UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-076
Wednesday, December 28, 2011
PETITIONS
FOR GRANT OF REVIEW FILED
No. 11-0419/AR.
No. 11-0453/AR.
No. 12-0229/AR.
No. 12-0230/AR.
No. 12-6003/AR.
MISCELLANEOUS DOCKET -
FILINGS
INTERLOCUTORY ORDERS
No. 12-0226/AR.
No. 12-8009/AF. In Re
Robert C. BRISSETTE. CCA 2011-07. On consideration of the petition for
extraordinary relief in the nature of a writ of habeas corpus, it is ordered that the
_________________________
*
Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-075
Tuesday, December 27, 2011
PETITIONS
FOR GRANT OF REVIEW FILED
No. 11-0495/AR.
No. 12-0227/AR.
No. 12-0228/AR.
MISCELLANEOUS DOCKET -
FILINGS
___________________
* Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-074
Thursday, December 22, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0639/AR.
No. 12-0221/AF.
No. 12-0222/AR.
No. 12-0223/NA.
No. 12-0224/AF.
No. 12-0225/AR.
No. 12-0226/AR.
INTERLOCUTORY ORDERS
No. 12-0143/MC.
No. 12-0153/AF.
_________________________
* Second
petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-073
Wednesday, December 21, 2011
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0106/AF.
WHERE A SPECIFICATION CHARGED UNDER
ARTICLE 134, UCMJ, FAILS TO STATE AN OFFENSE UNDER UNITED STATES v. FOSLER,
70 M.J. 225 (C.A.A.F. 2011), BY NOT INCLUDING THE TERMINAL ELEMENTS FOR CLAUSE
1 OR 2, CAN AN ACCUSED PROVIDENTLY PLEAD GUILTY TO SUCH A SPECIFICATION WHERE HE
FAILS TO OBJECT TO THE SPECIFICATION AT TRIAL, WHERE THE MILITARY JUDGE ADVISES
THE ACCUSED OF THE TERMINAL ELEMENTS DURING THE PROVIDENCE INQUIRY, AND THE
ACCUSED ADMITS TO ALL THE ELEMENTS?
Briefs will be filed under Rule 25.
No. 12-0140/AF.
WHETHER AN ARTICLE 134 CLAUSE 1 OR 2
SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT
STATES AN OFFENSE UNDER THE SUPREME COURT'S HOLDINGS IN UNITED STATES v.
RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT'S
OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0105/AR.
No. 12-0117/AF.
INTERLOCUTORY ORDERS
No. 12-0215/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-072
Tuesday, December 20, 2011
ORDERS GRANTING PETITION
FOR REVIEW
No. 09-0519/NA.
WHETHER AN ARTICLE 134 CLAUSE 1 OR 2
SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT
STATES AN OFFENSE UNDER THE SUPREME COURT'S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND
THIS COURT'S OPINION IN UNITED STATES v. FOSLER,
70 M.J. 225 (C.A.A.F.
2011).
Briefs will be filed under Rule 25.
No. 11-0647/MC.
AS IN UNITED STATES v. FOSLER, THE ARTICLE 134 SPECIFICATION FAILED TO ALLEGE
EITHER POTENTIAL TERMINAL ELEMENT AND THEREFORE FAILED TO STATE AN
OFFENSE. COULD APPELLANT PLEAD GUILTY TO
A SPECIFICATION THAT FAILED TO STATE AN OFFENSE?
Briefs will be filed under Rule 25.
No. 12-0071/AR.
WHETHER THE SPECIFICATION OF CHARGE
II FAILS TO STATE AN OFFENSE BECAUSE IT DOES NOT ALLEGE, EXPRESSLY OR BY
NECESSARY IMPLICATION, THE "TERMINAL ELEMENT" AS REQUIRED BY UNITED
STATES v. FOSLER, 70 M.J.
225 (C.A.A.F. 2011).
Briefs will be filed under Rule 25.
No. 12-0073/MC.
WHETHER THE LOWER COURT MISAPPLIED UNITED
STATES v. FOSLER AND UNITED STATES v. WATKINS,
IN FINDING THAT, DESPITE FAILING TO EXPRESSLY ALLEGE THE TERMINAL ELEMENT, THE
ARTICLE 134 SPECIFICATIONS STATE AN OFFENSE.
Briefs will be filed under Rule 25.
No. 12-0099/AR.
WHETHER THE EVIDENCE IS LEGALLY
SUFFICIENT TO SUPPORT APPELLANT'S CONVICTION OF POSSESSING CHILD PORNOGRAPHY.
Briefs will be filed under Rule 25.
No. 12-0131/AR.
