DAILY JOURNAL
No. 11-137
Thursday, March 31, 2011
APPEALS - SUMMARY DISPOSITIONS
No. 11-0366/NA. U.S. v. Kenneth R. RITLAND. CCA 201000567.
On consideration of the petition for grant of review of the decision of
the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered
that said petition is hereby granted, and that the decision of the United
States Navy-Marine Corps Court of Criminal Appeals is affirmed.* [See
also ORDERS GRANTING PETITION FOR REVIEW this date.]
* It is directed that the promulgating order be corrected to reflect the
date the sentence was adjudged.
ORDERS GRANTING PETITION FOR REVIEW
No. 11-0143/AR. U.S. v. Aaron R. STANLEY.
CCA
20050703.
Review granted on the following issue:
WHETHER THE MILITARY JUDGE'S
INSTRUCTIONS ON SELF-DEFENSE WERE INCORRECT AND INCOMPLETE, AND IF SO, WHETHER
THE LOWER COURT
ERRED IN CONCLUDING THAT THIS CONSTITUTED HARMLESS ERROR.
Briefs will be filed under Rule 25.
No. 11-0231/AR.
U.S. v. William J. KREUTZER, Jr.
CCA
19961044.
Review granted on the following issue:
WHETHER THE MILITARY JUDGE ERRED WHEN HE DENIED APPELLANT'S MOTION
SEEKING SENTENCE CREDIT BECAUSE OF THE GOVERNMENT'S MULTIPLE VIOLATIONS OF
ARTICLE 13,UCMJ, AND THE RULES FOR COURT-MARTIAL RESULTING IN APPELLANT'S
ILLEGAL PRETRIAL CONFINEMENT.
Briefs will be filed under Rule 25.
No. 11-0366/NA. U.S. v. Kenneth R. RITLAND. CCA 201000567.
[See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 11-6004/MC. U.S. v. Caleb P. HOHMAN. CCA 201000563.
On consideration of the petition for grant of review of the decision of
the United States Navy-Marine Corps Court of Criminal Appeals on appeal by
United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, it is ordered that said petition is hereby
granted on the following issue:
WHETHER THE NMCCA ERRED IN FINDING
GOOD CAUSE FOR THE SEVERANCE OF SGT HOHMAN’S
ATTORNEY-CLIENT RELATIONSHIP WITH HIS DETAILED DEFENSE COUNSEL WHERE (1) THE
COUNSEL REQUESTED TO STAY ON ACTIVE DUTY TO REPRESENT SGT HOHMAN,
(2) THE GOVERNMENT REJECTED THAT REQUEST AND HAS NOT DEMONSTRATED THAT IT DID
SO DUE TO TRULY EXTRAORDINARY CIRCUMSTANCES OR MILITARY EXIGENCY, AND (3) THE
JUDGE DID NOT DISCUSS THE COUNSEL’S DEPARTURE WITH SGT HOHMAN
UNTIL MONTHS AFTER THE SEVERANCE.
It is further ordered that the above-entitled action be
called for hearing on the 18th day of May, 2011. This hearing will commence immediately
following the hearing in United States v. Prince, No. 11-6003/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0316/AR. U.S. v. Jorge D. CADENAS. CCA 20100547.
No. 11-0365/AR. U.S. v. Michael S. EUBANKS.
CCA
20100604.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0419/AR. U.S. v. Bradley L. GUMP. CCA 20100546.
No. 11-0420/AR. U.S. v. Cody T. SMITH. CCA 20100646.
INTERLOCUTORY ORDERS
No. 09-5003/AF. U.S. v. Brandon T. ROSE. CCA 36508. Notice is hereby given that a motion for
enlargement of time to file a certificate for review of the decision of the
United States Air Force Court of Criminal Appeals and supporting brief was
filed by Appellant under Rule 30 on this 31st day of March, 2011.
No. 11-8017/AR. In Re Staff
Sergeant Daniel GASKINS, United States Army, Petitioner v. Colonel John B.
Hoffman, Colonel David L. Conn, Colonel Mark L. Johnson, Colonel Theresa A.
