR.
No. 09-0355/AF.
No. 09-0361/AR.
No. 09-0372/AR.
INTERLOCUTORY ORDERS
No. 09-0261/AF.
No. 09-0425/AR.
No. 09-0431/AR.
No. 09-0434/AR.
No. 09-0436/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-140
Wednesday,
April 1, 2009
APPEALS - SUMMARY DISPOSITIONS
No. 09-0247/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 09-0247/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0796/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0507/AR.
INTERLOCUTORY ORDERS
No. 09-5001/MC.
_____________________
*
It is directed that the promulgating
order be corrected to reflect that Appellant pleaded not guilty to the
specification of Charge II.