UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-196
Wednesday,
June 30, 2010
APPEALS - SUMMARY DISPOSITIONS
No. 08-0334/MC.
No. 09-0010/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0334/MC.
No. 09-0010/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0490/AF.
No.
10-0511/AF.
No.
10-0525/AR.
No.
10-0528/AR.
No.
10-0540/AR.
No.
10-0547/AR.
No.
10-0554/AR.
No.
10-0558/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0591/AR.
No.
10-0592/AR.
No.
10-0593/AR.
No.
10-0594/AF.
No.
10-0595/AF.
No.
10-0596/AF.
No.
10-0597/AR.
INTERLOCUTORY ORDERS
No.
05-0157/NA.
No.
05-0157/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-195
Tuesday,
June 29, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0586/AF.
No.
10-0587/AR.
No.
10-0588/AF.
No.
10-0589/AR.
No.
10-0590/AR.
MANDATES ISSUED
No.
09-0720/MC.
No.
10-0013/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-194
Monday,
June 28, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0416/MC.
No.
10-0424/AR.
No.
10-0517/AR.
No.
10-0524/AR.
No.
10-0543/AR.
No.
10-0551/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0583/AR.
No.
10-0584/AR.
No.
10-0585/AR.
INTERLOCUTORY ORDERS
No. 10-0537/AR.
No.
10-0582/AR.
No.
10-8010/AR. William S. PARKER,
Petitioner v. Lieutenant Colonel Eugene E. Baime, Colonel Alan L. Cook,
and
Colonel Mark S. Johnson, and
SPECIAL DOCKET MATTERS
No. 10-07. In the matter of Elyse Hope DILLER. It appearing that
the above-named attorney is a
member of the Bar of this Court and that she was suspended from the
practice of
law in New York for three years, commencing July 24, 2003, and
continuing until
further order of the court with leave to apply for reinstatement by the
Supreme
Court of New York, Appellate Division, Second Judicial Department, 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 she should not
be
disbarred, and considering her response to the show cause order and the
serious
nature of her misconduct, it is ordered that Elyse Hope Diller is
hereby
suspended indefinitely from the practice of law before this Court
effective the
date of this Order, with leave to apply for reinstatement should she be
reinstated to the practice of law in New York.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-193
Friday,
June 25, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
10-0582/AR.
INTERLOCUTORY ORDERS
No. 10-0484/AR.
No.
10-0533/AR.
No. 10-5003/MC.
MANDATES ISSUED
No.
09-0822/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-192
Thursday,
June 24, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0081/AF.
No.
10-0318/AR.
No.
10-0444/AF.
No.
10-0445/AF.
No.
10-0446/AR.
No.
10-0541/AR.
PETITIONS FOR GRANT
OF REVIEW FILED
No.
10-0576/AR.
No.
10-0577/NA.
No.
10-0578/AF.
No.
10-0579/AF.
No.
10-0580/AF.
No.
10-0581/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-191
Wednesday,
June 23, 2010
PETITIONS FOR
RECONSIDERATION DENIED
No.
10-0039/MC.
INTERLOCUTORY
ORDERS
No.
10-0081/AF.
No.
10-0318/AR.
No.
10-0334/AF.
No.
10-0349/AR.
No.
10-0359/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-190
Tuesday,
June 22, 2010
ORDERS GRANTING
PETITION FOR REVIEW
No. 10-0468/AR.
WHETHER THE ARMY
COURT ERRED WHEN IT RULED THAT APPELLANT'S
ADMINISTRATIVE DISCHARGE WAS VOIDABLE AND PROPERLY REVOKED AND DID NOT
REMIT
THE ADJUDGED DISMISSAL.
Briefs will be
filed under Rule 25.
PETITIONS FOR GRANT
OF REVIEW DENIED
No.
10-0381/MC.
PETITIONS FOR GRANT
OF REVIEW FILED
No.
10-0573/AR.
No.
10-0574/AR.
No.
10-0575/AR.
No.
10-6008/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-189
Monday,
June 21, 2010
PETITIONS FOR GRANT
OF REVIEW FILED
No.
10-0572/AF.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-188
Friday,
June 18, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0496/AR.
No.
