UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-040
Monday, October 31, 2011
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0131/AR.
No. 12-0132/AR.
No. 12-0133/NA.
No. 12-0134/AR.
No. 12-0135/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-039
Friday, October 28, 2011
APPEALS
– SUMMARY DISPOSITIONS
No. 11-0567/AR.
WHETHER TRIAL DEFENSE COUNSEL
PROVIDED, TO THE SUBSTANTIAL PREJUDICE OF APPELLANT, INEFFECTIVE ASSISTANCE OF
COUNSEL WHERE TRIAL DEFENSE COUNSEL FAILED TO PRESENT A DEFENSE CASE ON
FINDINGS OR TO PREPARE A DEFENSE SENTENCING CASE.
and on the following specified 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
OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).
The decision of the United States Army Court of Criminal
Appeals is set aside. The record of
trial is returned to the Judge Advocate General of the Army for remand to that
court for further appellate inquiry and consideration on the assigned and
specified issues.
The Court
of Criminal Appeals will obtain an additional affidavit from the military trial
defense counsel relating to the assigned issue, an issue that is broader in
scope than a similar one raised below.
That affidavit should address the military trial defense counsel's
pretrial investigation, his preparation of a defense on the merits and a
sentencing case, and his response to the post-trial affidavits of civilian
trial defense counsel and Appellant.
Under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C.
§ 866(c) (2006), the Court of Criminal Appeals shall review the assigned issue
in light of the affidavit and any other relevant matters. See
ORDERS GRANTING PETITION
FOR REVIEW
No. 11-0567/AR.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0023/MC.
No. 12-0041/AR.
No. 12-0050/AR.
No. 12-0054/AR.
No. 12-0060/AF.
No. 12-0061/AF.
No. 12-0062/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 09-5003/AF.
No. 12-0129/AR.
No. 12-0130/AR.
INTERLOCUTORY ORDERS
No. 11-0440/MC.
No. 11-0647/MC.
No. 12-0024/MC.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-038
Thursday, October 27, 2011
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 11-0683/MC.
No. 12-0007/AR.
No. 12-0051/AR.
No. 12-0052/AR.
No. 12-0055/AR.
No. 12-0056/AR.
No. 12-0058/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-037
Wednesday, October 26, 2011
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0128/NA.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No. 12-8004/AF.
In re Andrew P. WITT, Senior Airman(E-4), United States Air Force, and
Matthew E. Takara, Senior Airman (E-4),
INTERLOCUTORY ORDERS
No. 11-0440/MC.
No. 11-5003/NA.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-036
Tuesday, October 25, 2011
HEARINGS
No. 11-0403/AF. U.S.
v. Brent A. CAMPBELL. CCA 37460.
No. 10-0178/AF. U.S.
v. William J. ST BLANC, Jr. CCA 37206.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-035
Monday, October 24, 2011
HEARINGS
No. 11-0231/AR.
No. 11-0280/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0124/NA.
No. 12-0125/AR.
No. 12-0126/AR.
No. 12-0127/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-034
Friday, October 21, 2011
APPEALS
SUMMARY-DISPOSITIONS
No. 11-0104/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).
The decision of the United States
Air Force Court of Criminal Appeals is vacated.
The record of trial is returned to the Judge Advocate General of the Air
Force for remand to that court for consideration of the granted issue in light
of United States v. Fosler, 70 M.J. 225 (C.A.A.F. 2011). [See also ORDERS GRANTING PETITION FOR REVIEW
this date.]
ORDERS GRANTING PETITION
FOR REVIEW
No. 11-0104/AF.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 11-0688/AF.
No. 12-0016/AR.
No. 12-0039/AR.
No. 12-0040/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0122/AR.
No. 12-0123/AR.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No. 12-8005/AF. In re Christopher M. LANIER, Petitioner. On consideration of Petitioner's expedited
petition for extraordinary relief in the nature of a writ of mandamus, or in
the alternative prohibition, and motion for stay of the proceedings, it is ordered that the petition and motion to stay are hereby
denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-033
Thursday, October 20, 2011
APPEALS
– SUMMARY DISPOSITIONS
No. 11-0629/AR.
