UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-217
Friday,
July 30, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0536/AR.
No.
10-0594/AF.
No.
10-0602/AF.
No.
10-0628/AR.
No.
10-6007/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0649/AF.
MISCELLANEOUS DOCKET - FILINGS
INTERLOCUTORY ORDERS
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-216
Thursday,
July 29, 2010
PETITIONS FOR GRANT
OF REVIEW FILED
No.
10-0647/AR.
No.
10-0648/AR.
MISCELLANEOUS
DOCKET - FILINGS
Misc.
No. 10-8027/AR.
INTERLOCUTORY
ORDERS
No.
10-0586/AF.
No.
10-0602/AF.
No.
10-0611/AF.
No.
10-0634/AF.
On consideration
of the motion filed by
Major Marla J. Gillman, USAF, for leave to withdraw as counsel in the
above-entitled cases, it appears that the Judge Advocate General has
assigned
another counsel to represent the appellants and that the new counsel
has
assumed representation of said appellants.
Accordingly, it is ordered that said motion is hereby granted.
No.
10-6007/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-215
Wednesday,
July 28, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0560/AR.
No.
10-0563/AF.
No.
10-0570/AF.
No.
10-0604/AF.
No.
10-0610/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0646/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-214
Tuesday,
July 27, 2010
APPEALS - SUMMARY
DISPOSITIONS
No. 10-0514/AR.
WHETHER THE
AFFIRMED FORFEITURE OF
$1099.00 PAY PER MONTH FOR SEVEN MONTHS AT A SPECIAL COURT-MARTIAL WAS
ILLEGAL
UNDER ARTICLE 19, UCMJ, AND RULE FOR COURTS-MARTIAL 1003(b)(2), WHEN
APPELLANT
WAS REDUCED TO E-1 AS PART OF THE SENTENCE.
The decision of
the United States Army
Court of Criminal Appeals is affirmed as to findings and to only so
much of the
sentence as provides for forfeiture of $933.00 pay per month for seven
months,
confinement for six months, reduction to pay grade E-1, and a
bad-conduct discharge.
[See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING
PETITION FOR REVIEW
No. 10-0514/AR.
PETITIONS FOR GRANT
OF REVIEW DENIED
No.
10-0591/AR.
INTERLOCUTORY
ORDERS
No.
05-0157/NA.
No.
05-0157/NA.
No.
10-0644/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-213
Monday,
July 26, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0460/NA.
No.
10-0488/AR.
No. 10-0509/AR.
No.
10-0535/AR.
No.
10-0566/AF.
No.
10-0586/AF.
No.
10-0593/AR.
No.
10-0614/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0644/AF.
No.
10-0645/AF.
INTERLOCUTORY ORDERS
No.
09-5003/AF.
No.
10-0643/MC.
No.
10-8022/AR. Ricardo K. GONZALES,
Appellant v. Commander, United States Disciplinary Barracks, and
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-212
Friday,
July 23, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0640/AR.
No.
10-0641/AR.
No.
10-0642/AR.
No.
10-0643/MC.
INTERLOCUTORY ORDERS
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-211
Thursday,
July 22, 2010
ORDER
IN RE ELECTRONIC
FILING
Effective
September 1, 2010, all
pleadings, except as noted below, may
be filed on paper or electronically in accordance with the guidelines
attached
to this Order. Joint Appendices to
Briefs, filed under Rule 24(f), Rules of Practice and Procedure, shall
be filed
in paper form only. Administrative
matters, such as bar admission applications and attorney disciplinary
proceedings,
may not be filed electronically. Counsel
appearing before the Court are reminded that personal data identifiers
must be
redacted from documents filed electronically.
See Guideline paragraph 3h.
This
Order supersedes the Order of the Court of July 15, 2009 (68 M.J. 170),
concerning electronic filing of petition documents, and that Order is
hereby
rescinded effective September 1, 2010.
Guidelines
for Electronic Filing of Pleadings
1.
Scope.
The United States
Court of
Appeals for the Armed Forces adopts the following provisions to govern
the
electronic filing of pleadings:
a. This Order
applies to
all pleadings filed electronically on or after September 1, 2010. Alternatively, pleadings may be filed in a
paper format; however, the same pleading may not be filed both
electronically
and on paper.
b. Administrative
matters,
such as bar admission applications and attorney disciplinary
proceedings, may
not be filed electronically.
c. If the
supplement to
the petition for grant of review is filed electronically, an appendix
to the
supplement (containing the decision of the Court of Criminal Appeals,
matters
submitted pursuant to United States v. Grostefon, 12 M.J. 431
(C.M.A.
