UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-092
Thursday,
January 20, 2011
PETITIONS FOR GRANT OF REVIEW DENIED
No.
11-0137/AF.
No.
11-0203/AR.
No.
11-0204/AR.
No.
11-0205/AR.
No.
11-0206/AF.
No.
11-0207/AF.
No.
11-0209/AF.
No.
11-0211/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0272/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-091
Wednesday,
January 19, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
11-0180/AR.
No.
11-0181/AR.
No.
11-0190/AR.
No.
11-0191/AR.
No.
11-0192/AR.
No.
11-0193/AR.
No. 11-0194/AR.
No.
11-0195/AR.
No.
11-0197/AR.
No.
11-0198/AR.
No.
11-0199/AR.
No.
11-0201/AR.
No.
11-0202/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0271/AR.
INTERLOCUTORY ORDERS
No.
10-0483/AR.
MANDATES ISSUED
No.
10-0349/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-090
Tuesday,
January 18, 2011
INTERLOCUTORY ORDERS
No. 10-5003/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-089
Friday,
January 14, 2011
ORDERS GRANTING
PETITION FOR REVIEW
No. 11-0131/AF.
WHETHER
THE STAFF JUDGE ADVOCATE ERRED IN ADVISING THE CONVENING AUTHORITY,
PURSUANT TO
RULE FOR COURTS-MARTIAL (RCM) 1106 THAT NO NEW TRIAL WAS WARRANTED, AND
WHETHER
THE CONVENING AUTHORITY ERRED BY FAILING TO ORDER A NEW TRIAL DESPITE
THE STAFF
JUDGE ADVOCATE'S ACKNOWLEDGEMENT THAT APPELLANT HAD PRESENTED NEW
EVIDENCE THAT
FELL WITHIN THE PARAMETERS OF RCM 1210.
Briefs
will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0261/AF.
No.
11-0262/AF.
No.
11-0263/AF.
No.
11-0264/AR.
No.
11-0265/AR.
No.
11-0266/AR.
No.
11-0267/AR.
No.
11-0268/AR.
No.
11-0269/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-088
Thursday,
January 13, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
11-0136/AR.
No.
11-0159/AR.
No.
11-0175/AR.
No.
11-0182/AR.
No.
11-0185/AR.
No.
11-0186/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0259/AR.
No.
11-0260/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 11-8006/AR.
MISCELLANEOUS DOCKET - FILINGS
INTERLOCUTORY ORDERS
No.
11-8013/AR.
DAILY
JOURNAL
No.
11-087
Wednesday,
January 12, 2011
HEARINGS
No.
10-0642/AR.
No.
10-0567/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-086
Tuesday,
January 11, 2011
HEARINGS
No.
10-0317/NA.
No.
10-5004/AF.
APPEALS SUMMARY-DISPOSITIONS
No. 11-0021/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
11-0158/AR.
No.
11-0169/AF.
No.
11-0170/AF.
No.
11-0171/AF.
No.
11-0172/AF.
No.
11-0173/AF.
No.
11-0174/AF.
No.
11-0176/AR.
No.
11-0177/AR.
No.
11-0179/AR.
MISCELLANEOUS DOCKET FILINGS
No. 11-8009/MC. Frank D. WUTERICH, Appellant v. David L. Jones, Lieutenant Colonel, U.S. Marine Corps,
in his official capacity as Military Judge, and United States,
Appellees. In compliance
with this Court’s order __ M.J. __
(Daily Journal December 20, 2010), the United States Navy-Marine Corps
Court of
Criminal Appeals completed further review of the above-captioned matter
and
returned the record to this Court on January 7, 2011, and the case has
been
placed on the docket this 11th day of January 2011.
In view of the fact that the parties have not
had an opportunity to submit additional pleadings on the most recent
review by
the Court of Criminal Appeals, it is ordered that consistent with Rule
19(e),
Rules of Practice and Procedure of the United States Court of Appeals
for the
Armed Forces, Appellant shall file a supplemental brief within 20 days
of the
date of this order. Appellees shall file
an answer brief within 10 days of the filing of Appellant’s brief. Appellant may file a reply brief within 5
days of the filing of Appellees’ brief.
Counsel may contact the Clerk’s Office regarding access to the
sealed
material and the transcript of the Article 39(a) sessions held on
September 13
and 14, 2010.
