UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-020
Wednesday,
September 30, 2009
ORDERS GRANTING
PETITION FOR REVIEW
No. 09-0720/MC.
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED EVIDENCE OF
FILE
NAMES FOUND ON APPELLANT'S COMPUTER THAT WERE SUGGESTIVE OF HAVING
CONTAINED
CHILD PORNOGRAPHY BUT WHOSE ACTUAL CONTENT WAS UNKNOWN, ALLOWING THE
GOVERNMENT
TO ARGUE APPELLANT'S PROPENSITY OR MOTIVE TO COMMIT SODOMY OR INDECENT
ACTS
WITH A MINOR.
Briefs
will be filed under Rule 25.
CERTIFICATES FOR REVIEW FILED
No.
10-6001/MC.
I.
WHETHER A “REPORTER’S PRIVILEGE”
APPLIES
IN MILITARY COURTS-MARTIAL UNDER THE FIRST AMENDMENT TO THE
CONSTITUTION OF THE
UNITED STATES AND MILITARY RULE OF EVIDENCE 501(a)(1).
II. WHETHER A “REPORTER’S PRIVILEGE” APPLIES IN
MILITARY COURTS-MARTIAL UNDER MILITARY RULE OF EVIDENCE 501(a)(4) AS A
PRINCIPLE OF COMMON LAW GENERALLY RECOGNIZED IN THE TRIAL OF CRIMINAL
CASES IN
THE UNITED STATES DISTRICT COURTS PURSUANT TO RULE 501 OF THE FEDERAL
RULES OF
EVIDENCE.
III. WHETHER THE
MILITARY JUDGE ABUSED
HIS DISCRETION IN APPLYING A “REPORTER’S PRIVILEGE” UNDER MILITARY RULE
OF
EVIDENCE 501(a)(4) AS THE BASIS FOR QUASHING A GOVERNMENT SUBPOENA FOR
CBS’S NONBROADCAST
AUDIO-VIDEO “OUTTAKES” OF AN INTERVIEW WITH THE ACCUSED THAT WERE
OTHERWISE DISCOVERABLE
UNDER RULE FOR COURTS-MARTIAL 703.
Further
action on the certificate shall be held in abeyance pending the Court’s
final
action on the motion.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-019
Tuesday,
September 29, 2009
PETITION FOR
RECONSIDERATION DENIED
No. 08-0770/MC.
U.S. v. Richard J. ASHBY. CCA
200000250. On consideration of Appellant’s
petition for reconsideration of this Court’s decision, 68 M.J. 108
(C.A.A.F.
2009), it is ordered that said petition for reconsideration be, and the
same is
hereby denied.
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 United States, Appellees.
CCA 20090001. On consideration of
the Appellant’s petition for reconsideration of this Court’s order
issued on
May 4, 2009, it is ordered that said petition is hereby denied.
INTERLOCUTORY ORDERS
No. 09-0223/AR.
U.S. v. Jeffrey A. LORENZ. CCA
20061071. Appellee's motion to file
answer to the supplement to the petition for grant of review out of
time is
hereby denied.
No. 09-0535/NA.
U.S. v. Matthew M. DIAZ. CCA
200700970. Appellant's motion to extend
time to file a brief granted, up to
and including October 19, 2009, and absent extraordinary circumstances,
no
further extension of time will be granted in this case.
No. 09-0662/AF.
U.S. v. Joshua E. MCCOWEN. CCA
37189. Appellant's motion to submit
corrected supplement to the petition for grant of review granted.
No. 09-0801/AR.
U.S. v. Charles A. HORN. CCA
20050373. Appellant's motion to extend
time to file the supplement to the petition for grant of review
granted, up to
and including October 8, 2009.
No. 09-0805/AR.
U.S. v. Joshua A. GLOVER. CCA
20080507. Appellant's motion to extend
time to file the supplement to the petition for grant of review
granted, up to
and including October 13, 2009.
No. 09-0806/AR.
U.S. v. Wedzell ESCOTT-HOLMES.
CCA 20081011. Appellant's motion
to extend time to file the supplement to the petition for grant of
review
granted, up to and including October 13, 2009.
No. 09-0814/AR.
U.S. v. Ian A. PETTIBONE. CCA
20070485. Appellant's motion to extend
time to file the supplement to the petition for grant of review
granted, up to
and including October 13, 2009.
