UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-237
Tuesday,
August 31, 2010
PETITIONS FOR GRANT
OF REVIEW DENIED
No.
10-0513/AR.
No.
10-0523/AF.
No.
10-0578/AF.
No.
10-0582/AR.
No.
10-0598/AR.
No.
10-0615/AR.
No.
10-0620/AR.
No.
10-0634/AF.
PETITIONS FOR
RECONSIDERATION DENIED
No.
10-0624/AR.
INTERLOCUTORY
ORDERS
No.
09-5003/AF.
No.
10-0251/AF.
No.
10-5003/MC.
No.
10-6008/AF.
ANNOUNCEMENT
BY
THE CLERK OF THE COURT
OF
THE CUMULATIVE SUMMARY OF
COURT
WORKLOAD STATISTICS
FOR
THE SEPTEMBER 2009 TERM OF COURT
I.
CUMULATIVE
PENDING SEPTEMBER 1, 2009
Master Docket . .
. . . .
. . . . . . . . . 30
Petition Docket .
. . . .
. . . . . . . . . 213
Miscellaneous
Docket. . .
. . . . . . . . . 5
TOTAL . . . . . . . . . . . . . . . . .
248
II.
CUMULATIVE
FILINGS
Master Docket . .
. . . .
. . . . . . . . . 94
Petition Docket .
. . . .
. . . . . . . . . 721
Miscellaneous
Docket. . .
. . . . . . . . . 29
TOTAL . . . . . . . . . . . . . . . . .
844
III. CUMULATIVE
TERMINATIONS
Master Docket . .
. . . .
. . . . . . . . . 94
Petition Docket .
. . . .
. . . . . . . . . 843
Miscellaneous
Docket. . .
. . . . . . . . . 30
TOTAL . . . . . . . . . . . . . . . . .
967
IV.
CUMULATIVE
PENDING SEPTEMBER 1, 2010
Master Docket . .
. . . .
. . . . . . . . . 30
Petition Docket .
. . . .
. . . . . . . . . 91
Miscellaneous
Docket. . .
. . . . . . . . . 4
TOTAL . . . . . . . . . . . . . . . . .
125
V.
CASES
ON MASTER DOCKET CARRIED OVER TO THE
SEPTEMBER
2010 TERM OF COURT (30)
AWAITING
ORAL ARGUMENT OR FINAL DISPOSITION (20)
05-0157/NA – LUKE
08-0335/NA – JONES
09-0441/AF –
BLAZIER
09-0660/AF –
GARCIA-VARELA
09-5003/AF – ROSE
10-0172/AR –
ALSTON
10-0182/AF – WHITE
10-0237/AF –
STATON
10-0251/AF – GOOCH
10-0262/MC –
10-0317/NA -
SAVALA
10-0319/MC –
ROBINSON
10-0332/AF –
10-0334/AF –
SAVARD
10-0345/AF –
PRATHER
10-0349/AR –
STEFAN
10-0447/AF – POPE
10-0468/AR –
WATSON
10-5003/MC -
HUTCHINS
10-6002/AF –
SKREDE
AWAITING
BRIEFS (10)
07-0253/NA
– HALSEMA
10-0178/AF
– ST BLANC
10-0383/MC
– SULLIVAN
10-0397/AR
– SOTO
10-0481/AR
– EDWARDS
10-0484/AR
– LEWIS
10-0494/AF
– BEATY
10-0565/AF
– LOFTON
10-5004/AF
– HUMPHRIES
10-6010/CG
- DALY
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-236
Friday,
August 27, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0700/AR.
No.
10-0701/AR.
No.
10-0702/AR.
No.
10-0703/AR.
UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-235
Thursday,
August 26, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0696/AF.
No.
10-0697/AF.
No.
10-0698/AR.
No.
10-0699/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-234
Wednesday,
August 25, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0693/AR.
No.
10-0694/AR.
No.
10-0695/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-233
Tuesday,
August 24, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0691/AR.
No.
10-0692/AR.
INTERLOCUTORY ORDERS
No.
10-0349/AR.
No.
10-6010/CG.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-232
Monday,
August 23, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
09-0185/AR.
No.
10-0608/AR.
No.
10-0635/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0689/AR.
No.
10-0690/AR.
MANDATES ISSUED
No.
07-0401/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-231
Thursday,
August 19, 2010
PETITIONS FOR GRANT
OF REVIEW DENIED
No.
10-0473/AR.
PETITIONS FOR GRANT
OF REVIEW FILED
No.
10-0291/NA.
SPECIAL DOCKET MATTERS
No.
10-20. In the Matter of Steven D. Smith.
It appearing that the above-named attorney is a member of the Bar of
this
Court, that he has been convicted of two felonies in Fairfax County
Circuit
Court in the Commonwealth of Virginia, and that he has waived notice
and
opportunity to be heard prior to consideration of disciplinary action
under
Rule 15(c) of the Court’s Rules of Practice and Procedure, it is
ordered that
Steven D. Smith is hereby disbarred from the practice of law before
this Court
effective this date.**
____________________
*
Second petition filed in this case.