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).
ORDERS GRANTING PETITION
FOR REVIEW
No. 11-0629/AR.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 11-0634/AR.
No. 12-0031/AF.
No. 12-0032/AF.
No. 12-0033/AF.
No. 12-0035/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0121/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-032
Wednesday, October 19, 2011
APPEALS – SUMMARY DISPOSITIONS
No. 11-0639/AR. U.S. v. Tanner P. FORRY. CCA 20080334.
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
OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).
No. 12-0034/AR. U.S. v. Joel L. KAIN II. CCA 20100490.
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
OPINION IN UNITED STATES v. FOSLER, 70 MJ. 225 (C.A.A.F. 2011).
ORDERS GRANTING PETITION
FOR REVIEW
No. 11-0639/AR. U.S. v. Tanner P. FORRY. CCA 20080334.
[See also APPEALS–SUMMARY DISPOSITIONS this date.]
No. 12-0034/AR. U.S. v. Joel L. KAIN II. CCA 20100490.
[See also APPEALS–SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0025/AF. U.S.
v. Robert W. BLOOM. CCA S31826.
No. 12-0027/AF. U.S.
v. Andrew C. EVANS. CCA S31787.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0120/AR. U.S.
v. Kamien M. KING. CCA 20090912.
No. 12-6002/AF. U.S.
v. Darren N. HATHORNE. CCA 2011-02.
INTERLOCUTORY ORDERS
No. 12-0119/AF. U.S.
v. Darren N. HATHORNE. CCA 2011-02. On consideration of Appellant's motion to extend time to file the supplement to
the petition for grant of review and motion to withdraw the original petition
for grant of review, it is ordered that said motion to
withdraw the original petition for grant of review is hereby granted, and that
said motion to extend time to file the supplement to the petition for grant of
review is hereby denied as moot.
No. 12-6002/AF. U.S.
v. Darren N. HATHORNE. CCA 2011-02. Notice is hereby given that a petition for
grant of review of the decision of the United States Air Force Court of
Criminal Appeals on appeal by the United States under Article 62, Uniform Code
of Military Justice, 10 U.S.C. § 862, was filed by counsel under Rule 20, on
October 19, 2011, together with a motion to file the supplement separately
under Rules 19(a)(5)(A) and 30. On
consideration thereof, it is ordered that said motion to file the supplement
separately is hereby granted to November 8, 2011.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-031
Tuesday, October 18, 2011
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 11-0582/MC. U.S.
v. Christian W. CARNEY. CCA 201000149.
No. 11-0621/AR. U.S.
v. Jared M. BOEH. CCA 20090764.
No. 12-0014/AF. U.S.
v. Denaya S. STAPLETON. CCA S31762.
No. 12-0017/AR. U.S.
v. Clifford N. BROOKS II. CCA 20110167.
No. 12-0018/AR. U.S.
v. Joseph J. RODZIEWICZ. CCA 20100577.
No. 12-0021/AR. U.S.
v. Steve H. CORRIHER. CCA 20100982.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0119/AF. U.S.
v. Darren N. HATHORNE. CCA 2011-02.
INTERLOCUTORY ORDERS
No. 09-5003/AF. U.S., Appellant v. Brandon T. ROSE, Appellee.
CCA 36508. Appellee's motion to dismiss the certificate
for review as untimely is denied.
MANDATES ISSUED
No. 10-0483/AR. U.S.
v. David C. ELLERBROCK. CCA 20070925.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-030
Monday, October 17, 2011
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No.
12-8005/AF. In re Christopher M. LANIER,
Petitioner. Notice is hereby given that a petition for
extraordinary relief in the nature of a writ of mandamus, or in the alternative
prohibition was filed under Rule 27(a) on this date.
MISCELLANEOUS DOCKET -
FILINGS
Misc. No. 12-8003/AF. In re Andrew P. WITT, Senior Airman
(E-4) United States Air Force, and Matthew E. TAKARA, Senior Airman (E-4) United
States Air Force, Petitioners v. The United States, and United States Air Force
Court of Criminal Appeals, Respondents. On
consideration of the petition for extraordinary relief in the nature of an
emergency stay, it is ordered that
said petition is hereby denied.