WHETHER THE SPECIFICATION OF
ADDITIONAL CHARGE II FAILS TO STATE AN OFFENSE AS IT DOES NOT ALLEGE, EXPRESSLY
OR BY NECESSARY IMPLICATION, THE "TERMINAL ELEMENT" AS REQUIRED BY UNITED
STATES v. FOSLER, 70 M.J.
225 (C.A.A.F. 2011).
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 11-0243/AR.
No. 12-0015/AR.
No. 12-0151/AF.
No. 12-0152/AF.
No. 12-0154/AF.
No. 12-0156/AR.
No. 12-0157/AF.
No. 12-0158/AR.
No. 12-0161/AR.
No. 12-0162/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0580/AR.
No. 12-0217/AR.
No. 12-0218/AR.
No. 12-0219/AR.
No. 12-0220/AR.
_________________________
*
Third petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-071
Monday, December 19, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0150/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0212/AR.
No. 12-0213/AR.
No. 12-0214/AR.
No. 12-0215/AR.
No. 12-0216/AR.
MISCELLANEOUS DOCKET -
FILINGS
Misc. No. 12-8008/AR.
Julian ASSANGE, and WIKILEAKS,
Appellants v.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-070
Friday, December 16, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0374/AR.
No. 12-0201/MC.
No. 12-0202/NA.
No. 12-0203/AR.
No. 12-0204/AR.
No. 12-0205/AR.
No. 12-0206/AR.
No. 12-0207/AR.
No. 12-0208/AF.
No. 12-0209/AF.
No. 12-0210/AF.
No. 12-0211/AF.
INTERLOCUTORY ORDERS
No. 12-6001/AF.
_______________________
*
Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-069
Thursday, December 15, 2011
APPEALS - SUMMARY
DISPOSITIONS
No. 12-0167/AR.
* It is directed that the promulgating order be
corrected to reflect that the finding of the Specification of Charge I was
"Guilty, except the words 'locking her bedroom door and'; Of the excepted
words: Not guilty."
ORDERS GRANTING PETITION
FOR REVIEW
No. 10-5004/AF.
WHETHER A CONTESTED ADULTERY
SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE AN ARTICLE 134 TERMINAL ELEMENT
BUT THAT WAS NOT CHALLENGED AT TRIAL STATES AN OFFENSE.
Briefs will be filed under Rule 25.
No. 12-0053/AR.
WHETHER THE ARMY COURT ERRED IN HOLDING THE
APPELLANT'S TRIAL DID NOT VIOLATE HIS CONSTITUTIONAL RIGHT AGAINST DOUBLE
JEOPARDY BECAUSE JEOPARDY DID NOT ATTACH AND EVEN
IF IT DID, MANIFEST NECESSITY JUSTIFIED THE CONVENING AUTHORITY'S DECISION TO
WITHDRAW CHARGES.
Briefs will be filed under Rule 25.
No. 12-0167/AR.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 10-0179/AF.
No. 12-0145/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-068
Tuesday, December 13, 2011
HEARINGS
No. 11-0615/AR. U.S.
v. Darrian S. NEALY. CCA 20100654.
No. 11-0413/NA. U.S.
v. Anthony P. BALLAN.
CCA 201000242.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0200/NA. U.S.
v. Joshua D. WYLY.
CCA 201100005.
INTERLOCUTORY ORDERS
No. 12-0108/AF. U.S.
v. Megan L. COOPER. CCA
S31727. On consideration of Appellee's motion to supplement the record and Appellant's
motion to remand, it is ordered that said motions are hereby denied.
No. 12-0196/AF. U.S.
v. Timothy R. ESTES. CCA
S31886. Appellant's motion to extend time to file the supplement to the
petition for grant of review granted to January 3, 2012.
No. 12-0198/NA. U.S.
v. Calvin D. GRIFFITTS. CCA 201000673. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to January 3, 2012.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-067
Monday, December 12, 2011
HEARINGS
No. 11-0583/NA.
No. 11-0523/MC.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 11-0520/AR.
No. 12-0036/AR.
No. 12-0104/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0194/AR.
No. 12-0195/AR.
No. 12-0196/AF.
No. 12-0197/AR.
No. 12-0198/NA.
No. 12-0199/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-066
Friday, December 9, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0192/AR.
No. 12-0193/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-065
Thursday, December 8, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0116/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0191/AF.
INTERLOCUTORY ORDERS
No. 11-0583/NA.
No. 12-0036/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-064
Wednesday, December 7, 2011
APPEALS - SUMMARY
DISPOSITIONS
No. 12-0048/AR. U.S. v. Bobby D. JAMES. CCA 20081163.
