UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-139
Tuesday,
March 31, 2009
APPEALS-SUMMARY DISPOSITIONS
No. 08-0738/NA.
Under Article
66(c), Uniform
Code of Military Justice (UCMJ), 10 U.S.C. § 866(c) (2000), the Court
of
Criminal Appeals may act only with respect to the findings as approved
by the
convening authority. Under these
circumstances,
we conclude that, in affirming a finding of guilty of communicating
indecent
language, the Court of Criminal Appeals exceeded its authority. See
Accordingly, it
is ordered that the decision of the United States Navy-Marine Corps
Court of Criminal Appeals is reversed as to Additional Charge III and
its sole
specification and as to sentence. The
finding of guilty of communicating indecent language under Additional
Charge
III is set aside and a finding of guilty of attempted communication of
indecent
language is hereby affirmed under Article 80, UCMJ, 10 U.S.C. § 880
(2000). The remaining findings are
affirmed. The record of trial is returned
to the Judge Advocate General of the Navy for remand to the Court of
Criminal
Appeals for reassessment of the sentence in light of the amended
findings.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0048/NA.
No.
09-0131/AF.
No. 09-0208/AF.
No.
09-0256/MC.
No.
09-0282/AF.
No.
09-0297/AR.
No.
09-0321/AR.
No.
09-0329/AF.
No.
09-0333/AF.
No.
09-0335/AR.
No.
09-0341/AR.
No. 09-0344/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0506/AR.
INTERLOCUTORY ORDERS
No. 08-0746/MC.
____________________
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-138
Monday,
March 30, 2009
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0720/AF.
No.
09-0500/CG.
No.
09-0501/AF.
No.
09-0502/AF.
No.
09-0503/AR.
No.
09-0504/MC.
No.
09-0505/MC.
INTERLOCUTORY
ORDERS
No.
09-0262/AF.
No. 09-8018/NA. Michael C. DIPAOLA, Petitioner v.
Respondent's
motion to extend time to file a response to Court's order granted, up
to and
including April 6, 2009.
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, and 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. On consideration of
Appellant’s
motion to stay proceedings, it is ordered that said motion is hereby
granted
pending further order of the Court regarding the writ-appeal petition.
*
Second petition filed in this case.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-137
Friday,
March 27, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 09-0196/AR.
No. 09-0368/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 09-0488/AR.
No. 09-0489/AF.
No. 09-0490/AF.
No. 09-0491/AF.
No. 09-0492/AF.
No. 09-0493/AF.
No. 09-0494/AF.
No. 09-0495/AR.
No. 09-0496/AR.
No. 09-0497/AR.
No. 09-0498/AR.
No. 09-0499/AR.
INTERLOCUTORY ORDERS
No. 08-0746/MC.
No. 08-0770/MC.
No. 09-0415/AR.
No. 09-0416/AR.
No. 09-0417/AR.
No. 09-0418/AR.
No. 09-0419/AR.
No. 09-0420/AR.
No. 09-0421/AR.
No. 09-0422/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-136
Thursday,
March 26, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
09-0202/AF.
No.
09-0222/AR.
No.
09-0254/AF.
No.
09-0260/AF.
No.
09-0312/AR.
No.
09-0348/AF.
No.
09-0369/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0485/AR.
No.
09-0486/AR.
No. 09-0487/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
09-8020/AF. Ronald J. WEBB, Jr., v.
Major General Stephen L. Hogg, USAFWC/CC, General Court-Martial
Convening
Authority, Nellis AFB, NV, and Colonel Howard D. Belote, 99ABW/CC,
Special
Court-Martial Convening Authority, Nellis AFB, NV, and Colonel David S.
Castro,
HW AF/JATW, Military Judge, Appellees. CCA
2009-01. Notice is hereby given that a
writ-appeal petition for review of the decision of the United States
Air Force
Court of Criminal Appeals on application for extraordinary relief was
filed
under Rule 27(b) on this date.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-135
Wednesday,
March 25, 2009
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0483/AR.
No.
09-0484/AR.