No. 09-0822/AR.
U.S. v. Jessica E. ESTRADA. CCA
20070778. Appellant's motion to extend
time to file the supplement to the petition for grant of review
granted, up to
and including October 13, 2009.
No. 10-0009/AR.
U.S. v. Daniel J. JOHANNESSON.
CCA 20070131. Appellant's motion
to extend time to file the supplement to the petition for grant of
review
granted, up to and including October 13, 2009.
No. 10-0010/AR.
U.S. v. Daniel Y. YOON. CCA
20080350. Appellant's motion to extend
time to file the supplement to the petition for grant of review
granted, up to
and including October 13, 2009.
No. 10-0039/MC.
U.S. v. Edwin A. EHLERS. CCA
200800190. On consideration
of Appellant’s motion
to file the supplement out of time and to extend time to file the
supplement to
the petition for grant of review, it is ordered that said motions are
hereby
granted, and that the supplement to the petition for grant of review
will be
filed on or before October 15, 2009.
No. 10-0040/MC.
U.S. v. Joshua W. SCOTT. CCA
200800642. Appellant's motion to extend
time to file the supplement to the petition for grant of review
granted, up to
and including October 19, 2009.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-018
Monday,
September 28, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0040/MC.
No.
10-0041/NA.
No.
10-0042/AR.
No.
10-0043/AR.
No.
10-0044/AR.
No.
10-0045/AR.
No.
10-0046/AR.
No.
10-0047/AR.
No.
10-6001/MC.
INTERLOCUTORY ORDERS
No.
09-0810/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-017
Friday,
September 25, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0039/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-016
Thursday,
September 24, 2009
MISCELLANEOUS DOCKET -
FILINGS
DAILY
JOURNAL
No.
10-015
Wednesday,
September 23, 2009
HEARINGS
No. 09-5003/AF.
No. 09-5002/NA.
APPEALS - SUMMARY DISPOSITIONS
No.
09-0539/AR.
* The
Army Court of Criminal Appeals’ order correcting the promulgating order
is
vacated. It is directed that the
promulgating order be corrected by deleting the word “less” in
Specification 3
of Charge II and substituting therefore the word “more.”
ORDERS GRANTING PETITION FOR REVIEW
No.
09-0539/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 09-0541/AR.
No. 09-0747/AR.
No. 09-0773/AR.
No. 10-0008/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 10-0037/AR.
No. 10-0038/AR.
INTERLOCUTORY ORDERS
No. 10-0033/AR.
No. 10-0034/AR.
No. 10-0035/AR.
No. 10-0036/MC.
MANDATES ISSUED
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-014
Tuesday,
September 22, 2009
HEARINGS
No. 08-0344/AR.
No. 09-0043/AR.
APPEALS - SUMMARY DISPOSITIONS
No.
05-0159/AR.
ORDERS GRANTING PETITION FOR REVIEW
No.
05-0159/AR.
No.
09-0519/NA.
I.
WHETHER APPELLANT'S PLEAS ARE PROVIDENT WHERE
THE DEFERRED/WAIVED FORFEITURE PROVISIONS OF THE PRETRIAL AGREEMENT
ALLEGEDLY
WERE NOT FULFILLED.
II. WHETHER TRIAL
DEFENSE COUNSEL PROVIDED INEFFECTIVE ASSISTANCE OF COUNSEL FOR
ALLEGEDLY
FAILING TO SET UP AN ALLOTMENT FOR APPELLANT IN ACCORDANCE WITH THE
PRETRIAL
AGREEMENT.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 09-0671/AF.
No. 09-0745/AF.
No. 09-0760/AR.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No. 10-0011/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 10-0033/AR.
No. 10-0034/AR.
No. 10-0035/AR.
No. 10-0036/MC.
In the Matter of
the
RULES ADVISORY COMMITTEE
Pursuant to Rule
45 of the
Rules of Practice and
John F.
DePue, Esq.
Malcolm
Squires, Jr., Esq.
The
following members, whose terms expire on the dates indicated below,
remain on
the Rules Advisory Committee:
To expire on
September 30, 2010:
Professor
Steven H. Goldblatt, Chair
Matthew S.
Freedus, Esq.
Professor
Jane Aiken
Captain
Kyle
To expire on
September 30, 2011:
Professor
Mary Cheh
Mary T.