INTERLOCUTORY ORDERS
No. 12-8004/AF. In re Andrew P. WITT, Senior Airman (E-4)
United States Air Force, and Matthew E. TAKARA, Senior Airman (E-4) United
States Air Force, Petitioners v. The United States, and United States Air Force
Court of Criminal Appeals, Respondents. On consideration of Petitioners' motion
to submit document, it is ordered that said motion is hereby denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-029
Friday, October 14, 2011
APPEALS
– SUMMARY DISPOSITIONS
No. 11-0547/AR. U.S. v. Ivan D. GOINGS. CCA 20080602.
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
OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).
ORDERS GRANTING PETITION
FOR REVIEW
No. 11-0547/AR. U.S. v. Ivan D. GOINGS. CCA 20080602.
[See also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0103/AR. U.S.
v. Robert G. BULECHEK. CCA 20100565.
No. 12-0104/AF. U.S.
v. Joedon CARRILLO. CCA S31831.
No. 12-0105/AR. U.S.
v. John C. BODDY. CCA 20100078.
No. 12-0106/AF. U.S.
v. Michael A. CISNEROS. CCA S31871.
No. 12-0107/AF. U.S.
v. Michael O. CLARK. CCA 37494.
No. 12-0108/AF. U.S.
v. Megan L. COOPER. CCA S31727.
No. 12-0109/AF. U.S.
v. Jessica A. WINKLER. CCA 37802.
No. 12-0110/AF. U.S. v. Anthony G. POLOZZOLO, Jr. CCA S31892.
No. 12-0111/AF. U.S.
v. Joshua A. DOBBINS. CCA S31839.
No. 12-0112/AF. U.S.
v. Nicholas J. SOBCZYK. CCA S31789.
No. 12-0113/AF. U.S.
v. Timothy J. GAZZOLA. CCA S31764.
No. 12-0114/AF. U.S.
v. Christopher R. HOWARD. CCA S31662.
No. 12-0115/AR. U.S.
v. Matthew S. HUNTER. CCA 20100954.
No. 12-0116/AF. U.S.
v. John A. JACKSON, Jr. CCA 37417.
No. 12-0117/AF. U.S.
v. Cedric B. HARDY. CCA S31780.
No. 12-0118/AF. U.S.
v. Julian D. MOGG. CCA 37840.
INTERLOCUTORY ORDERS
No. 11-0526/AF. U.S.
v. Kody T. WEEKS. CCA 37535. Appellee's motion to file a substitute joint
appendix is granted.
No. 12-0099/AR. U.S.
v. Matthew J. MCCLAIN. CCA 20090446. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 2, 2011.
No. 12-0100/AF. U.S.
v. Chase C. MONTGOMERY. CCA 37556. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 2, 2011.
No. 12-0101/AF. U.S.
v. Angel D. SANTOS. CCA 37669. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 2, 2011.
No. 12-0102/AF. U.S.
v. Joseph M. EMMONS. CCA 37738. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 2, 2011.
No. 12-0103/AR. U.S.
v. Robert G. BULECHEK. CCA 20100565. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 2, 2011 .
No. 12-0105/AR. U.S.
v. John C. BODDY. CCA 20100078. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 3, 2011.
No. 12-0107/AF. U.S.
v. Michael O. CLARK. CCA 37494. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 3, 2011.
No. 12-0108/AF. U.S.
v. Megan L. COOPER. CCA S31727. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 3, 2011.
No. 12-0113/AF. U.S.
v. Timothy J. GAZZOLA. CCA S31764. Appellant's motion to extend time to file the
supplement to the petiton for grant of review granted to November 3, 2011.
No. 12-0114/AF. U.S.
v. Christopher R. HOWARD. CCA S31662. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 3, 2011.
No. 12-0117/AF. U.S.
v. Cedric B. HARDY. CCA S31780. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 3, 2011.
