UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-040
Friday,
October 29, 2010
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0114/AR.
No.
11-0115/AR.
No.
11-0116/MC.
No.
11-0117/AF.
No.
11-0118/AF.
No.
11-6001/AF.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 11-8008/NA. James D. GUTHRIE,
Appellant v.
INTERLOCUTORY ORDERS
No.
11-0116/MC.
No.
11-8006/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-039
Thursday,
October 28, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
11-0017/MC.
No.
11-0030/AR.
No.
11-0043/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0112/AR.
No.
11-0113/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-038
Wednesday,
October 27, 2010
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0479/AR.
No.
11-0111/AR.
INTERLOCUTORY ORDERS
No.
10-0642/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-037
Tuesday,
October 26, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
11-0035/AF.
No.
11-0036/AF.
No.
11-0037/AF.
No.
11-0038/AR.
No.
11-0039/AR.
No.
11-0040/AR.
No.
11-0041/AR.
No.
11-0042/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0108/AR.
No.
11-0109/AR.
No.
11-0110/AR.
SPECIAL DOCKET MATTERS
No.
10-12. In the matter of Earle A. Partington. It
appearing that the above-named attorney is
a member of the Bar of this Court, that he was suspended indefinitely
from the
practice of law in the United States Navy-Marine Corps Court of
Criminal
Appeals by the Judge Advocate General of the Navy,
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 by this Court and
ordered
to show cause why a disbarment order should not be entered, and
considering the
response to the show cause order, it is ordered this date, that Earle
A.
Partington is hereby suspended from the practice of law before this
Court for
one year from June 10, 2010.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-036
Monday,
October 25, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0622/MC.
No.
10-0689/AR.
No.
10-0691/AR.
No.
11-0013/AR.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
10-6008/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0106/AR.
No.
11-0107/AR.
MISCELLANEOUS DOCKET - FILINGS
INTERLOCUTORY ORDERS
No.
09-0817/MC.
No.
10-0484/AR.
No. 10-0512/AR.
No. 11-0060/AR.
No.
11-0098/AR.
No.
11-0102/AF.
No.
11-0104/AF.
DAILY
JOURNAL
No.
11-035
Friday,
October 22, 2010
APPEALS - SUMMARY
DISPOSITIONS
No.
10-0638/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 10-0638/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0534/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0102/AF.
No.
11-0103/AR.
No.
11-0104/AF.
No.
11-0105/AF.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
11-8006/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-034
Thursday,
October 21, 2010
CERTIFICATES FOR
REVIEW FILED
No. 11-5001/NA.
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY SETTING ASIDE
APPELLANT’S
CONVICTION FOR NEGLIGENT HOMICIDE AS AN ERSTWHILE LESSER INCLUDED
OFFENSE OF
INVOLUNTARY MANSLAUGHTER ON THE GROUNDS OF CONSTITUTIONALLY
INSUFFICIENT NOTICE
WITHOUT TESTING FOR PREJUDICE PER FOOTNOTE 11 OF UNITED
STATES v. JONES.
Appellant
will file a brief under Rule 24 in support of said certificate on or
before the
22nd day of November, 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 Appellant no later
than 10
days after the filing of Appellee’s answer.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
11-0031/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
09-0817/MC.
No.
11-0097/AR.
No.
11-0098/AR.
No.
11-0099/AR.
No.
11-0100/AR.
No.
11-0101/AR.
__________________________
* Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-033
Wednesday,
October 20, 2010
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0697/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0095/AR.
No.
11-0096/AR.
PETITIONS FOR RECONSIDERATION DENIED
INTERLOCUTORY ORDERS
No.
11-5001/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-032
Tuesday,
October 19, 2010
ORDERS GRANTING
PETITION FOR REVIEW
No. 10-0651/CG.