1982), and other required matter) shall also be filed electronically
unless it
consists of more than 50 pages. In such
a case, the appendix may be submitted on paper and the supplement
submitted
electronically. In lieu of submitting an
appendix in excess of 50 pages on paper, counsel may submit it in a CD
or DVD
format and note in the supplement that it is being filed in that format
under
separate cover. Record matters in the
form of video media on CD-ROM or DVD may be submitted in a separate
volume of
the appendix that is filed in accordance with Rule 21(b).
d. A petition for
grant of
review filed personally by an appellant shall be filed on paper, as
provided
under Rule 20(a). All subsequent
documents related to the petition for grant of review filed by counsel
in such
a case may be filed on paper or electronically.
e. The Joint
Appendix to
the brief will be filed in paper form only with the required number of
paper
copies rather than electronically. If
the appellant or petitioner files the brief electronically, the Joint
Appendix
will be filed on the same day the brief is filed electronically.
2.
Electronic
Filing Address.
Counsel shall
electronically file pleadings using an electronic mail message at the
following
e-mail address: efiling@armfor.uscourts.gov. For questions or help concerning the
electronic filing of pleadings, counsel should contact the Clerk’s
Office at
(202) 761-1448.
3.
Procedure.
a. The electronic
filing
of a pleading in compliance with these Guidelines shall constitute
filing under
the Rules of Practice and Procedure. The
pleading will be deemed filed as of the date and time of the
transmission of
the electronic mail message.
b. The electronic
mail
message shall contain the following in the subject block: (1) the name
of the
case; (2) the docket number if a docket number has been assigned; and
(3) the
words “electronic filing.” A description
of the nature of the pleading will be included in the body of the
electronic
mail message.
c. The pleading
shall be
attached to the electronic mail message in Portable Document Format
(PDF), and,
when printed, shall be in compliance with the Rules of Practice and
Procedure
of the Court.
d. Counsel shall
send an
electronic copy of the message and all attachments to opposing counsel
to
accomplish service of the pleading under Rule 39. This
may be accomplished by listing opposing
counsel as a “cc” recipient of the electronic message.
e. The brief
attached to
an electronic filing shall contain the conformed signature (“/s/”) or
digital
signature of the attorney of record.
This will comply with the requirements of Rule 38.
f. If a pleading
is filed
electronically in accordance with this Order, the party filing the
pleading is
not required to prepare and file printed copies of that pleading under
Rules 37(a)
and 37(b)(2). The Court will send a
reply electronic message to the sender indicating receipt of the
electronic
filing. Electronic filers are advised
that if they do not receive a reply electronic message by the following
business day, they should immediately contact the Clerk’s Office.
g. Classified
material and
material under seal will not be filed electronically.
If such matters need to be filed, they will
be submitted to the Court on paper as a supplemental filing to the
document in
which they would otherwise appear. In
such cases, counsel will include in the text of the electronic mail
message a
notation that classified or sealed material is being separately
submitted. The classified or sealed
material will be
appropriately packaged, marked and delivered, and will include a
notation that
it accompanies an electronic filing in the case. All
classified material will be handled in
accordance with Rule 12.
h. Counsel will
refrain
from including and shall redact the following personal data identifiers
from
documents filed with the Court:
PETITIONS FOR GRANT
OF REVIEW DENIED
No.
10-0576/AR.
No.
10-0579/AF.
No.
10-0590/AR.
No.
10-0592/AR.
No.
10-0606/AR.
No.
10-0619/AR.
PETITIONS FOR GRANT
OF REVIEW FILED
No.
10-0638/AR.
No.
10-0639/AR.
SPECIAL DOCKET
MATTERS
No.
10-10. In the matter of Steven Jay
ROZAN. It appearing that the above-named
attorney is a member of the Bar of this Court and that he has been
suspended
from the practice of law by orders of the State Bar of Texas and the
District
of Columbia Court of Appeals, that pursuant to Rule 15(b), Rules of
Practice and
Procedure, United States Court of Appeals for the Armed Forces, said
attorney
was suspended from the practice of law before this Court and was
directed to
show cause why he should not be disbarred, and there being no response
to the
show cause order, it is ordered that Steven Jay Rozan is hereby
suspended
indefinitely from the practice of law before this Court effective the
date of
this Order.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-210
Wednesday,
July 21, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0408/AF.
No.
10-0479/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0636/AR.
No.
10-0637/AR.
MISCELLANEOUS DOCKET - FILINGS
INTERLOCUTORY ORDERS
No.
10-0488/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-209
Tuesday,
July 20, 2010
APPEALS - SUMMARY DISPOSITIONS
No. 10-0569/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 10-0569/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0529/AR.
No.
10-0532/AR.
No.
10-0538/AR.
No.
10-0539/AR.
No.
10-0562/AF.
No.
10-0571/AR.
No.
10-0585/AR.
No.
10-0589/AR.
No.
10-0599/AR.
MISCELLANEOUS DOCKET - FILINGS
INTERLOCUTORY ORDERS
No.
09-0441/AF.