10-0504/AR.
No.
10-0522/AF.
PETITIONS FOR GRANT
OF REVIEW FILED
No.
10-0565/AF.
No.
10-0566/AF.
No.
10-0567/AF.
No.
10-0568/AR.
No.
10-0569/AR.
No.
10-0570/AF.
No.
10-0571/AR.
MISCELLANEOUS
DOCKET - FILINGS
Misc.
No. 10-8021/AR. Brandon S. BARE,
Petitioner v. Colonel Patricia A. Ham, Colonel Mark L. Johnson, and
Colonel
Kenneth J. Tozzi, United States Army, Respondents.
CCA 20060452.
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 this date.
SPECIAL DOCKET
MATTERS
No.
10-06. In the Matter of Garrison Stuart
CORBEN. It appearing that the
above-named attorney is a member of the Bar of this Court, that he has
been
suspended from the practice of law by orders of the Supreme Judicial
Court of
Massachusetts, Suffolk County, and of 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 that there being no response to the show
cause
order, it is ordered that Garrison Stuart Corben is hereby suspended
indefinitely from the practice of law before this Court.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-187
Thursday,
June 17, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0450/AR.
No.
10-0474/AR.
No.
10-0521/AF.
No.
10-0527/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0564/MC.
INTERLOCUTORY ORDERS
No. 10-0402/AR.
No.
10-0512/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-186
Wednesday,
June 16, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0422/AR.
No.
10-0467/AR.
No.
10-0470/AR.
No.
10-0471/AR.
No.
10-0491/AR.
No.
10-0497/AR.
No. 10-0498/AR.
No.
10-0500/AR.
No.
10-0502/AR.
No.
10-0503/AR.
No.
10-0508/AR.
No.
10-0510/AF.
No.
10-0515/AR.
No.
10-0518/AF.
No.
10-0520/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0562/AF.
No.
10-0563/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-185
Tuesday,
June 15, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0411/AR.
No.
10-0478/AR.
No.
10-0501/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0559/AR.
No.
10-0560/AR.
No.
10-0561/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-184
Monday,
June 14, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 10-0492/AF.
No. 10-0507/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 10-0554/AR.
No. 10-0555/AF.
No. 10-0556/AR.
No. 10-0557/AF.
No. 10-0558/AF.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
INTERLOCUTORY ORDERS
No. 10-0408/AF.
No. 10-0479/AF.
No. 10-0486/AF.
On
consideration of the motion filed by Major Jennifer J. Raab 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
Appellant and
that the new counsel has assumed representation of said Appellant. Accordingly, it is ordered that said motion
is hereby granted.
No.
10-0545/AR.
No. 10-0549/AR.
No. 10-6007/AF.
MANDATES ISSUED
No. 09-0729/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-183
Friday,
June 11, 2010
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0547/AR.
No. 10-0548/AR.
No.
10-0549/AR.
No.
10-0550/AF.
No.
10-0551/AF.
No.
10-0552/AF.
No.
10-0553/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-182
Thursday,
June 10, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0423/AR.
No.
10-0493/AF.
No.
10-0519/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0546/AR.
INTERLOCUTORY ORDERS
No.
09-0441/AF.
No.
09-0441/AF.
No.
10-0262/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-181
Wednesday,
June 9, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0250/AR.
No.
10-0393/AR.
No.
10-0451/AR.
No.
10-0499/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0537/AR.
No.
10-0538/AR.
No.
10-0539/AR.
No.
10-0540/AR.
No.
10-0541/AR.
No.
10-0542/AR.
No.
10-0543/AR.
No.
10-0544/AR.
No.
10-0545/AR.
SPECIAL DOCKET MATTERS
No.
08-02. In the Matter of William Franklin
PARTRIDGE, III. The above-named
attorney was
suspended from the practice of law before the Court on December 6, 2007. In the Matter of William Franklin
Partridge, III, 65 M.J. 471 (C.A.A.F. 2007)(Order).
This suspension was a reciprocal action
following his suspension by the Supreme Court of South Carolina and the
United
States Court of Appeals for the Fourth Circuit.