WHETHER
APPELLANT WAS DEPRIVED OF DUE PROCESS UNDER THE LAW BECAUSE THE
STATUTORY
SCHEME OF ARTICLE 120, UCMJ, UNCONSTITUTIONALLY SHIFTED THE BURDEN OF
PROOF TO APPELLANT
BY FORCING HIM TO DISPROVE AN ELEMENT OF THE UNDERLYING CRIME.
No
briefs will be filed under Rule 25.
No. 10-0659/AF.
WHETHER
THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ALLOWED DR. SHIMOMURA
TO TESTIFY
IN RELIANCE UPON HEARSAY IN VIOLATION OF APPELLANT'S SIXTH AMENDMENT
RIGHT TO
CONFRONT WITNESSES AGAINST HIM AND WHETHER THE ADMISSION OF THE 24
APRIL 2009
BROOKS DRUG TESTING REPORT WITHOUT THE IN-COURT APPEARANCE OF THE
ANALYSTS WHO
TESTED APPELLANT'S SAMPLE ALSO VIOLATED APPELLANT'S SIXTH AMENDMENT
RIGHT TO
CONFRONTATION.
No
briefs will be filed under Rule 25.
No. 10-0685/AF.
I.
WHETHER TRIAL DEFENSE COUNSEL WAIVED OR FORFEITED APPELLANT'S
SIXTH
AMENDMENT RIGHT TO CONFRONT
WITNESSES AGAINST HIM BY NOT
OBJECTING TO THE DRUG TESTING REPORT CONTAINING TESTIMONIAL HEARSAY.
II.
WHETHER APPELLANT
WAS DENIED MEANINGFUL CROSS-EXAMINATION OF GOVERNMENT WITNESSES
IN VIOLATION OF HIS SIXTH AMENDMENT RIGHT
OF
CONFRONTATION WHEN THE MILITARY JUDGE DID NOT COMPEL THE GOVERNMENT TO
PRODUCE ESSENTIAL
BROOKS LABORATORY PERSONNEL WHO HANDLED APPELLANT'S URINE SAMPLES AND
ALLOWED
THE EXPERT TOXICOLOGIST TO TESTIFY TO NON-ADMISSIBLE HEARSAY.
No
briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0365/AR.
No.
10-0665/AR.
No.
10-0694/AR.
No.
11-0001/AR.
No.
11-0005/MC.
No.
11-0022/AF.
No.
11-0023/AR.
No.
11-0024/AR.
No.
11-0025/AF.
No.
11-0026/AF.
No.
11-0027/AF.
No.
11-0028/AF.
No.
11-0029/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0091/AR.
No.
11-0092/AR.
No.
11-0093/AR.
No.
11-0094/MC.
INTERLOCUTORY ORDERS
No.
07-0253/NA.
No.
10-0262/MC.
No.
10-0317/NA.
No.
10-0697/AF.
DAILY
JOURNAL
No.
11-031
Monday,
October 18, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
11-0010/AR.
No.
11-0011/AR.
No.
11-0012/AR.
No.
11-0014/AR.
No.
11-0015/AR.
No.
11-0016/AR.
No.
11-0018/NA.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0089/AR.
No.
11-0090/NA.
DAILY
JOURNAL
No.
11-030
Friday,
October 15, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0677/MC.
No.
10-0693/AR.
No.
11-0007/NA.
No.
11-0008/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0087/AR.
No.
11-0088/AR.
INTERLOCUTORY ORDERS
No.
11-0085/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-029
Thursday,
October 14, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0085/AR.
No.
11-0086/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-028
Wednesday,
October 13, 2010
HEARINGS
No.
10-0332/AF.
No.
10-5003/MC.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0680/AR.
No.
11-0009/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0080/AR.
No.
11-0081/AR.
No.
11-0082/AR.
No.
11-0083/AR.
No.
11-0084/AR.
PETITIONS FOR RECONSIDERATION DENIED
No. 10-0081/AF.
INTERLOCUTORY ORDERS
No.
10-0319/MC.
No.
10-0461/NA.
No.
11-5001/NA.
No.
11-5002/AR.
No.
