UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-116
Monday,
February 28, 2011
CERTIFICATES FOR REVIEW FILED
No. 11-5003/NA.
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED WHEN IT HELD THAT
APPELLANT’S UNSWORN STATEMENT DURING PRESENTENCING RAISED THE “POSSIBLE
DEFENSE” OF DURESS.
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED, AS A MATTER OF
LAW, WHEN
IT FOUND THAT THE ACCUSED’S UNSWORN STATEMENT RAISED THE POSSIBILITY OF
A
DEFENSE WHEN THE FACTS ON THE RECORD DID NOT ESTABLISH A PRIMA FACIE
CASE FOR
DURESS.
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED WHEN IT SET ASIDE
THE
FINDINGS AND SENTENCE DUE TO THE MILITARY JUDGE’S FAILURE TO
INVESTIGATE
APPELLANT’S PLEA FOR THE POSSIBILITY OF A DURESS DEFENSE BECAUSE
SUICIDE
CANNOT, AS A MATTER OF LAW, BE THE THREAT NECESSARY TO ESTABLISH THE
DEFENSE OF
DURESS.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0365/AR. U.S. v. Michael S.
EUBANKS. CCA 20100604.
No.
11-0366/NA. U.S. v. Kenneth R. RITLAND. CCA 201000567.
No.
11-0367/AR. U.S. v. Georgio V.
CRUZ. CCA 20090553.
MISCELLANEOUS DOCKET - FILINGS
INTERLOCUTORY ORDERS
No.
11-0362/AR. U.S. v. Thomas G.
GENTRY. CCA 20080985. Appellant's
motion for leave to file
supplement separately from the petition for grant of review granted up
to and
including the 17th day of March 2011.
No.
11-0363/AR. U.S. v. Phillip M.T.
HUERTA. CCA 20090194. Appellant's
motion for leave to file
supplement separately from the petition for grant of review granted up
to and
including the 17th day of March 2011.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-115
Friday,
February 25, 2011
CERTIFICATE FOR REVIEW
No. 11-6003/AR.
WHETHER
THE
PETITIONS FOR GRANT OF REVIEW DENIED
No.
11-0189/AR.
No.
11-0275/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0362/AR.
No.
11-0363/AR.
No.
11-0364/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-114
Wednesday,
February 23, 2011
APPEALS-SUMMARY DISPOSITIONS
No. 09-0660/AF.
ORDERS GRANTING REVIEW
No. 10-0461/NA.
WHETHER
THE COURT OF CRIMINAL APPEALS ERRED AS A MATTER OF LAW IN DECLINING TO
APPLY MELENDEZ-DIAZ
v.
Appellant’s
brief on this issue shall be filed within 20 days of the date of this
order. Appellee’s brief shall be filed
within 20 days of the filing of Appellant’s brief.
A reply may be filed by Appellant within 5
days of Appellee’s brief.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
11-0248/AR.
No. 11-0265/AR.
No.
11-0271/AR.
No.
11-0273/AR.
No.
11-0274/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0360/AR.
No.
11-0361/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-113
Tuesday,
February 22, 2011
ORDERS GRANTING PETITION FOR REVIEW
No. 11-0154/CG.
WHETHER
THE GOVERNMENT VIOLATES THE APPELLANT'S CONSTITUTIONALLY PROTECTED
No
briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0352/AR. U.S. v. Joseph S.
BALOGUN. CCA 20100168.
No.
11-0353/AR. U.S. v. Justin C.
MOORE. CCA 20100503.
No.
11-0354/AF. U.S. v. Charles T.
SLAYTON. CCA 37663.
No.
11-0355/AF. U.S. v. Lee E. SIMS, Jr. CCA S31798.
No.
11-0356/AF. U.S. v. Elonmarie
DANAHER. CCA S31806.
No.
11-0357/AF. U.S. v. Timothy A.
TRACY. CCA S31774.
No.
11-0358/AF. U.S. v. Scott A. SMITH. CCA S31804.
No.
11-0359/AF. U.S. v. Brian K. AYRES. CCA S31790.
INTERLOCUTORY ORDERS
No.
11-0345/AR. U.S. v. Daniel L.
STALEY. CCA 20080477. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
March 10, 2011.
No.
11-0347/AR. U.S. v. David E.
RUTHERFORD. CCA 20090199. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including
March 10, 2011.
No. 11-0348/AR.
MANDATES ISSUED
No.
10-0447/AF. U.S. v. Audrey M. POPE. CCA S31578.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-112
Friday,
February 18, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0345/AR.
No.
11-0346/AR.
No.
11-0347/AR.
No.
11-0348/AR.
No.
11-0349/AF.
No.
11-0350/AF.
No. 11-0351/AF.
INTERLOCUTORY ORDERS
No.
11-0148/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-111
Thursday,
February 17, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0343/AR.
No.
11-0344/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-110
Wednesday,
February 16, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
11-0214/AR.
No.
11-0222/AR.
No.
11-0223/AR.
No.
11-0261/AF.
No.
11-0262/AF.
No.
11-0263/AF.
No.
11-0264/AR.
No.
11-0266/AR.
No.
11-0267/AR.
No.
11-0268/AR.
No. 11-0269/AR.
No.
11-0270/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0339/AR.
No.
11-0340/AR.
No.
11-0341/AR.
No.
11-0342/MC.
INTERLOCUTORY ORDERS
No.
11-0123/AR.
No.
11-0154/CG.
No.
11-0282/AR.
DAILY
JOURNAL
No.
11-109
Tuesday,
February 15, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0327/AR.
No.
11-0328/AR.
No.
11-0329/AF.
No.
11-0330/AR.
No.
11-0331/AR.
No.
11-0332/AF.
No.
11-0333/AF.
No.
11-0334/AF.