Gallagher, Colonel Eugene E. Baime, And Lieutenant
Colonel Paulette V. Burton, United
States Army, Respondents. CCA 20080132. On
consideration of Petitioner’s motion to stay the proceedings of the sentence
hearing authorized by the United States Army Court of Criminal Appeals, it is
ordered that said motion is hereby granted pending further order of the Court.
DAILY JOURNAL
No. 11-136
Wednesday, March 30, 2011
HEARINGS
No. 11-8009/MC. U.S. v. Frank D. WUTERICH. CCA 200800183.
No. 11-6002/AF. U.S. v. Rory J. SCHUBER. CCA 2010-14.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0301/MC. U.S. v. Jesse A. SPICER. CCA 201000241.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0418/AR. U.S. v. Jacob M. PAPPAS. CCA 20091070.
DAILY JOURNAL
No. 11-135
Tuesday, March 29, 2011
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0326/CG. U.S. v. Anthony KOWALSKI.
CCA
1330.
No. 11-0360/AR. U.S. v. Dominic E. SPRIVEY. CCA 20090482.
No. 11-0364/AR. U.S. v. Anthony J. PEREZ.
CCA
20100147.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0414/AR. U.S. v. Matthias DAUGHERTY.
CCA
20100473.
No. 11-0415/AR. U.S. v. Anthony W. DAISEY, Jr. CCA 20100330.
No. 11-0416/AR. U.S. v. Kijan A. EDWARDS. CCA 20100593.
No. 11-0417/AR. U.S. v. Alexis J. PINTO. CCA 20100089.
PETITIONS FOR RECONSIDERATION DENIED
No. 10-0262/MC. U.S. v. Jose MEDINA. CCA 200900053. On
consideration of Appellant’s petition for reconsideration of this Court’s
decision, United States v. Medina, 69 M.J. 462
(C.A.A.F. 2011), it is ordered that said petition for
reconsideration be, and the same is hereby denied.
INTERLOCUTORY ORDERS
No. 11-8009/MC. Frank D. WUTERICH,
Appellant v. David L. Jones, Lieutenant Colonel, United States Marine Corps, in
his official capacity as Military Judge, and United States, Appellees. CCA 200800183.
Appellant’s motion to attach additional pages of the record is
granted. Appellee’s
motion to submit excerpt from the record of trial is granted.
MANDATES ISSUED
No. 10-0588/AF. U.S. v. Christopher J. CLARK.
CCA
37499.
UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES
DAILY JOURNAL
No. 11-134
Monday, March 28, 2011
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0401/AF. U.S. v. David M. ATTARDO. CCA S31853.
No. 11-0402/AF. U.S. v. Robert M. BELCHER.
CCA
37557.
No. 11-0403/AF. U.S. v. Brent A. CAMPBELL.
CCA
37460.
No. 11-0404/AF. U.S. v. Kyle W. CASS. CCA S31800.
No. 11-0405/AF. U.S. v. David C. FARROW. CCA S31666.
No. 11-0406/AF. U.S. v. Neil F. GILLOTTI. CCA 37686.
No. 11-0407/AF. U.S. v. Brandon D. HARTMAN.
CCA
37684.
No. 11-0408/AF. U.S. v. Jacob M. HAWKES. CCA S31754.
No. 11-0409/AF. U.S. v. Charles J. HAYES.
CCA
37677.
No. 11-0410/AF. U.S. v. Sean HIGGINS. CCA 37576.
No. 11-0411/AF. U.S. v. Adam T. HOFFMAN. CCA 37597.
No. 11-0412/AF. U.S. v. Bradley M. HOLT. CCA S31750.
No. 11-0413/NA. U.S. v. Anthony P. BALLAN. CCA 201000242.
INTERLOCUTORY ORDERS
No. 11-0361/AR. U.S. v. Mark C. CHARTIER. CCA 20100312.
Appellant's second motion to extend time to file the
supplement to the petition for grant of review granted, up to and
including April 8, 2011, and absent extraordinary circumstances,
no further extension of time will be granted in this case.