*
It is
directed that the promulgating order be corrected to reflect that
Appellant was
charged with larceny of currency rather than wrongful appropriation of
currency.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-208
Monday,
July 19, 2010
RULES
CHANGES
Upon careful consideration of a proposed change to the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, which was presented to and reviewed by the Rules Advisory Committee of the United States Court of Appeals for the Armed Forces and thereafter published in the Federal Register for comment, it is ordered that effective August 1, 2010, Rule 30A(a) is hereby amended, as follows: (change appears in bold typeface)
(a) General. The Court will normally not consider any facts outside of the record established at the trial and the Court of Criminal Appeals. Requests to consider factual material that is not contained in the record shall be presented by a motion to supplement the record filed pursuant to Rule 30. The motion shall include statements explaining why the matter was not raised previously at trial or before the Court of Criminal Appeals and why it is appropriate to be considered for the first time in this Court. Motions filed pursuant to this Rule will be granted only for good cause shown.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0634/AF.
No.
10-0635/AR.
MISCELLANEOUS DOCKET - FILINGS
INTERLOCUTORY ORDERS
No.
10-0317/NA.
No.
10-0408/AF.
MANDATES ISSUED
No.
09-0754/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-207
Friday,
July 16, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0632/AR.
No.
10-0633/AF.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
10-8022/AR. Ricardo K. GONZALES,
Appellant. v. Commander,
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-206
Thursday,
July 15, 2010
MANDATES ISSUED
No.
09-0432/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-205
Wednesday,
July 14, 2010
ORDERS GRANTING
PETITION FOR REVIEW
No. 10-0494/AF.
WHETHER
THE SENTENCE MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE DETERMINED
THE
SENTENCE BASED ON THE INCORRECT MAXIMUM PUNISHMENT.
Briefs
will be filed under Rule 25.
CERTIFICATES FOR REVIEW FILED
No.
10-5004/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0472/AR.
No.
10-0546/AR.
No.
10-0548/AR.
No.
10-0555/AF.
No.
10-0583/AR.
No.
10-0584/AR.
No.
10-0595/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-204
Tuesday,
July 13, 2010
ORDERS GRANTING
PETITION FOR REVIEW
No. 10-0397/AR.
WHETHER
THE PRETRIAL AGREEMENT CONTAINED A PROHIBITED AND UNENFORCEABLE
PROVISION
REQUIRING APPELLANT TO "OFFER TO REQUEST A BAD[-]CONDUCT DISCHARGE
DURING
THE SENTENCING PHASE" THEREBY VIOLATING RULE FOR COURTS-MARTIAL
705(c)(1)(B) AND PUBLIC POLICY.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0531/AR.
No.
10-0542/AR.
No.
10-0550/AF.
No.
10-0557/AF.
No.
10-0577/NA.
No.
10-0581/AR.
No.
10-0587/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0625/AR.
No.
10-0626/AR.
No.
10-0627/AR.
No.
10-0628/AR.
No.
10-0629/AR.
No.
10-0630/AF.
No.
10-0631/AR.
MANDATES ISSUED
No.
09-0755/AF.
DAILY
JOURNAL
No.
10-203
Monday,
July 12, 2010
CERTIFICATES FOR
REVIEW FILED
No.
09-5003/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0261/AF.
No.
10-0495/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0622/MC.
No.
10-0623/AR.
No.
10-0624/AR.
INTERLOCUTORY ORDERS
No.
10-0622/MC.
*
Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-202
Friday,
July 9, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
09-0185/AR.
No.
10-0617/AF.
No.
10-0618/MC.
No.
10-0619/AR.
No.
10-0620/AR.
No.
10-0621/AR.
__________________
*
Second petition filed in this case.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-201
Thursday,
July 8, 2010
ORDERS GRANTING
PETITION FOR REVIEW
No. 10-0317/NA.
WHETHER THE LOWER
COURT ERRED WHEN IT HELD THAT THE DENIAL
OF APPELLANT'S RIGHT TO CROSS-EXAMINE HIS ACCUSER WAS HARMLESS BEYOND A
REASONABLE DOUBT.
Briefs will be
filed under Rule 25.
PETITIONS FOR GRANT
OF REVIEW DENIED
No.
10-0443/AF.
No.
10-0464/AF.
No.
10-0552/AF.
No.
10-0553/AF.
No.
10-0556/AR.
PETITIONS FOR GRANT
OF REVIEW FILED
No.
10-0611/AF.
No.
10-0612/AF.
No.
10-0613/AR.
No.
10-0614/AR.
No.
10-0615/AR.
No.
10-0616/AR.
No.
10-6009/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-200
Wednesday,
July 7, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0386/AR.
No.
10-0462/AR.
No.
10-0480/AR.
No.
10-0516/AF.
No.
10-0526/AF.
No.
10-0568/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0703/AR.
No.
10-0605/AF.
No.
10-0606/AR.
No.
10-0607/AR.
No.
10-0608/AR.
No.
10-0609/AR.
No.
10-0610/AR.
INTERLOCUTORY ORDERS
No.
07-0253/NA.
_________________________
* Second
petition filed in this case.
UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 10-199
Tuesday, July 6, 2010
APPEALS - SUMMARY
DISPOSITIONS
No. 09-0642/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 09-0642/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 10-0505/AR.
No.
10-0506/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0602/AF.
No.
10-0603/AF.
No.
10-0604/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-198
Friday,
July 2, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0600/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-197
Thursday,
July 1, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0598/AR.
No.
10-0599/AR.