This Court’s order provided that Mr. Partridge’s suspension to
practice
law before the Court would continue “until such time as he is
reinstated to the
practice of law in the State of South Carolina and in the United States
Court
of Appeals for the Fourth Circuit, and upon proof of reinstatement, he
petitions this Court for reinstatement to the Bar of the Court.” Mr.
Partridge has submitted a Petition for Reinstatement and provided proof
of
reinstatement by the Supreme Court of South Carolina and the United
States
Court of Appeals for the Fourth Circuit.
In view of his having satisfied the conditions for reinstatement
to the
Bar of this Court, it is ordered that the Petition for Reinstatement to
Practice Law Before the Court from William Franklin Partridge, III, is
hereby
granted, and he is hereby reinstated to the Bar of this Court effective
this
date.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-180
Tuesday,
June 8, 2010
APPEALS-SUMMARY DISPOSITIONS
No. 10-0337/AR.
WHETHER
THE MILITARY JUDGE ERRED BY ACCEPTING APPELLANT'S PLEA OF GUILTY AND
NOT
REOPENING THE PROVIDENCE INQUIRY WITHOUT QUESTIONING BOTH APPELLANT AND
HIS
TRIAL DEFENSE COUNSEL REGARDING APPELLANT'S BIPOLAR DISORDER, HIS
EXTENSIVE
HISTORY OF PSYCHIATRIC DISORDERS, AND POSSIBLE MENTAL RESPONSIBILITY
DEFENSE.
The decision of
the Army
Court of Criminal Appeals is set aside.
The record of trial is returned to the Judge Advocate General of
the
Army for remand to that court for reconsideration of the aforementioned
issue
in light of United States v. Harris, 61 M.J. 391 (C.A.A.F.
2005).[See
also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 10-0337/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0373/AR.
No.
10-0439/AF.
No.
10-0458/AF.
No. 10-0463/AF.
No.
10-0477/AR.
No.
10-0485/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0534/AR.
No.
10-0535/AR.
No.
10-0536/AR.
INTERLOCUTORY ORDERS
No. 10-0174/AR.
SPECIAL DOCKET MATTERS
No. 10-08. In the Matter of Mark Allen KOVLER. It appearing that
the above-named attorney is a
member of the Bar of this Court and that he has been disbarred from the
practice of law by the Supreme Court of New York, Appellate Division,
Second
Judicial Department, 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, that no response having been
submitted to the Court’s Order, and considering the serious nature of
his misconduct,
it is ordered that Mark Allan Kovler is hereby disbarred from the
practice of
law before this Court effective this date.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-179
Monday,
June 7, 2010
CERTIFICATES FOR REVIEW FILED
No. 10-5003/MC.
WHETHER THE
NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS
ERRED IN FINDING, INTER ALIA, THAT THE MILITARY JUDGE SEVERED THE
ATTORNEY-CLIENT RELATIONSHIP WITH CAPTAIN BASS?
WHETHER UNDER
R.C.M. 505(d)(2)(B), THE NAVY-MARINE
CORPS COURT INCORRECTLY FOUND NO “GOOD CAUSE” ON THE RECORD FOR THE
REPLACEMENT
OF APPELLANT’S SECOND DETAILED DEFENSE COUNSEL WITH ANOTHER COUNSEL?
WHETHER THE LOWER
COURT APPLIED THE WRONG STANDARD
AND ERRONEOUSLY PRESUMED, WITHOUT ASSESSING, PREJUDICE AND SET ASIDE
THE
FINDINGS AND SENTENCE, WHERE APPELLANT’S STATUTORY RIGHTS, AND
CONSTITUTIONAL RIGHT
TO EFFECTIVE ASSISTANCE OF COUNSEL, WERE SATISFIED THROUGHOUT TRIAL?
Appellant
will file a brief in accordance with Rule 24 in support of the
certified issues
on or before the July 7, 2010. Appellee
will file an answer no later than 30 days after the filing of
Appellant’s
brief. A reply to Appellee’s answer may
be filed by the Appellant no later than 10 days after the filing of
Appellee’s
answer.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0205/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-178
Friday,
June 4, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0290/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0530/NA.
No.
10-0531/AR.
No.
10-0532/AR.
No.
10-0533/AR.
MANDATES ISSUED
No.