11-8004/AR. Daniel GASKINS, Petitioner
v. Colonel John B. Hoffman, Colonel David L. Conn, Colonel Mark L.
Johnson,
Colonel Alan L. Cook, Lieutenant Colonel Eugene E. Baime, and United
States
Army, Respondents. CCA 20080132. On
consideration of the petition for extraordinary relief in the nature of
a writ
of prohibition, and Petitioner’s motion to stay proceedings, it is
ordered that
said motion is hereby granted until further order of this Court, and
that
Respondents will show cause on or before October 27, 2010, why the
requested
relief should not be granted.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-027
Tuesday,
October 12, 2010
CERTIFICATES FOR
REVIEW FILED
No. 11-5002/AR.
WHETHER
THE RESTRICTIONS UNDER R.C.M. 1001(B)(5)APPLY TO REBUTTAL EVIDENCE
SUBMITTED
UNDER R.C.M. 1001(D) AND WHETHER THE U.S. ARMY COURT OF CRIMINAL
APPEALS ERRED
IN FINDING THAT THE MILITARY JUDGE COMMITED [SIC] PLAIN AND OBVIOUS
ERROR WHEN
HE PERMITTED INTRODUCTION OF GOVERNMENT REBUTTAL TESTIMONY TO DEFENSE
“RETENTION EVIDENCE” WHEN THERE WAS NO DEFENSE OBJECTION.
On
October 8, 2010, the Court granted Appellant’s motion to extend time to
file a
brief on the granted issue up to November 5, 2010.
That order is hereby rescinded.Appellant will
file a brief and Joint Appendix on both the granted issue and the issue
certified by the Judge Advocate
General on or
before November 12, 2010. Appellee’s
brief on both issues will be filed no later than 30 days after the
filing of
Appellant’s brief. Appellant may file a
reply no later than 10 days after the filing of Appellee’s brief.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0686/AR.
No.
11-0006/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0076/AR.
No.
11-0077/AR.
No.
11-0078/AR.
No.
11-0079/CG.
INTERLOCUTORY ORDERS
No.
05-0004/AR.
No.
10-0534/AR.
No.
10-5004/AF.
No.
11-0060/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-026
Friday,
October 8, 2010
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
10-0702/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0070/AR.
No.
11-0071/AR.
No.
11-0072/AR.
No.
11-0073/AR.
No.
11-0074/AR.
No.
11-0075/AR.
INTERLOCUTORY ORDERS
No. 10-0349/AR.
No.
10-0537/AR.
No.
10-0537/AR.
No. 11-8005/Mc.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-025
Thursday,
October 7, 2010
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0061/AR.
No.
11-0062/AR.
No.
11-0063/AR.
No.
11-0064/AR.
No.
11-0065/AR.
No.
11-0066/AR.
No.
11-0067/AR.
No.
11-0068/AR.
No.
11-0069/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-024
Wednesday,
October 06, 2010
ORDERS GRANTING
PETITION FOR REVIEW
No. 10-0649/AF.
WHETHER
THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY APPLYING AN INCORRECT
STANDARD
OF REVIEW FOR PREJUDICE ARISING FROM POST-TRIAL INEFFECTIVE ASSISTANCE
OF
COUNSEL.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No. 11-0058/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-023
Tuesday,
October 5, 2010
HEARINGS
No.
10-0237/AF.
No.
10-0182/AF.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
11-0002/AR.
No.
11-0003/MC.
No.
11-0004/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0004/AR.
No.
11-0058/AR.
No.
11-0059/AR.
No.
11-0060/AR.
INTERLOCUTORY ORDERS
No.
08-0335/NA.
____________________
*
Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-022
Monday,
October 4, 2010
HEARINGS
No.
10-0172/AR.
No.
05-0157/NA.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0630/AF.
No.
10-0644/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0056/AR.
No. 11-0057/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-021
Friday,
October 1, 2010
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0055/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc.
No. 11-8005/NA.
INTERLOCUTORY ORDERS
No. 10-8022/AR.
No.
10-8027/AR.