INTERLOCUTORY ORDERS
No.
09-0432/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. CCA
20090001. Appellant's motion to file
supplement to joint appendix granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-134
Tuesday,
March 24, 2009
INTERLOCUTORY ORDERS
No.
08-0621/AF.
No.
08-0736/AR.
No.
08-0740/AR.
No.
09-0032/NA.
No.
09-0119/MC.
No.
09-0121/AR.
No. 09-0236/AR.
No. 09-0371/AR.
No.
09-0405/AR.
No.
09-0406/AR.
DAILY
JOURNAL
No.
09-133
Monday,
March 23, 2009
INTERLOCUTORY ORDERS
No.
09-0371/AR.
DAILY
JOURNAL
No.
09-132
Friday,
March 20, 2009
NOTICE OF FILING
No.
09-5002/NA.
Notice is
hereby given that a motion for enlargement of time to file a
certificate for
review of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals was filed by Appellant under Rule 30 on this date.
PETITIONS FOR GRANT OF REVIEW FILED
No. 09-0481/AR.
No.
09-0482/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-131
Thursday,
March 19, 2009
ORDERS GRANTING
PETITION FOR REVIEW
No.
08-0808/AR.
WHETHER TRIAL
DEFENSE
COUNSEL PROVIDED, TO THE SUBSTANTIAL PREJUDICE OF APPELLANT,
INEFFECTIVE ASSISTANCE
OF COUNSEL IN THE POST-TRIAL PHASE WHEN HE, WITHOUT CONSULTING WITH
APPELLANT,
SUBMITTED MATTERS TO THE CONVENING AUTHORITY BUT FAILED TO SUBMIT
APPELLANT'S
PERSONAL STATEMENT.
No.
09-0043/AR.
WHETHER APPELLANT
COMMITTED
LARCENIES OF M.S.'S PROPERTY BY ENGAGING IN THE UNAUTHORIZED USE OF HER
CREDIT,
DEBIT, AND ATM CARDS.
WHETHER A
VARIANCE AS TO
OWNERSHIP IN LARCENY CASES IS FATAL IF THERE IS LEGALLY SUFFICIENT
EVIDENCE
THAT APPELLANT STILL COMMITTED A LARCENY OF PROPERTY.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No. 09-0478/AR.
No. 09-0479/AR.
No. 09-0480/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc. 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. CCA 20090001.
INTERLOCUTORY ORDERS
No. 09-0370/AR.
No. 09-0390/CG.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-130
Wednesday,
March 18, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0771/CG.
No.
09-0011/AR.
No.
09-0100/AR.
No.
09-0226/AR.
No.
09-0307/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0475/AF.
No.
09-0476/AF.
No.
09-0477/AR.
MANDATES ISSUED
No.
08-0072/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-129
Tuesday,
March 17, 2009
HEARINGS
No.
08-0594/MC.
No.
08-0805/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0038/AF.
No.
09-0206/AF.
No.
09-0243/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0471/AR.
No.
09-0472/AR.
No.
09-0473/AR.
No.
09-0474/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
09-8018/NA. Michael C. DIPAOLA, Petitioner
v.
INTERLOCUTORY ORDERS
No.
09-0388/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-128
Monday,
March 16, 2009
ORDERS GRANTING
PETITION FOR REVIEW
No. 09-0185/AR.
WHETHER,
AFTER FINDING THE EVIDENCE FACTUALLY INSUFFICIENT TO SUPPORT A FINDING
OF
GUILTY TO THE ADDITIONAL CHARGE AND ITS SPECIFICATION (FORGERY), THE
ARMY COURT ERRED
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0454/AR.
No.
09-0455/AF.
No.
09-0456/AF.
No.
09-0457/AF.
No.
09-0458/AF.
No.
09-0459/AF.
No. 09-0460/AF.
No.
09-0461/AF.
No.
09-0462/AF.
No.
09-0463/AF.
No.
09-0464/AF.
No.
09-0465/AF.
No.
09-0466/AF.
No.
09-0467/AF.