Review granted on the following issue:
WHETHER THE SPECIFICATION OF CHARGE
II FAILS TO STATE AN OFFENSE BECAUSE IT DOES NOT ALLEGE, EXPRESSLY OR BY
NECESSARY IMPLICATION, THE "TERMINAL ELEMENT" AS REQUIRED BY UNITED
STATES v. FOSLER, 70 M.J.
225 (C.A.A.F. 2011).
No. 12-0064/MC. U.S. v. Andrew L. BIRDWELL. CCA 201100229.
On consideration of the petition for grant
of review of the decision of the United States Navy-Marine Corps Court of
Criminal Appeals, we note that the convening authority approved the sentence,
which included a dishonorable discharge, and then stated,
In accordance with the Uniform Code
of Military Justice, the Manual for Courts-Martial, applicable regulations, and
this action, the sentence is ordered executed.
No. 12-0100/AF. U.S. v. Chase C. MONTGOMERY. CCA 37556.
On consideration of the petition for grant of review of the decision of
the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the
decision of the United States Air Force Court of Criminal Appeals is
affirmed.* [See also ORDERS GRANTING
PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0048/AR. U.S. v. Bobby D. JAMES. CCA 20081163.
[See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 12-0064/MC. U.S. v. Andrew L. BIRDWELL. CCA 201100229.
[See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 12-0100/AF. U.S. v. Chase C. MONTGOMERY. CCA 37556.
[See also APPEALS-SUMMARY DISPOSITIONS this date.]
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-063
Tuesday, December 6, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0020/AR. U.S.
v. Exavious J. DAVENPORT. CCA 20090507.
No. 12-0029/AR. U.S.
v. Antonio L. ROBINSON. CCA 20081086.
No. 12-0103/AR. U.S.
v. Robert G. BULECHEK. CCA 20100565.
No. 12-0107/AF. U.S.
v. Michael O. CLARK. CCA
37494.
No. 12-0120/AR. U.S.
v. Kamien M. KING.
CCA 20090912.
No. 12-0129/AR. U.S.
v. Jeffery C. JOSEPH. CCA 20110008.
No. 12-0139/AF. U.S.
v. Ryan D. HAIGH.
CCA S31900.
No. 12-0141/AF. U.S.
v. William L. HIGDON II. CCA S31869.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0188/AR. U.S.
v. Nicholas M. DEW. CCA
20110307.
No. 12-0189/AR. U.S.
v. George SHEARS. CCA
20100027.
No. 12-0190/AR. U.S.
v. Ivan H. HUOT.
CCA 20100903.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-062
Monday, December 5, 2011
NOTICES
No.
11-0413/NA. U.S. v. Anthony P. BALLAN. CCA 201000242.
No.
11-0523/MC. U.S. v. Alexander M. WATSON.
CCA 201000263.
No. 11-0583/NA. U.S.
v. Michael D. KING, Jr. CCA 201000406.
No. 11-0615/AR. U.S.
v. Darrian S. NEALY. CCA 20100654.
In view of the existence of a vacant position on the
Court, notice is hereby given that the Chief Judge has called upon Senior Judge
Andrew S. Effron to perform judicial duties in the
above cases, and that Senior Judge Effron has
consented to perform judicial duties in the cases under Article 142(e)(1)
(A)(ii), Uniform Code of Military Justice, 10 U.S.C.
§ 942(e) (1)(A) (ii)(2006).
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0187/AF. U.S.
v. John D. HAGEN. CCA
S31915.
MISCELLANEOUS DOCKET -
FILINGS
Misc. No. 12-8007/AF.
In re Robert C. BRISSETTE, Petitioner v.
Brigadier General Jon A. Norman, USAF, Commander
Robert Stover, USN, and United States,
Respondents. CCA
2011-07. Notice is hereby given that a
petition for extraordinary relief in the nature of a writ of habeas corpus or,
in the alternative, a writ of mandamus, was filed under Rule 27(a) on November
22, 2011, and placed on the docket this date.
On consideration thereof, it is ordered that said petition is hereby
denied.
INTERLOCUTORY ORDERS
No. 12-0008/AR. U.S.
v. Alaa M. ALI.
CCA 20080559.
Appellant's motion to extend time to file a brief granted, but only up to and including January 5,
2012, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 12-0148/AR. U.S.
v. James O. MORRIS. CCA
20081169. Appellant's motion to extend
time to file the supplement to the petition for grant of review granted to
December 15, 2011.
No. 12-0149/AR. U.S.
v. Christopher L. STADEL. CCA 20090820. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to December 20, 2011.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-061
Friday, December 2, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0101/AF.
No. 12-0137/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0186/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-060
Thursday, December 1, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0118/AF.
No. 12-0135/AR.