**
Chief Judge
Effron and Judge Erdmann did not
participate in the consideration or disposition of this matter.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-230
Wednesday,
August 18, 2010
CERTIFICATE FOR REVIEW
No.
10-6010/CG.
WHETHER THE
COAST GUARD COURT OF CRIMINAL APPEALS ERRED IN APPLYIING THE STANDARD
OF FAIR
NOTICE, AS OPPOSED TO MISTAKE OF LAW, IN AFFIRMING THE MILITARY JUDGE’S
FINDING
THAT, UNDER COAST GUARD REGULATIONS, THE ACCUSED WOULD NOT HAVE KNOWN
HIS
CONDUCT WAS CRIMINAL AND THEREFORE HE COULD NOT BE PUNISHED UNDE
ARTICLE 134,
UCMJ.
WHETHER THE
COAST GUARD COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING THE MILITARY
JUDGE’S
RULING THAT THE ACCUSED LACKED NOTICE OF THE CRIMINALITY OF HIS CONDUCT
UNDER
ARTICLE 134, UCMJ,
WHETHER THE
COAST GUARD COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING THE MILITARY
JUDGE’S
ORDER DISMISSING THE CHARGE AND SPECIFICATIONS, WHERE THE MILITARY
JUDGE DENIED
A MOTION FOR RECONSIDERATION AND FAILED TO HOLD AN EVIDENTARY HEARING
TO
DETERMINE WHETHER THE ACCUSED ACTUALLY RELIED ON COAST GUARD
REGULATIONS BEFORE
COMMITTING THE CHARGED MISCONDUCT.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0414/AR.
No.
10-0633/AF.
No.
10-0645/AF.
No.
10-0661/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0686/AR.
No.
10-0687/AR.
No.
10-0688/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-229
Tuesday,
August 17, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0680/AR.
No.
10-0681/AF.
No.
10-0682/AF.
No.
10-0683/AF.
No.
10-0684/AF.
No.
10-0685/AF.
INTERLOCUTORY ORDERS
No.
10-5004/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-228
Monday,
August 16, 2010
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
10-8021/AR. Brandon S. BARE, Petitioner
v. Colonel Patricia A. Ham, Colonel Mark L. Johnson, and Colonel
Kenneth J.
Tozzi,
PETITIONS FOR RECONSIDERATION DENIED
No.
07-0401/NA.
INTERLOCUTORY ORDERS
No.
10-0317/NA.
No. 10-0383/MC.
No. 10-0383/MC.
No.
10-0468/AR.
No.
10-5003/MC.
MANDATES ISSUED
No.
09-5006/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-227
Friday,
August 13, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0549/AR.
No.
10-0618/MC.
No.
10-0626/AR.
No.
10-0632/AR.
No.
10-0646/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0678/AR.
No.
10-0679/AR.
INTERLOCUTORY ORDERS
No.
10-0678/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-226
Thursday,
August 12, 2010
ORDERS GRANTING
PETITION FOR REVIEW
No.
10-0178/AF.
WHETHER
APPELLANT'S FORUM SELECTION WAS NOT MADE KNOWINGLY AND VOLUNTARILY
BECAUSE HE
WAS MISADVISED BY ALL PARTIES REGARDING THE MAXIMUM PUNISHMENT FOR
POSSESSION
OF WHAT "APPEARS TO BE" CHILD PORNOGRAPHY.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0676/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-225
Wednesday,
August 11, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0574/AR.
No.
10-0611/AF.
No.
10-0616/AR.
No.
10-0621/AR.
No.
10-0629/AR.
No.
10-0641/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0674/AR.
No.
10-0675/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-224
Tuesday,
August 10, 2010
ORDERS GRANTING PETITION FOR REVIEW
No. 10-0484/AR.
WHETHER
APPELLANT'S RIGHT TO DUE PROCESS WAS VIOLATED WHEN THE TRIAL COUNSEL
ASKED A
DEFENSE EXPERT WHETHER HE FOUND EXCULPATORY EVIDENCE, AND ARGUED TO THE
MEMBERS
THAT THE DEFENSE EXPERT FAILED TO FIND EXCULPATORY EVIDENCE AND FAILED
TO FIND
EVIDENCE SUGGESTING ANYONE OTHER THAN APPELLANT COMMITTED THE OFFENSES.
Briefs
will filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0174/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0672/AR.
No.
10-0673/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 10-8029/NA. In re Brandon R.
JACOBSON. CCA 201000396. On consideration
of the petition for extraordinary relief in
the nature of a writ of mandamus, and Petitioner’s motion to stay trial
proceedings, motion to expedite review of Petitioner’s motion to stay
proceedings, and motion to supplement the record, it is ordered that
said petition is hereby denied, and
that said motions are hereby denied as moot.