No. 11-0400/AR. U.S. v. Michael T. MCNAUGHTON.
CCA
20090596. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted,
up to and including April 14, 2011.
DAILY JOURNAL
No. 11-133
Friday, March 25, 2011
APPEALS - SUMMARY DISPOSITIONS
No. 11-0354/AF. U.S. v. Charles T. SLAYTON.
CCA
37663.
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 that the decision of the United States Air
Force Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETTION FOR
REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 11-0354/AF. U.S. v. Charles T. SLAYTON.
CCA
37663.
[See also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0290/NA. U.S. v. Kendal P. HEEREN. CCA 201000509.
No. 11-0302/AR. U.S. v. Tommy J. FOSTER, Jr.
CCA
20090320.
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. 11-0355/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.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0400/AR. U.S. v. Michael T. MCNAUGHTON.
CCA
20090596.
INTERLOCUTORY ORDERS
No. 11-0166/AF. U.S. v. Harley LUSK. CCA S31624. On consideration of the motion to file a brief
as Amicus Curiae out of time, it ordered that said motion is hereby granted.
No. 11-8009/MC. Frank D. WUTERICH,
Appellant v. David L. Jones, Lieutenant Colonel, United States Marine Corps, in
his official capacity as Military Judge, and United States, Appellees. CCA 200800183. On
consideration of Government’s motion to correct errata, it is ordered that said
motion is herby granted.
______________________________
* It is directed that the promulgating
order be corrected to reflect Charge I as a violation of Article 120.
DAILY JOURNAL
No. 11-132
Thursday, March 24, 2011
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0397/AR. U.S. v. Kali A. MOULTON. CCA 20100265.
No. 11-0398/AR. U.S. v. William H. STEELE.
CCA
20071177.
No. 11-0399/NA. U.S. v. Willie A. BRADLEY.
CCA
200501089.
INTERLOCUTORY ORDERS
No. 11-0320/AF. U.S. v. Crane XU. CCA 37722. Appellant’s third motion to
extend time to file the supplement to the petition for grant of review granted,
but only up to and including March 31, 2011, and absent
extraordinary circumstances ,no further extension of time will be granted to
file the supplement in this case.
MANDATES ISSUED
No. 10-0345/AF. U.S. v. Stephen A. PRATHER.
CCA
37329.
DAILY JOURNAL
No. 11-131
Wednesday, March 23, 2011
INTERLOCUTORY ORDERS
No. 11-8009/MC. Frank D. WUTERICH,
Appellant v. David L. Jones, Lieutenant Colonel, United States Marine Corps, in
his official capacity as Military Judge, and United States, Appellees. CCA 200800183. Appellees’ motion to extend time to comply with this
Court’s order granted to March 24, 2011.
DAILY JOURNAL
No. 11-130
Tuesday, March 22, 2011
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0067/AR. U.S. v. Timothy B. FILLINGER. CCA 20100155.
No. 11-0305/AR. U.S. v. Patrick J. ROSINI. CCA 20080247.
No. 11-0343/AR. U.S. v. Willie R. MABRY. CCA 20100194.
No. 11-0346/AR. U.S. v. Stacy L. LAURITSEN. CCA 20090350.
No. 11-0349/AF. U.S. v. Kenneth D. BEAVER, II.
CCA
37654.
No. 11-0350/AF. U.S. v. Michael V. GOULETTE. CCA 37650.
No. 11-0351/AF. U.S. v. Billie C. BARNARD.
CCA
37638.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0396/MC. U.S. v. Joshua D. FRY. CCA 201000179.
DAILY JOURNAL
No. 11-129
Monday, March 21, 2011
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0281/AR. U.S. v. Brandonn R. LEMKEE. CCA 20100343.
No. 11-0283/AR. U.S. v. Johnathan D. GIBSON. CCA 20100164.
No. 11-0325/AF. U.S. v. Adam MOORE. CCA 37452.
No. 11-0329/AF. U.S. v. Ryan J. VAN PROOYEN. CCA S31777.