No. 12-0118/AF. U.S.
v. Julian D. MOGG. CCA 37840. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to November 3, 2011.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-028
Thursday, October 13, 2011
APPEALS – SUMMARY
DISPOSITIONS
No. 12-0026/AF. U.S. v. Charles L. WALTON. CCA 37664. 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
OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0026/AF. U.S. v. Charles L. WALTON. CCA 37664. [See also
APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW
DENIED
No. 11-0670/MC. U.S.
v. Dean H. LACROIX. CCA 201100126.
No. 11-0684/AR. U.S.
v. Timothy B. CARROLL. CCA 20110058.
No. 11-0686/NA. U.S.
v. Ralph D. COMBEST. CCA 201100185.
No. 12-0010/AF. U.S.
v. Christopher D. GULEFF. CCA 37542.
No. 12-0011/AR. U.S.
v. James T. LYNCH, Jr. CCA 20100865.
No. 12-0013/AF. U.S.
v. James E.C. SELLE. CCA 37599.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0097/AF. U.S.
v. Deron D. HOLLOWAY. CCA 37760.
No. 12-0098/AF. U.S.
v. Dustin M. CLARK. CCA 37871.
No. 12-0099/AR. U.S.
v. Matthew J. MCCLAIN. CCA 20090446.
No. 12-0100/AF. U.S.
v. Chase C. MONTGOMERY. CCA 37556.
No. 12-0101/AF. U.S.
v. Angel D. SANTOS. CCA 37669.
No. 12-0102/AF. U.S.
v. Joseph M. EMMONS. CCA 37738.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-027
Wednesday, October 12, 2011
HEARINGS
No. 11-0282/AR. U.S.
v. Bobby D. MORRISSETTE. CCA 20090166.
No. 11-0239/AR-11-5004/AR. U.S. v. Phillip L. PIERCE. CCA 20080009.
No. 11-0389/AR. U.S.
v. Kenneth L. GOODMAN. CCA 20090083.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0093/AF. U.S.
v. Aaron A. LOPEZ. CCA 37724.
No. 12-0094/AF. U.S.
v. Michael A. TOWNE. CCA S31897.
No. 12-0095/AR. U.S. v.
Jesse R. MORTON. CCA 20110056.
No. 12-0096/NA. U.S.
v. John CUMMINGS, Jr. CCA 201000623.
INTERLOCUTORY ORDERS
No. 09-0079/AR. U.S.
v. James T. MURPHY. CCA 19872873. Appellant's second motion to extend time to file the supplement to the
petition for grant of review is granted, up
to and including October 20, 2011, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 11-5005/MC. U.S.
v. Jeremy J. NASH. CCA 201000220. The motion of the United States to extend time
to file a brief is granted, up to and
including October 31, 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. 12-026
Tuesday, October 11, 2011
HEARINGS
No. 11-0257/MC. U.S.
v. Thomas J. SCHUMACHER. CCA 201000153.
No. 11-0143/AR. U.S.
v. Aaron R. STANLEY. CCA 20050703.
PETITIONS FOR GRANT OF
REVIEW - OTHER SUMMARY DISPOSITIONS
No. 11-0580/AR. U.S.
v. Gregory A. ROBINSON. CCA 20100495. On consideration of the petition for grant of
review filed personally by the Appellant on September 28, 2011, under Rule
19(a)(4), Rules of Practice and Procedure, and docketed as a second petition
under Docket Number 11-0580/AR, it appears that said petition was prematurely
filed. The case is pending this date
before the United States Army Court of Criminal Appeals following this Court's
remand on September 21, 2011. Accordingly, it is ordered that this case be
removed from the docket without prejudice to the submission of a timely filed
petition in due course.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0086/AF. U.S. v.
Addison T. MCFARLAND. CCA S31855.
No. 12-0087/AF. U.S.
v. Tyler W. MEROLA. CCA 37701.
No. 12-0088/AR. U.S.
v. Jessie GOMEZ, Jr. CCA 20100524.
No. 12-0089/AF. U.S.
v. Chad R. SCHROEDER. CCA 37475.
No. 12-0090/AF. U.S.
v. Joseph A. HAYES. CCA 37588.
No. 12-0091/AF. U.S.
v. Christian A. HOLMLUND. CCA 37786.
No. 12-0092/AF. U.S.
v. Brian J. HOWES. CCA S31809.