No.
11-0335/AF.
No.
11-0336/AF.
No.
11-0337/AF.
No.
11-0338/AF.
INTERLOCUTORY ORDERS
No.
10-5003/MC.
MANDATES ISSUED
No.
05-0157/NA.
No.
10-5003/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-108
Monday,
February 14, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0325/AF.
No.
11-0326/CG.
INTERLOCUTORY ORDERS
No.
11-0318/AF.
No. 11-0320/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-107
Friday,
February 11, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
11-0128/AR.
No.
11-0221/AR.
No.
11-0245/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0317/AR.
No.
11-0318/AF.
No.
11-0319/AF.
No.
11-0320/AF.
No.
11-0321/AF.
No.
11-0322/AR.
No.
11-0323/AR.
No.
11-0324/AR.
INTERLOCUTORY ORDERS
No.
11-0307/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-106
Thursday,
February 10, 2011
APPEALS-SUMMARY
DISPOSITIONS
No. 10-5004/AF.
WHETHER THE AIR
FORCE COURT OF CRIMINAL APPEALS
ERRED IN FINDING APPELLEE’S SENTENCE INAPPROPRIATELY SEVERE UNDER THE
UNIQUE
CIRCUMSTANCES OF THIS CASE AND ERRED IN AN ATTEMPT AT EXERCISING
APPELLATE
CLEMENCY BY REMANDING THE CASE TO THE CONVENING AUTHORITY WITH
INSTRUCTIONS
THAT THE CONVENING AUTHORITY MAY APPROVE AN ADJUDGED SENTENCE NO
GREATER THAN A
SUSPENDED BAD-CONDUCT DISCHARGE AND A REDUCTION TO THE GRADE OF E-1.
69
M.J. 199. Upon further consideration of
the certified issue, we note that the Court of Criminal Appeals, in its
decision of May 24, 2010,1
acted on
the sentence without acting on the findings.
This has resulted in having a case before us for review that
does not
have a complete decision on all findings and the sentence by the Court
of
Criminal Appeals as required by Article 67(c), Uniform Code of Military
Justice, 10 U.S.C. § 867(c) (2006). See
United States v. Rose, __ M.J. ____ (C.A.A.F. Nov. 9, 2010)
(order). Accordingly, it is ordered that
the case is
returned to the Judge Advocate General of the Air Force for remand to
the lower
court for further action consistent with this order.
_____________________
PETITIONS FOR GRANT OF REVIEW DENIED
No.
11-0116/MC.
No.
11-0129/AR.
No.
11-0157/AR.
No.
11-0218/AF.
No.
11-0225/AR.
No.
11-0228/AR.
No.
11-0250/AR.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No.
11-0104/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0312/AR.
No.
11-0313/AR.
No.
11-0314/AR.
No.
11-0315/AR.
No.
11-0316/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-105
Wednesday,
February 9, 2011
ORDERS GRANTING PETITION FOR REVIEW
No. 11-0149/MC.
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 RECENT
OPINIONS IN MEDINA, MILLER AND JONES.
Briefs
will be filed under Rule 25.
No. 11-0167/AR.
WHETHER
A REASONABLE PERSON WOULD QUESTION THE TRIAL JUDGE'S IMPARTIALITY WHEN
A SENIOR
MILITARY JUDGE, WHO APPEARED TO HAVE ASSISTED THE GOVERNMENT DURING
TRIAL, ENTERED
THE TRIAL JUDGE'S CHAMBERS DURING RECESSES AND DELIBERATIONS, IN
VIOLATION OF
APPELLANT'S RIGHT TO DUE PROCESS.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
11-0178/AR.
No.
11-0208/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0304/AR.
No.
11-0305/AR.
No.
11-0306/AR.
No.
11-0307/AR.
No. 11-0308/MC.
No.
11-0309/AR.
No.
11-0310/AR.
No.
11-0311/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
11-8008/NA. James D. GUTHRIE, Appellant
v.
Misc. No.
11-8013/AR.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
11-8016/NA. Brian S. WARD, Appellant v.
Colonel Eric Belcher,
INTERLOCUTORY ORDERS
No. 07-0253/NA.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-104
Tuesday,
February 8, 2011
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0242/AR.
No. 11-0244/AF.
No. 11-0246/AR.
No. 11-0247/AF.
No. 11-0251/AF.
No. 11-0252/AR.
No. 11-0253/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0302/AR.
No. 11-0303/MC.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
PETITIONS FOR RECONSIDERATION DENIED
Misc. No.
11-8015/AR.
INTERLOCUTORY ORDERS
No. 11-8013/AR.
MANDATES ISSUED
No. 10-0397/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-103
Monday,
February 7, 2011
HEARINGS
No.
10-0291/NA.
No.
10-0572/AF.
No.
10-6010/CG.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
11-0240/AF.
No.
11-0241/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0298/AR.
No.
11-0299/AR.
No.
11-0300/AR.
No.
11-0301/MC.
DAILY
JOURNAL
No.
11-102
Friday,
February 4, 2011
PETITIONS FOR GRANT OF REVIEW DENIED
No.
10-0033/AR.
No.
11-0220/AR.
No.
11-0230/AR.
No.
11-0232/AR.
No.
11-0233/AR.
No.
11-0234/AR.
No. 11-0235/AF.
No.
11-0236/AR.
No.
11-0237/AR.
No.
11-0238/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0294/AR.
No.
11-0295/AR.
No.
11-0296/AR.
No.
11-0297/AR.
INTERLOCUTORY ORDERS
No. 11-6002/AF.
No. 11-8009/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-101
Wednesday,
February 2, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0292/MC.
No.
11-0293/CG.
MANDATES ISSUED
No.
08-0335/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-100
Tuesday,
February 1, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0291/AF.