09-0185/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-177
Thursday,
June 3, 2010
APPEALS-SUMMARY DISPOSITIONS
No.
10-0179.
ORDERS GRANTING PETITION FOR REVIEW
No. 10-0447/AF.
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION BY ADMITTING A GREEN
DETOXIFICATION
DRINK UNDER THE DOCTRINE OF SIMILAR PHYSICAL EVIDENCE.
WHETHER
THE MILITARY JUDGE COMMITTED PLAIN ERROR WHEN HE FAILED TO GIVE A
LIMITING
INSTRUCTION THAT AN EXHIBIT WAS BEING ENTERED INTO EVIDENCE FOR
ILLUSTRATIVE
PURPOSES ONLY.
WHETHER
IT WAS PLAIN ERROR FOR THE MILITARY JUDGE TO ALLOW TRIAL COUNSEL TO
ELICIT
WHETHER
THE CONTESTED FINDINGS AND SENTENCE IN THE PRESENT CASE SHOULD BE SET
ASIDE
UNDER THE CUMULATIVE ERROR DOCTRINE.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0103/AF.
No.
10-0368/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0528/AR.
No.
10-0529/AR.
INTERLOCUTORY ORDERS
No.
10-0261/AF.
No.
10-0317/NA.
No.
10-0472/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-176
Wednesday,
June 2, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0329/AF.
No.
10-0357/AR.
No.
10-0399/AR.
No.
10-0401/AR.
No.
10-0404/AR.
No.
10-0453/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0525/AR.
No.
10-0526/AF.
No.
10-0527/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
10-8017/NA. In Re Tyrice L. HAYES. CCA 200600910. On
consideration of the petition for
extraordinary relief in the nature of a writ of mandamus and/or
prohibition, it
is ordered that said petition is hereby denied.
INTERLOCUTORY ORDERS
No. 10-0368/AR.
No.
10-0480/AR.
No.
10-0482/AR.
No.
10-0483/AR.
MANDATES ISSUED
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
10-175
Tuesday,
June 1, 2010
APPEALS-SUMMARY
DISPOSITIONS
No.
10-6004/AF.
ORDERS GRANTING PETITION FOR REVIEW
No. 10-6002/AF.
WHETHER
THE MILITARY JUDGE ABUSED HER DISCRETION BY REFUSING TO ADMIT DRUG
TESTING
REPORTS INTO EVIDENCE OVER A DEFENSE CONFRONTATION CLAUSE OBJECTION
WHERE: (1)
THE REPORTS CONTAINED HANDWRITTEN RESULTS REFLECTING DRUG USE AND
CERTIFICATIONS THAT “THE LABORATORY RESULTS INDICATED ON THIS FORM WERE
CORRECTLY DETERMINED BY PROPER LABORATORY PROCEDURES, AND THEY ARE
CORRECTLY
ANNOTATED”; (2) THE GOVERNMENT DID NOT PRODUCE IN COURT THE DECLARANTS
WHOSE
STATEMENTS ARE INCLUDED IN THE DRUG TESTING REPORTS; AND (3) THE
DEFENSE HAD
HAD NO PREVIOUS OPPORTUNITY TO CONFRONT THE DECLARANTS.
WHETHER
THE MILITARY JUDGE ABUSED HER DISCRETION BY REFUSING TO ADMIT A DRUG
TESTING
REPORT INTO EVIDENCE OVER A DEFENSE CONFRONTATION CLAUSE OBJECTION
WHERE: (1)
THE SAMPLE THAT WAS THE SUBJECT OF THE REPORT WAS OBTAINED AT LAW
ENFORCEMENT BEHEST;
(2) THE GOVERNMENT DID NOT PRODUCE IN COURT THE DECLARANTS WHOSE
STATEMENTS ARE
INCLUDED IN THE DRUG TESTING REPORT; AND (3) THE DEFENSE HAD HAD NO
PREVIOUS
OPPORTUNITY TO CONFRONT THE DECLARANTS.
No. 10-6004/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0384/AR.
No.
10-0431/AF.
No.
10-0434/AF.
No.
10-0466/AF.
No.
10-0476/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0524/AR.
MANDATES ISSUED