PETITIONS FOR
RECONSIDERATION DENIED
INTERLOCUTORY ORDERS
No. 12-0036/AR. U.S.
v. James E. CRAWFORD. CCA 20100247. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, up to and including October 26, 2011, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 12-0083/CG. U.S.
v. Kerry M. SCOTT. CCA 1336. On consideration of motion to extend time to file the supplement to the
petition for grant of review, it is ordered that said motion is hereby granted to October
27, 2011.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-025
Friday, October 7, 2011
ORDERS
GRANTING PETITION FOR REVIEW
No. 11-0475/AR. U.S. v. Robert L. CONRADY. CCA 20080534.
Review granted on the following specified issues:
WHETHER THE EVIDENCE IS LEGALLY
SUFFICIENT TO SUPPORT APPELLANT'S CONVICTION FOR SODOMY WITH A CHILD
(SPECIFICATION 3 OF CHARGE II), AND INDECENT ACTS WITH A CHILD (SPECIFICATION 7
OF CHARGE III) "ON DIVERS OCCASIONS."
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)
The guilty
findings to the words "on divers occasions" contained in Specification 3 of
Charge II and Specification 7 of Charge III are set aside and dismissed, and the
decision of the United States Army Court of Criminal Appeals is vacated. The record of trial is returned to the Judge
Advocate General of the Army for remand to that court for consideration of the
second specified issue in light of United
States v. Fosler, 70 M.J. 225 (C.A.A.F. 2011).
BAKER, Chief Judge (concurring in part and dissenting in
part):
I concur with the disposition of the first specified
issue. I dissent on the disposition of
the second issue for the reasons stated in my dissenting opinion in Fosler. United States v. Fosler, 70 M.J. 225,
240-47 (C.A.A.F 2011).
EFFRON, Senior Judge (dissenting):
I dissent for the reasons stated in my dissenting opinion in
Fosler. United States v.
Fosler, 70 M.J. 225, 233-40 (C.A.A.F 2011).
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0003/AF. U.S.
v. Victoria L. PATTON. CCA S31824.
No. 12-0004/AF. U.S.
v. Gregory K. HUTCHESON. CCA S31814.
No. 12-0005/AF. U.S.
v. Virginia A. HESS. CCA S31883.
No. 12-0006/AF. U.S.
v. Michael L. BURNETT. CCA S31873.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0083/CG. U.S.
v. Kerry M. SCOTT. CCA 1336.
No. 12-0084/AF. U.S.
v. Amber N. DEJESUS. CCA S31845.
No. 12-0085/MC. U.S.
v. Michael D. FRANSON. CCA 201100256.
MISCELLANEOUS DOCKET -
FILINGS
Misc. No. 12-8003/AF.
In re Andrew P. WITT, Senior Airman(E-4), United States Air Force, and
Matthew E. Takara, Senior Airman (E-4), United States Air Force, Petitioners v.
The United States, and United States Air Force Court of Criminal Appeals,
Respondents. Notice
is hereby given that a petition for extraordinary relief in the nature of an
emergency stay was filed under Rule 27(a) on October 6, 2011, and placed on the
docket this date.
Misc. No. 12-8004/AF.
In re Andrew P. WITT, Senior Airman(E-4), United States Air Force, and
Matthew E. Takara, Senior Airman (E-4), United States Air Force, Petitioners v.
The United States, and United States Air Force Court of Criminal Appeals,
Respondents. Notice is hereby given that
a petition for extraordinary relief in the nature of a writ of prohibition was
filed under Rule 27(a) on October 6, 2011, and placed on the docket this date.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-024
Thursday, October 6, 2011
APPEALS – SUMMARY
DISPOSITIONS
No. 11-0644/AR.
* It is directed that the promulgating order be
corrected to reflect that both the plea and finding with respect to
Specification 1 of the Charge were "Guilty," and that the specification had
been amended prior to arraignment to read as follows: "In that Specialist Brandon T. Tessier, U.S.
Army, did, at or near Fort Dix, New Jersey, between on or about 15 November
2008 and 28 November 2008, wrongfully and knowingly possess child pornography,
which was to the prejudice of good order and discipline, or was of a nature to
bring discredit to the armed forces." [See also ORDERS GRANTING PETITION FOR
REVIEW this date.]