No. 11-0330/AR. U.S. v. Greg C. ADAMS. CCA 20100223.
No. 11-0331/AR. U.S. v. Rashad R. STRAITE. CCA 20100690.
No. 11-0332/AF. U.S. v. Ryan W. GIFFORD. CCA S31773.
No. 11-0334/AF. U.S. v. Jeffrey D. MCKINNEY.
CCA
37559.
No. 11-0335/AF. U.S. v. Chad A. ARROWSMITH. CCA 37590.
No. 11-0336/AF. U.S. v. Joseph D. MINNICK.
CCA
37653.
No. 11-0337/AF. U.S. v. Francisco J. REYES.
CCA
S31742.
No. 11-0338/AF. U.S. v. Renee M. TEDESCHI. CCA S31757.
No. 11-0339/AR. U.S. v. Joshua J. SPURGEON.
CCA
20100097.
No. 11-0340/AR. U.S. v. Larry S. ROBERTS.
CCA
20100834.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0394/AR. U.S. v. Daniel J. VINATIERI. CCA 20091170.
No. 11-0395/AR. U.S. v. Keegan W. RUSSELL.
CCA
20100527.
DAILY JOURNAL
No. 11-128
Friday, March 18, 2011
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0388/AR. U.S. v. Alexander N. ROBINSON.
CCA
20100550.
No. 11-0389/AR. U.S. v. Kenneth L. GOODMAN.
CCA
20090083.
No. 11-0390/AR. U.S. v. Jeremy A. WEHRING. CCA 20100572.
No. 11-0391/AR. U.S. v. Steven K. SHAFER.
CCA
20090650.
No. 11-0392/AR. U.S. v. Damon L. ALSUP. CCA 20091114.
No. 11-0393/NA. U.S. v. Daniel W. BARTOLO. CCA 201000212.
INTERLOCUTORY ORDERS
No. 11-0148/MC. U.S. v. David J. PHILLIPS.
CCA
200900568. The motion filed by
Amicus Curiare, the McGeorge
Appellate Advocacy Clinic, to correct errata is granted.
No. 11-0385/AR. U.S. v. Matthew B. MORRISON.
CCA
20090279. Appellant’s motion to
extend time to file the supplement to the petition for grant of review granted
to April 6, 2011.
DAILY JOURNAL
No. 11-127
Thursday, March 17, 2011
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0381/AR.
U.S. v. Robert E. BRINKLEY, III. CCA 20100595.
No. 11-0382/AR. U.S. v. Kevin T. PIERCE. CCA 20090014.
No. 11-0383/NA. U.S. v. Gary W. LUMPKINS, Jr. CCA 201000554.
No. 11-0384/AR. U.S. v. Riki K. MOSS. CCA 20100439.
No. 11-0385/AR. U.S. v. Matthew B. MORRISON.
CCA 20090279.
No. 11-0386/AR. U.S. v. Jose J. MUNOZ, Jr.
CCA
20091115.
No. 11-0387/AR. U.S. v. Erick E. RODRIGUEZ.
CCA
20100347.
PETITIONS FOR RECONSIDERATION DENIED
No. 10-0345/AF. U.S. v. Stephen A. PRATHER.
CCA
37329. On consideration of the Appellee’s petition for reconsideration of this Court’s
decision in the above-captioned case, 69 M.J. 338 (C.A.A.F. 2011), the answer thereto, the motion of the
Navy-Marine Corps Appellate Government Division for leave to file an amicus
petition for reconsideration, and the amicus petition for reconsideration, it
is ordered that the Navy-Marine Corps Appellate Government Division’s motion
for leave to file an amicus petition for reconsideration will be considered as
a motion to file an amicus curiae brief in support of Appellee’s
petition for reconsideration under U.S.C.A.A.F. Rule
26, and will be, and the same is, hereby granted, and that the Appellee’s petition for reconsideration be, and the same
is, hereby denied.
INTERLOCUTORY ORDERS
No. 11-0143/AR. U.S. v. Aaron R. STANLEY.
CCA
20050703. Appellee's
motion to file ten-day letter out of time denied.