INTERLOCUTORY ORDERS
No.
11-0254/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-085
Monday,
January 10, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0255/AR.
No.
11-0256/MC.
No.
11-0257/MC.
No.
11-0258/MC.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
11-8013/AR. Andrew H. HOLMES, Appellant,
v. The
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-084
Friday,
January 7, 2011
PETITIONS FOR GRANT OF
REVIEW FILED
No.
11-0243/AR.
No.
11-0244/AF.
No. 11-0245/AR.
No.
11-0246/AR.
No.
11-0247/AF.
No.
11-0248/AR.
No.
11-0249/AR.
No.
11-0250/AR.
No.
11-0251/AF.
No.
11-0252/AR.
No.
11-0253/AR.
No.
11-0254/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-083
Thursday,
January 6, 2011
ORDERS GRANTING PETITION FOR REVIEW
No. 11-0105/AF.
WHETHER
THE MILITARY JUDGE COMMITTED PREJUDICIAL ERROR BY APPLYING DOUBLE THE
ACTUAL
MAXIMUM SENTENCE.
No
briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF REVIEW FILED
No.
11-0242/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-082
Wednesday,
January 5, 2011
ORDERS GRANTING
PETITION FOR REVIEW
No.
11-0148/MC.
IT IS A
FUNDAMENTAL TENET OF
CRIMINAL LAW THAT THE GOVERNMENT MUST PROVE EVERY ELEMENT OF AN OFFENSE
BEYOND
A REASONABLE DOUBT. IN A PROSECUTION
UNDER CLAUSE 2 OF ARTICLE 134, THE GOVERNMENT MUST PROVE THAT THE
CHARGED CONDUCT
WAS OF A NATURE TO BRING DISCREDIT UPON THE ARMED FORCES.
DID THE LOWER COURT'S HOLDING THAT CHILD
PORNOGRAPHY POSSESSION BY A UNIFORMED MEMBER OF THE ARMED FORCES IS PER
SE
SERVICE DISCREDITING VIOLATE THIS FUNDAMENTAL TENET?
WHETHER THE
EVIDENCE IS
LEGALLY SUFFICIENT TO SUSTAIN APPELLANT'S CONVICTION FOR CHILD
PORNOGRAPHY
POSSESSION UNDER CLAUSE 2 OF ARTICLE 134 WHERE APPELLANT'S CONDUCT TOOK
PLACE
IN PRIVATE, WAS NOT DISCOVERED BY ANY MEMBER OF THE PUBLIC OR MILITARY,
AND WAS
INVESTIGATED BY TWO DEPARTMENT OF DEFENSE EMPLOYEES WHO SPECIALIZE IN
INVESTIGATING CRIMES COMMITTED BY SERVICE MEMBERS.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY
DISPOSITIONS
No. 10-0660/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0239/AR.
No. 11-0240/AF.
No. 11-0241/AF.
INTERLOCUTORY ORDERS
No. 10-0317/NA.
No. 10-0512/AR.
No. 10-0567/AF.
No. 11-0239/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-081
Tuesday,
January 4, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
11-0085/AR.
No.
11-0109/AR.
No.
11-0125/AF.
No.
11-0150/MC.
No.
11-0161/AR.
No.
11-0162/AR.
No.
11-0163/AR.
No.
11-0164/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
10-0660/AF.
No.
11-0231/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.
INTERLOCUTORY ORDERS
No. 11-0184/AF.
No.
11-0231/AR.
*
Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
11-080
Monday,
January 3, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
11-0135/AR.
No.
11-0142/AR.
No.
11-0155/AR.
No.
11-0156/AR.
No.
11-0160/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
00-0252/AR.
INTERLOCUTORY ORDERS
No. 10-0317/NA.
SPECIAL DOCKET MATTERS
No. 11-07. It the matter of Daniel A. Woolverton. In appearing that the above-named attorney is a member of the Bar of this Court, that he was indefinitely suspended from the practice of law in the U.S. Army Court of Criminal Appeals, that having suspended by this Court and ordered to show cause why he should not be disbarred by this Court pursuant to Rule 15(b), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, and that said attorney has not responded to the show cause order, it is ordered that Daniel Woolverton is hereby disbarred from the practice of law before this Court effective this date.
*
Second
petition filed in this case.