No.
09-0468/AF.
No. 09-0469/AR.
No.
09-0470/NA.
INTERLOCUTORY ORDERS
No.
09-0343/AR.
DAILY
JOURNAL
No.
09-127
Friday,
March 13, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0452/MC.
No.
09-0453/MC.
INTERLOCUTORY ORDERS
No.
09-0243/AR.
No.
09-0300/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-126
Thursday,
March 12, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
09-0067/AR.
No.
09-0234/AR.
No.
09-0314/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0158/AR.
No.
09-0450/MC.
No.
09-0451/AR.
___________________
*
Second petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-125
Wednesday,
March 11, 2009
ORDERS GRANTING
PETITION FOR REVIEW
No. 08-0719/CG.
WHETHER
THE MILITARY JUDGE VIOLATED APPELLANT'S CONSTITUTIONAL RIGHT TO
CONFRONT HIS
ACCUSERS BY LIMITING HIS CROSS-EXAMINATION OF [SR], THE GOVERNMENT'S
ONLY
WITNESS, ON THREE OF THE FIVE CHARGES.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0096/AR.
No.
09-0213/AR.
No.
09-0286/AF.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
09-8014/NA. Gary R. JACKSON, Appellant v.
Colleen
Glaser-Allen, Commander, Judge Advocate General’s Corps, U.S. Navy
Military
Judge, and Robert R. Rabuse, Captain, U.S. Navy Commanding Officer,
U.S. Naval
Support Activity, Naples, Italy, and The United States, Appellees. CCA 200900100. On
consideration of the writ-appeal petition
and Appellant’s motion for a stay of proceedings, said petition is
hereby denied, and said motion is hereby
denied as moot.
MANDATES ISSUED
No.
07-0900/MC.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-124
Tuesday,
March 10, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 09-0041/NA.
No. 09-0092/AF.
No. 09-0103/AF.
No. 09-0109/AF.
No. 09-0122/AF.
No. 09-0182/AF.
No. 09-0207/AF.
No. 09-0240/AF.
No. 09-0241/AR.
No. 09-0285/AF.
No. 09-0332/AF.
No. 09-0367/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 09-0448/AR.
No. 09-0449/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
09-8016/NA.
Misc. No.
09-8017/AF. In re Andrew P. WITT. 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 February 23, 2009, and placed on the docket this 10th day of
March,
2009. On consideration thereof, said
petition is hereby denied.
INTERLOCUTORY ORDERS
No. 08-0808/AR.
No. 09-0096/AR.
No. 09-5001/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-123
Monday,
March 9, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0445/AF.
No.
09-0446/NA.
No.
09-0447/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-122
Friday,
March 6, 2009
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0856/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0856/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0101/MC.
No. 09-0115/AR.
No.
09-0128/AR.
No.
09-0200/AF.
No.
09-0229/AR.
No.
09-0230/AF.
No.
09-0266/AR.
No.
09-0272/AF.
No.
09-0275/AF.
No.
09-0283/AF.
No.
09-0292/AF.
No.
09-0294/AF.
No.
09-0306/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0441/AF.
No.
09-0442/AF.
No.
09-0443/AF.
No.
09-0444/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-121
Wednesday,
March 4, 2009
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0440/AR.
PETITIONS FOR RECONSIDERATION DENIED
No. 07-0900/MC.
INTERLOCUTORY ORDERS
No.
09-0370/AR.
No.
09-0374/AR.
No.
09-5001/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-120
Tuesday,
March 3, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0431/AR.
No.
09-0432/AR.
No.
09-0433/AR.
No.
09-0434/AR.
No.
09-0435/AR.
No.
09-0436/AR.
No. 09-0437/AR.
No.
09-0438/AR.
No.
09-0439/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
09-8014/NA. Gary R. JACKSON, Appellant v.
Colleen Glaser-Allen, Commander, Judge Advocate General’s
INTERLOCUTORY ORDERS
No.
09-0365/AR.
No.
09-0371/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
09-119
Monday,
March 2, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0430/AF.