No. 11-0166/AF. U.S. v. Harley LUSK. CCA S31624. On consideration of the motions filed by
Professor George Fisher, Stanford Law School, to appear pro hac
vice as counsel of record for Amicus Curiae, to file a brief as Amicus Curiae
out of time, to allow the appearance of a law student on behalf of Amicus
Curiae, for Mr. Greg Young to appear as Amicus Curiae, and to submit oral
argument, it is ordered that said motions are hereby granted. The Amicus Curiae will be allotted 10 minutes
to present oral argument.
DAILY JOURNAL
No. 11-126
Wednesday, March 16, 2011
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0378/AR. U.S. v. Shawn F. FALCON. CCA 20100180.
No. 11-0379/AR. U.S. v. Francesco A. TEJADA. CCA 20090563.
No. 11-0380/MC.
U.S. v. Napoleon C. HERNANDEZ.
CCA
201000427.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 11-8019/AR. Josh R. RITTENHOUSE,
Petitioner v. United States,
Respondent. CCA 20050411. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of error coram
nobis was filed under Rule 27(a) on this date.
DAILY JOURNAL
No. 11-125
Tuesday, March 15, 2011
ORDERS GRANTING PETITION FOR REVIEW
No. 11-0243/AR. U.S. v. John A. MCCARY. CCA 20090601.
On consideration of the petition for grant of review of the decision of
the United States Army Court of Criminal Appeals, we conclude that Appellant
was denied his Sixth Amendment right to effective assistance of counsel in
post-trial representation, where his trial defense counsel asserted in his
clemency submission that Appellant had a prior federal conviction for violating
a general order and adultery, when no such conviction was part of the
record. Accordingly, it is ordered that
said petition is hereby granted on the following issue:
WHETHER APPELLANT WAS DENIED HIS
SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHEN HIS TRIAL DEFENSE
COUNSEL INCLUDED INCORRECT AND DAMAGING INFORMATION ABOUT OTHER CONVICTIONS IN
HIS RCM 1105/1106 SUBMISSION, THEREBY FRUSTRATING
APPELLANT'S CHANCES OF RECEIVING CLEMENCY.
The decision of the United States Army Court of Criminal
Appeals is reversed, and the convening authority’s action is set aside. The record of trial is returned to The Judge
Advocate General for a new action by the same or a different convening
authority.*
______________________________
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0312/AR. U.S. v. George B. CLARK, Jr.
CCA
20100103.
No. 11-0313/AR. U.S. v. Fan FAN. CCA 20100126.
No. 11-0314/AR. U.S. v. Eugene R. DEAN, Jr.
CCA
20100557.
No. 11-0315/AR. U.S. v. Sean D. BELL. CCA 20090992.
No. 11-0317/AR. U.S. v. Aaron M. CALVIN. CCA 20100671.
No. 11-0319/AF. U.S. v. Matthew R. LORDIER. CCA 37601.
No. 11-0321/AF. U.S. v. Anthony K. BRANCH. CCA S31691.
No. 11-0322/AR. U.S. v. Daniel J. ANTONSON. CCA 20080620.
No. 11-0323/AR. U.S. v. Nicholas L LOPEZ. CCA 20100549.
No. 11-0324/AR. U.S. v. Brandon L. KEMP. CCA 20100509.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0374/AR. U.S. v. Lelan M. SHANKLES.
CCA 20100307.
No. 11-0375/AR. U.S. v. Jesse B. JOHNSTON III. CCA 20100611.
No. 11-0376/AR. U.S. v. Michael J. FERGUSON II. CCA 20100244.
No. 11-0377/AR. U.S. v. Jason E. MANSOUR. CCA 20100507.
INTERLOCUTORY ORDERS
No. 10-0461/NA. U.S. v. Joseph A. SWEENEY. CCA 200900468. Appellee's motion to extend time to file a brief on the
specified issue is granted, but only up to and including April 11, 2011,
and absent extraordinary circumstances, no further extension of time will
granted in this case.
No. 11-0361/AR.