No. 11-0664/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).
No. 12-0019/AR.
* It is directed that the promulgating order be
corrected to reflect a plea of not guilty to the Specification of Charge III.
[See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION
FOR REVIEW
No. 11-0644/AR.
No. 11-0664/NA.
No. 12-0019/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0075/AF.
No. 12-0076/AF.
No. 12-0077/AR.
No. 12-0078/AF.
No. 12-0079/AF.
No. 12-0080/AF.
No. 12-0081/AF.
No. 12-0082/AF.
No. 12-6001/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-023
Wednesday, October 5, 2011
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 11-0589/AR.
No. 11-0660/MC.
No. 11-0672/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0073/MC.
No. 12-0074/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-022
Tuesday, October 4, 2011
NOTICES
No.
11-0143/AR.
No.
11-0239/AR.
No.
11-0257/MC.
No.
11-0282/AR.
No.
11-0389/AR.
No.
10-0178/AF.
No. 11-0231/AR.
No. 11-0280/AR.
No. 11-0396/MC.
No. 11-0403/AF.
No. 11-5003/NA.
APPEALS - SUMMARY
DISPOSITIONS
No. 11-0650/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).
No. 11-0661/AR.
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).
ORDERS GRANTING PETITION
FOR REVIEW
No. 11-0650/AF.
No. 11-0661/AR.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0001/AF.
No. 12-0002/AF.
INTERLOCUTORY ORDERS
No. 12-0020/AR.
No. 12-0070/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-021
Monday, October 3, 2011
NOTICE - IN RE SEPTEMBER 2011
TERM OF COURT
Article 142 of the Uniform Code of Military Justice (UCMJ),
10 U.S.C. § 942 (2006) authorizes the appointment of five judges to serve on
the Court. One of the positions is vacant. Unless the Court issues a notice
that a senior judge or an Article III judge will perform judicial duties, the
four judges in active service will perform the functions of the Court. See Articles 142 and 144, UCMJ, 10
U.S.C. §§ 942 and 944, and U.S.C.A.A.F. Rule 6(a).
For the Court,
/s/ William A. DeCicco
Clerk of the Court
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 11-0605/AF. U.S.
v. Adam E. PITMAN. CCA 37453.
No. 11-0608/AR. U.S.
v. Damien L. PURCELL. CCA 20080856.
No. 11-0663/NA. U.S.
v. Zornell L. MALONE. CCA 201000387.
No. 11-0676/AR. U.S.
v. David W. PAULI. CCA 20100748.
No. 11-0678/AF. U.S.
v. Lauren D. JERNIGAN. CCA 37771.
No. 11-0679/AF. U.S.
v. Elven B. MCKAY. CCA 37637.
No. 11-0680/AF. U.S.
v. Kimber L. GIERINGER. CCA 37764.
No. 11-0681/AF. U.S.
v. Katherine MORENO. CCA S31862.
No. 11-0682/AF. U.S.
v. Adrianne T. HESSLER. CCA S31877.
No. 11-0685/AF. U.S.
v. Tyler W. HARRISON. CCA S31867.
No. 11-0687/AF. U.S.
v. Chad J. ZIMMERMAN. CCA S31816.
No. 11-0689/AF. U.S.
v. Jason A. STEWART. CCA S31903.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0069/MC. U.S.
v. Matthew E. DAVIS. CCA 201100057.
No. 12-0070/AF. U.S.
v. Erica N. PERRY. CCA 37676.
No. 12-0071/AR. U.S.
v. Robert M. BIGBACK. CCA 20101044.
No. 12-0072/AF. U.S.
v. Keith D. DYE, Jr. CCA S31887.
INTERLOCUTORY ORDERS
No. 12-0015/AR. U.S.
v. Marvin C. SIMPSON. CCA 20091039. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted, up
to and including October 7, 2011, and absent extraordinary circumstances, no further extension of time ill
be granted in this case.
No. 12-0066/AF. U.S.
v. Charles W. CALEY, Jr. CCA 37573. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 20, 2011.