Hall, Esq.
Colonel
Mark Tellitocci,
Major
Jeremy S. Weber,
Colonel
Barbara G. Brand, U.S. Air Force, is hereby appointed to replace
Colonel James
R. Wise, U.S. Air Force, who has been reassigned. Colonel
Brand’s term will expire on September
30, 2012.
William A.
DeCicco, Clerk of the Court, is an ex officio member of
the
Committee, and serves as its Reporter.
The Court
wishes to express its great appreciation to Colonel James R. Wise, U.S.
Air
Force, and Captain Adam S. Kazin,
For
the Court,
/s/ William A. DeCicco
Clerk
of the Court
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-013
Monday,
September 21, 2009
HEARINGS
No.
09-5004/NA.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0610/NA.
No.
09-0639/AF.
No.
09-0643/AF.
No.
09-0751/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0029/AF.
No.
10-0030/AF.
No.
10-0031/AF.
No.
10-0032/AF.
INTERLOCUTORY ORDERS
No.
09-0809/AR.
No.
10-0025/AR.
No.
10-0026/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-012
Friday,
September 18, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
09-0533/NA.
No.
09-0576/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0026/MC.
No.
10-0027/AR.
No.
10-0028/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-011
Thursday,
September 17, 2009
ORDERS GRANTING
PETITION FOR REVIEW
No. 09-0523/AF.
I.
WHETHER APPELLANT
WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL.
II. WHETHER THE
LOWER COURT ABUSED ITS DISCRETION IN FAILING TO GRANT
APPELLANT'S REQUEST FOR CM'S MENTAL HEALTH RECORDS FROM
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0585/AF.
No.
09-0645/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0025/AR.
MANDATES ISSUED
No.
09-0119/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-010
Wednesday,
September 16, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
09-0502/AF.
No.
09-0551/AR.
No.
09-0606/AR.
No.
09-0682/AR.
No.
09-0691/AF.
No.
09-0695/AR.
No.
09-0736/AR.
No.
09-0753/AR.
No.
09-0765/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0023/AR.
No.
10-0024/MC.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
09-8031/NA.
MISCELLANEOUS DOCKET - FILINGS
PETITIONS FOR RECONSIDERATION DENIED
No.
09-0265/MC.
INTERLOCUTORY ORDERS
No.
09-0523/AF.
*BAKER, Judge,
with whom EFFRON, Chief
Judge, joins (dissenting):
Airman Basic
Witt, an appellant in the Court of
Criminal Appeals, requests the opportunity to file an amicus brief to
inform
this court as to how the issue(s) presented in the instant case will,
in his
view, impact the broader and uniform application of the law, including
in his
case. Our rules do not preclude such a filing, nor indicate the
standards
by which this court should evaluate such a request. In that
context, the
courthouse door should be open, not closed. As a result, I would
grant
the motion; the court could then determine what consideration and
weight, if
any, to give to the filing.
No.
09-0576/AF.
No.
09-5002/NA.
No.
09-5006/AF.
No.
09-8025/AR; 09-8026/AR.
No.
10-0001/AR.
No.
10-0021/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-009
Tuesday,
September 15, 2009
APPEALS - SUMMARY
DISPOSITIONS
No. 09-0304/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0022/AR.
INTERLOCUTORY ORDERS
No. 08-0719/CG.
No.
09-8028/NA. Frank J. OSHESKIE,
Petitioner v.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-008
Monday,
September 14, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0018/AF.
No.
10-0019/AF.
No.
10-0020/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-007
Friday,
September 11, 2009
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
09-0777/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0012/AF.
No.
10-0013/AF.
No.
10-0014/AF.
No.
10-0015/AF.
No.
10-0016/AF.
No.
10-0017/AR.
INTERLOCUTORY ORDERS
No.
09-0271/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-006
Thursday,
September 10, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0011/AR.
INTERLOCUTORY ORDERS
No.
09-0756/AR.
No.
09-0762/AR.
No.
09-0779/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-005
Wednesday,
September 9, 2009
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0688/AF.
No.
09-0743/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0009/AR.
No.
10-0010/AR.
INTERLOCUTORY ORDERS
No.
08-0757/AR.
No.
09-0731/AR.
No.
09-0788/AR.
No.
09-0795/MC.