U.S.
v. Mark C. CHARTIER. CCA 20100312. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to March 28, 2011.
No. 11-6002/AF. U.S. v. Rory J. SCHUBER. CCA 2010-14. Appellant's motion for leave to file a joint
appendix granted. The joint appendix
will be filed on or before March 18, 2011.
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. On consideration of the pleadings and record
in the above-captioned case, the Court notes that appellate counsel have
referenced Article 39(a), UCMJ, sessions at the
court-martial where trial defense counsel were identified or accounted for and
where the military judge discussed counsel rights with the Appellant. It is also noted that the record held by the
Court does not contain complete authenticated transcripts of the sessions. Accordingly, it is ordered that the
government produce authenticated transcripts of those portions of any Article
39(a) sessions in the court-martial of United States v. Wuterich
between August 6, 2008 and September 13, 2010, specifically including, but not
limited to, March 11, 2009, March 22, 2009, March 22, 2010 (this Court is aware
there may be only one March 22 session, but there are references to both),
March 23-24, 2010, March 26, 2010, May 13, 2010, and May 14, 2010, where
counsel were identified or accounted for and where the military judge discussed
counsel rights with the Appellant, and that the authenticated transcripts be
filed with the Court on or before March 23, 2011.
MANDATES ISSUED
No. 11-0019/AF. U.S. v. Shannon L. DOLLAR.
CCA
S31607.
No. 11-0210/AF. U.S. v. Terris N. CAVITT. CCA S31637.
UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES
DAILY JOURNAL
No. 11-124
Monday, March 14, 2011
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0272/AR. U.S. v. Joseph P. MAYO. CCA 20090272.
No. 11-0288/AR. U.S. v. Martin A. TUTT. CCA 20090590.
No. 11-0304/AR. U.S. v. Jason C. WILLIAMS.
CCA
20090884.
No. 11-0306/AR. U.S. v. Ryan C. MARCH. CCA 20100260.
No. 11-0308/MC. U.S. v. Daniel W. HATCHER.
CCA
200900572.
No. 11-0309/AR. U.S. v. James D. MCKENDRICK. CCA 20100415.
No. 11-0310/AR. U.S. v. Zachary W. LOCKARD. CCA 20100470.
No. 11-0311/AR.
U.S. v. Romell A. TAYLOR-SMITH. CCA 20100569.
DAILY JOURNAL
No. 11-123
Friday, March 11, 2011
APPEALS - SUMMARY DISPOSITIONS
No. 11-0278/AR. U.S. v. Tommy R. ESTES. CCA 20090385. On consideration
of the petition for grant of review of the decision of the United States Army
Court of Criminal Appeals, it is ordered that said petition is hereby granted,
and the decision of the United States Army Court of Criminal Appeals is
affirmed.* [See also
ORDERS GRANTING PETITION FOR REVIEW this date.]
* It is directed that the promulgating order be corrected
to reflect that the date of sentencing was 29 April 2009.
No. 11-0292/MC. U.S. v. Joseph J. KARRAS. CCA 201000340.
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 bad-conduct
discharge, and then stated,
ORDERS GRANTING PETITION FOR REVIEW
No. 11-0278/AR. U.S. v. Tommy R. ESTES. CCA 20090385. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 11-0292/MC. U.S. v. Joseph J. KARRAS. CCA 201000340. [See
also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0259/AR.
U.S. v. Jeffery D. MARJERRISON. CCA 20100460.
No. 11-0277/AR. U.S. v. Tristan L. DAWSON.
CCA
20090889.
No. 11-0298/AR. U.S. v. Scott E. MYERS. CCA 20100381.
No. 11-0299/AR. U.S. v. Dwayne D. WHITE. CCA 20100462.
No. 11-0300/AR. U.S. v. Andre F. SAENZ. CCA 20100173.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0373/AR. U.S. v. Joshua W. HERNDON.
CCA
20090574.
MISCELLANEOUS DOCKET - SUMMARY
DISPOSITIONS
Misc. No. 11-8018/NA.
U.S. v. Richard T. PEARCE.