INTERLOCUTORY ORDERS
No.
10-0644/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-223
Monday,
August 9, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0703/AR.
No.
10-0607/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0669/AR.
No.
10-0670/AF.
No.
10-0671/AF.
INTERLOCUTORY ORDERS
No.
10-0664/AR.
DAILY
JOURNAL
No.
10-222
Friday,
August 6, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0564/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0665/AR.
No.
10-0666/MC.
No.
10-0667/AF.
No.
10-0668/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-221
Thursday,
August 5, 2010
ORDERS GRANTING
PETITION FOR REVIEW
No. 10-0383/MC.
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY EXCLUDING RELEVANT EVIDENCE
THAT
SHOWED THE ALLEGED VICTIM HAD A MOTIVE TO FABRICATE HER STORY.
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY EXCLUDING EVIDENCE
EXPLAINING WHY
APPELLANT TOLD WITNESSES THAT THE ALLEGED VICTIM HAD NOT TAKEN HER
MEDICATION,
LEAVING THE MEMBERS WITH THE UNREBUTTED IMPRESSION THAT APPELLANT LIED
ABOUT
HER NEED FOR MEDICATION TO PROTECT HIMSELF AGAINST ALLEGATIONS OF
MISCONDUCT.
Briefs
will be filed under Rule 25.
No. 10-0481/AR.
WHETHER
THERE IS A SUBSTANTIAL BASIS IN LAW AND FACT TO QUESTION APPELLANT'S
PLEA TO
ESCAPE FROM CONFINEMENT GIVEN THAT AT THE TIME OF THE ALLEGED OFFENSE
HE WAS
NEITHER WITHIN A CONFINEMENT FACILITY NOR UNDER GUARD OR ESCORT AFTER
HAVING
BEEN PLACED IN A CONFINEMENT FACILITY.
Briefs
will be filed under Rule 25.
No. 10-0565/AF.
WHETHER
THE AFCCA ERRED IN HOLDING APPELLANT'S CONVICTION OF SPECIFICATION 2 OF
CHARGE
IV FOR ENGAGING IN CONDUCT UNBECOMING AN OFFICER TO BE LEGALLY
SUFFICIENT.
WHETHER
THE AFCCA ERRED IN HOLDING IT WAS NOT AN ABUSE OF DISCRETION FOR THE
CONVENING
AUTHORITY TO DENY A DEFENSE MOTION FOR A POST-TRIAL ARTICLE 39(a)
SESSION AFTER
IT WAS DISCOVERED THAT FAMILY MEMBERS OF THE VICTIMS WERE SENDING TEXT
MESSAGES
FROM THE COURTROOM TO VICTIMS WHO WERE SEQUESTERED OUTSIDE THE
COURTROOM.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0402/AR.
No.
10-0475/AF.
No.
10-0489/MC.
No.
10-0533/AR.
No.
10-0559/AR.
No.
10-0601/AR.
No.
10-0627/AR.
No.
10-0640/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0661/AR.
No.
10-0662/AR.
No.
10-0663/AR.
No.
10-0664/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
10-8029/NA. In re
INTERLOCUTORY ORDERS
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-220
Wednesday,
August 4, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0359/AR.
No.
10-0530/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0659/AF.
No.
10-0660/AF.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 10-8018/AR. William S. PARKER,
Petitioner v. Lieutenant Colonel Eugene E. Baime, Colonel Alan L. Cook,
Colonel
Mark S. Johnson and UNITED STATES, Respondents. CCA 20090281. On consideration of the
petition for extraordinary relief in the nature of a writ of mandamus,
it is
ordered that said petition is hereby denied without prejudice to
further
consideration of the issue by the United States Army Court of Criminal
Appeals
and upon direct review of any decision of that Court.
INTERLOCUTORY ORDERS
No. 10-0461/NA.
No.
10-0605/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-219
Tuesday,
August 3, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0603/AF.
No.
10-0609/AR.
No.
10-0617/AF.
No.
10-0631/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0652/AR.
No. 10-0653/AR.
No.
10-0654/AR.
No.
10-0655/AR.
No.
10-0656/AR.
No.
10-0657/AR.
No.
10-0658/AR.
INTERLOCUTORY ORDERS
No.
10-5003/MC.
MANDATES ISSUED
No.
09-0535/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-218
Monday,
August 2, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0486/AF.
No.
10-0624/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0650/AR.
No.
10-0651/CG.
SPECIAL DOCKET MATTERS
No. 08-08. In
the matter of the Petition for Reinstatement of Harvey J. Volzer. On consideration of the above-named
attorney’s Petition for Reinstatement to the practice of law before the
Court,
dated July 28, 2010, and the action of the Judge Advocate General of
the Army
reinstating said attorney to practice before Army courts-martial and
before the
U.S. Army Court of Criminal Appeals, it is ordered that said petition
for
reinstatement is hereby granted effective this date.