No. 10-0003/AR.
MANDATES ISSUED
No.
06-8006/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-004
Tuesday,
September 8, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0008/AF.
DAILY
JOURNAL
No.
10-003
Thursday,
September 3, 2009
ORDERS GRANTING
PETITION FOR REVIEW
No. 09-0458/AF.
WHETHER THE
MILITARY JUDGE ERRED IN DENYING THE DEFENSE
MOTION TO SUPPRESS APPELLANT'S ORAL AND WRITTEN STATEMENTS BASED ON A
VIOLATION
OF ARTICLE 31, UCMJ.
WHETHER
THE FACTS CHARGED IN THE SPECIFICATION ARE SUFFICIENT AS A MATTER OF
LAW TO
SUPPORT A CHARGE FOR SOLICITATION OF INDECENT LIBERTIES WITH A CHILD
UNDER
ARTICLE 134, UCMJ, WHERE THE PERSON SOLICITED WAS THAT CHILD.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0370/AR.
No.
09-0664/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No. 10-0006/AR.
No.
10-0007/AR.
INTERLOCUTORY ORDERS
No.
09-0342/AF.
No.
09-0780/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-002
Wednesday,
September 2, 2009
APPEALS - SUMMARY
DISPOSITIONS
No.
09-0728/AF.
*
It is noted that the decision of the United States Air Force Court of
Criminal
Appeals incorrectly stated that Appellant was tried by a general
court-martial. In fact, as the prefatory
information of that decision correctly indicates, this was a special
court-martial.
No.
09-0778/AF.
WHETHER THE
AFFIRMED
FORFEITURE OF PAY WAS IN VIOLATION OF RULE FOR COURTS-MARTIAL
1003(b)(2) WHERE
IT WAS NOT STATED IN A WHOLE DOLLAR AMOUNT.
The
decision of
the United States Air Force Court of
Criminal Appeals is affirmed as to findings and only so much of the
sentence as
provides for a bad-conduct discharge, confinement for six months,
forfeiture of
$898.00 pay per month for six months, and a $1,000.00 fine. [See
also ORDERS GRANTING PETITION FOR REVIEW
this date.]
ORDERS GRANTING PETITION FOR REVIEW
No.
09-0535/NA.
I.
WHETHER
THE LOWER COURTS MISREAD THE SCIENTER AND NATIONAL SECURITY ELEMENTS OF
THE
ESPIONAGE ACT.
II. WHETHER THE MILITARY JUDGE ABUSED HIS
DISCRETION IN REJECTING AS IRREGULAR APPELLANT'S PROFFERED GUILTY PLEA
TO A
VIOLATION OF ARTICLE 133.
III. WHETHER THE
EVIDENCE OF THE CIRCUMSTANCES UNDER WHICH AN ACCUSED ACTED, INCLUDING
HIS
MOTIVE, IS RELEVANT TO A CHARGE UNDER ARTICLE 133.
Briefs will be
filed under
Rule 25.
No. 09-0728/AF.
No.
09-0778/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 09-0479/AR.
No. 09-0495/AR.
No. 09-0510/CG.
No. 09-0526/AF.
No. 09-0531/AR.
No. 09-0534/AR.
No. 09-0626/AR.
No. 09-0665/AR.
No. 09-0672/MC.
No. 09-0677/AR.
No. 09-0684/AR.
No. 09-0685/AR.
No. 09-0689/AF.
No. 09-0724/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 10-0005/AF.
MISCELLANEOUS DOCKET – INTERLOCUTORY ORDERS
Misc. Nos.
09-8025/AR and 09-8026/AR. Hasan K. AKBAR,
Petitioner v. United States,
Respondent. CCA 20050514.
Petitioner's motion to attach a medical journal
article granted; the petitions for extraordinary relief are denied
without
prejudice to Petitioner’s right to raise the issues asserted during the
normal
course of appellate review.
INTERLOCUTORY ORDERS
No. 08-0644/AR.
No. 09-0145/AR.
No. 09-0604/MC.
No. 09-0619/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-001
Tuesday,
September 1, 2009
PETITIONS FOR GRANT OF
REVIEW FILED
No. 10-0001/AR.
No. 10-0002/AR.
No. 10-0003/AR.
No. 10-0004/AR.
PETITIONS FOR RECONSIDERATION DENIED