CCA
201100110. On consideration of
the writ-appeal petition and Appellant’s motion to stay the proceedings, it is
ordered that said motion is hereby denied, and that said writ-appeal is hereby
denied.
INTERLOCUTORY ORDERS
No. 11-0345/AR. U.S. v. Daniel L. STALEY.
CCA
20080477. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review granted, up to and including March 24, 2011, and
absent extraordinary circumstances, no further extension of time will be
granted in this case.
UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES
DAILY JOURNAL
No. 11-122
Wednesday, March 9, 2011
MANDATES ISSUED
No. 10-0565/AF. U.S. v. Samuel LOFTON III.
CCA
37317.
DAILY JOURNAL
No. 11-121
Tuesday, March 8, 2011
ORDERS GRANTING PETITION FOR REVIEW
No. 11-0257/MC. U.S. v. Thomas J. SCHUMACHER.
CCA
201000153.
Review granted on the following issue:
WHETHER THE MILITARY JUDGE ERRED IN
REFUSING TO GIVE A SELF-DEFENSE INSTRUCTION.
Briefs will be filed under Rule 25. Appellant’s brief shall be filed within 25 days
of the date of this order. Appellee’s brief shall be filed within 25 days of the
filing of Appellant’s brief. Appellant
may file a reply brief within 5 days of the filing of Appellee’s
brief.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0260/AR. U.S. v. Christopher P. SEGURA.
CCA
20090722.
No. 11-0294/AR. U.S. v. Bowman S. RYAN. CCA 20100402.
No. 11-0295/AR. U.S. v. Nathaniel P. MCCOY.
CCA
20100380.
No. 11-0296/AR.
U.S. v. Randoph C. RUSSELL, Jr. CCA 20100032.
No. 11-0297/AR. U.S. v. Neio R. WINGATE. CCA 20100534.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0372/AR. U.S. v. Jacob L. COFFEY. CCA 20091111.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 11-8018/NA.
U. S.
v. Richard T. PEARCE. CCA 201100110. Notice is hereby given that a writ-appeal
petition for review of the decision of the United States Navy-Marine Corps
Court of Criminal Appeals on application for extraordinary relief was filed
under Rule 27(b) on this date.
INTERLOCUTORY ORDERS
No. 11-0123/AR.
U.S. v. Bryant K. MARSH. CCA 20080382. Appellee’s motion
to supplement the joint appendix is granted.
No. 11-0282/AR.
U.S. v. Bobby D. MORRISSETT. CCA 20090166. Appellant’s
second motion to extend time to file the supplement to the
petition for grant of review, it is ordered that said motion is hereby granted,
up to and including March 21, 2011, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
MANDATES ISSUED
No. 10-0484/AR. U.S. v. Jamaal LEWIS. CCA 20061070.
DAILY JOURNAL
No. 11-120
Monday, March 7, 2011
HEARINGS
No. 11-0089/AR. U.S. v. Mervyn W. OLIVER Jr. CCA 20091109.
No. 11-0123/AR. U.S. v. Bryant K. MARSH. CCA 20080382.
DAILY JOURNAL
No. 11-119
Friday, March 04, 2011
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0287/AR. U.S. v. Felipe BERMUDEZ, Jr.
CCA
20100255.
No. 11-0289/AR. U.S. v. Almahdi H. HOSANG. CCA 20080359.
No. 11-0291/AF. U.S. v. Aaron L. HAWKINS.
CCA
37512.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0371/AF. U.S. v. Brent R. MORRISON.
CCA
S31810.
INTERLOCUTORY ORDERS
No. 11-0320/AF. U.S. v. Crane XU. CCA 37722. Appellant's second motion to
extend time to file the supplement to the petition for grant of review granted,
up to and including March 23, 2011.
DAILY JOURNAL
No. 11-118
Wednesday, March 2, 2011
ORDERS GRANTING PETITION FOR REVIEW
No. 11-0165/AF. U.S. v. Daniel A. ZARBATANY, Jr. CCA 37448.
Review granted on the following issues:
WHETHER THE AFCCA
ERRED IN FINDING THAT ILLEGAL CONFINEMENT CREDIT, AWARDED PURSUANT TO ARTICLE
13, UCMJ, CANNOT BE APPLIED TOWARDS A PUNITIVE
DISCHARGE.
WHETHER THE AFCCA ERRED BY FAILING
TO GIVE MEANINGFUL RELIEF WHERE APPELLANT HAD 445 DAYS OF ILLEGAL PRETRIAL
CONFINEMENT CREDIT IN EXCESS OF HIS APPROVED SENTENCE TO CONFINEMENT.
Briefs will be filed under Rule 25. Appellant’s brief shall be filed within 15 days
of the date of this order. Appellee’s brief shall be filed within 15 days of the
filing of Appellant’s brief. Appellant
may file a reply brief within 5 days of the filing of Appellee’s
brief. It is further ordered that the
above-entitled action be called for hearing on the 21st day of
April, 2011. This hearing will commence
immediately following the hearing in United States v. Hull, No.
11-0131/AF.
No. 11-0227/NA. U.S. v. Ros L. DAVIS. CCA 201000302.
Review granted on the following issue:
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. 11-6002/AF. U.S. v. Rory J. SCHUBER. CCA 2010-14.
Review granted on the following issue:
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0060/AR. U.S. v. Jeffrey J. WHITE.
CCA
20061313.
No. 11-0249/AR. U.S. v. Spencer M. ROSE. CCA 20100131.
No. 11-0255/AR. U.S. v. Robert J. GEIGER.
CCA
20090295.
No. 11-0279/AR. U.S. v. Kirk A. WOLSCHLEGER. CCA 20091022.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-0368/AR. U.S. v. Brantley R. TYSON.
CCA
20100093.
No. 11-0369/AR. U.S. v. Steven D. NEWTON.
CCA
20091163.
No. 11-0370/AR. U.S. v. Armando MARTINEZ. CCA 20100613.
MISCELLANEOUS DOCKET - SUMMARY
DISPOSITIONS
INTERLOCUTORY ORDERS
No. 11-0148/MC. U.S. v. David J. PHILLIPS.
CCA
200900568. On consideration of
the motions filed by the McGeorge Appellate Advocacy Clinic
to appear as Amicus Curiae, to file an Amicus Curiae brief out of time, for
admission of Jennifer Gibson pro hac vice, to
allow appearance of law students, and to submit oral argument by law student,
said motions are hereby granted, and Amicus Curiae will be allotted 10 minutes
to present oral argument.
UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES
DAILY JOURNAL
No. 11-117
Tuesday, March 1, 2011
PETITIONS FOR GRANT OF REVIEW DENIED
No. 11-0276/AR. U.S. v. Jesse D. MORTON. CCA 20090679.
No. 11-0284/AF. U.S. v. Ryan P. BOBHOLZ. CCA S31783.
No. 11-0285/AR. U.S. v. Timothy J. CHISMAR. CCA 20090775.
No. 11-0286/AR. U.S. v. Miguel A. GUDINO. CCA 20100049.
PETITIONS FOR GRANT OF REVIEW FILED
No. 11-6004/MC. U.S. v. Caleb P. HOHMAN. CCA 201000563.
INTERLOCUTORY ORDERS
No. 10-0461/NA. U.S. v. Joseph A. SWEENEY.
CCA
200900468. On consideration of
Appellant’s motion to reschedule oral argument, it is ordered that said motion
is hereby granted, that the portion of the Order issued February 23, 2011,
setting the above-mentioned case for oral argument is hereby vacated, and that
oral argument for the above-mentioned case is set for May 17, 2011. This hearing will commence immediately
following the hearing in United States v. Martinez. Each side will be allotted 20 minutes to
present oral argument.
MANDATES ISSUED
No. 10-0251/AF. U.S. v. Bruce E. GOOCH. CCA 37303.
No. 10-0332/AF. U.S. v. Yolanda FLORES. CCA S31621.
No. 10-0481/AR. U.S. v. Tye L. EDWARDS. CCA 20090257.