UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-244
Friday, August 31, 2012
PETITIONS FOR
RECONSIDERATION DENIED
No. 12-0008/AR.
ANNOUNCEMENT
BY
THE CLERK OF THE COURT
OF
THE CUMULATIVE SUMMARY OF
COURT
WORKLOAD STATISTICS
FOR
THE SEPTEMBER 2011 TERM OF COURT
I. CUMULATIVE
PENDING SEPTEMBER 1, 2011
Master
Docket . . . . . . . . . . . . . . .
71
Petition
Docket . . . . . . . . . . . . . . 87
Miscellaneous
Docket. . . . . . . . . . . . 0
TOTAL
. . . . . . . . . . . . . . . . .
158
II. CUMULATIVE
FILINGS
Master
Docket . . . . . . . . . . . . . . .
206
Petition
Docket . . . . . . . . . . . . . . 802
Miscellaneous
Docket. . . . . . . . . . . . 34
TOTAL
. . . . . . . . . . . . . . . . . 1,042
III. CUMULATIVE TERMINATIONS
Master
Docket . . . . . . . . . . . . . . .
254
Petition
Docket . . . . . . . . . . . . . . 820
Miscellaneous
Docket. . . . . . . . . . . . 30
TOTAL
. . . . . . . . . . . . . . . . . 1,104
IV. CUMULATIVE
PENDING SEPTEMBER 1, 2012
Master
Docket . . . . . . . . . . . . . . .
23
Petition
Docket . . . . . . . . . . . . . . 69
Miscellaneous
Docket. . . . . . . . . . . . 4
TOTAL
. . . . . . . . . . . . . . . . .
96
V. CASES
ON MASTER DOCKET CARRIED OVER TO THE
SEPTEMBER
2012 TERM OF COURT (23)
AWAITING
ORAL ARGUMENT OR FINAL DISPOSITION (13)
(INCLUDES
TRAILER CASES)
10-0319/MC
- ROBINSON
11-0486/NA
– WILKINS
11-0547/AR
– GOINGS
11-0563/MC
– SANDERS
12-0282/AR
– GARNER
12-0313/MC
– TEARMAN
12-0320/AF
– CAPEL
12-0396/MC
– LUNSFORD
12-0414/AR
– SPICER
12-0418/AF
– HALPIN
12-0450/MC
– KILARSKI
12-5001/AF
– DATAVS
12-5002/AF
- VAZQUEZ
AWAITING
BRIEFS (10)
11-0497/MC
– HORTON
12-0353/MC –
12-0398/AR
– BOWERSOX
12-0408/MC
– HUTCHINS
12-0451/AF
– IRIZARRY
12-0486/AR
–
12-0496/NA
– ALTIER
12-0516/AF
– TUNSTALL
12-0522/AF
- COTE
12-5003/MC
- PORTER
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-243
Thursday, August 30, 2012
APPEALS - SUMMARY
DISPOSITIONS
No. 12-0649/AF. U.S. v. Kevin K. SUTER, Jr. CCA S31976. 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.]
* It is directed that the
promulgating order be corrected to reflect a plea and finding of guilty as to
Additional Charge II.
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0649/AF. U.S. v. Kevin K. SUTER, Jr. CCA S31976. [See also
APPEALS - SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0532/AR. U.S.
v. Chad D. COLCLASURE. CCA 20110213.**
_______________________________
** Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-242
Wednesday, August 29, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0569/NA.
No. 12-0619/AR.
No. 12-0639/AR.
No. 12-0648/AF.
No. 12-0650/AF.
No. 12-0651/AF.
No. 12-0656/AR.
No. 12-0657/AR.
No. 12-0659/AF.
No. 12-0660/AF.
No. 12-0662/AF.
No. 12-0663/AF.
No. 12-0664/AF.
INTERLOCUTORY ORDERS
No. 12-0666/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-241
Tuesday, August 28, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0603/CG.
No. 12-0640/AR.
No. 12-0641/AF.
No. 12-0642/AF.
No. 12-0645/AF.
No. 12-0646/AF.
No. 12-0647/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0701/AF.
No. 12-0702/AR.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No. 12-8034/AR.
Kesha R. CONNER, Appellant v.
INTERLOCUTORY ORDERS
No. 12-0569/NA.
No. 12-0697/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-240
Monday, August 27, 2012
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0697/AF.
No. 12-0698/AR.
No. 12-0699/AF.
No. 12-0700/AR.
MISCELLANEOUS DOCKET –
FILINGS
_______________________________
* 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-captioned case, and that Senior Judge Effron has
consented to perform judicial duties in said case under Article
142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. §
942(e)(1)(A)(ii) (2006).
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-239
Friday, August 24, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0504/AR.
No. 12-0598/MC.
No. 12-0620/AF.
No. 12-0623/AR.
No. 12-0625/NA.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No.
12-8031/MC. James M. LEWIS, Petitioner
v.
INTERLOCUTORY ORDERS
No. 12-0643/AF.
No. 12-0647/AF.
No. 12-0659/AF.
No. 12-0660/AF.
No. 12-0662/AF.
No. 12-0663/AF.
No. 12-0664/AF.
No. 12-8032/AR. Nidal
M. HASAN, Petitioner v. Gregory Gross,
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No.12-238
Thursday, August 23, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0637/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0082/AF.
No. 12-0690/AF.
No. 12-0691/AF.
No. 12-0692/AR.
No. 12-0693/AR.
No. 12-0694/AF.
No. 12-0695/AF.
No. 12-0696/AF.
______________________________
*
Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-237
Tuesday, August 21, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0609/AR.
No. 12-0630/NA.
No. 12-0631/AR.
No. 12-0632/AR.
No. 12-0633/AR.
No. 12-0634/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0687/AR.
No. 12-0688/AR.
No. 12-0689/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-236
Monday, August 20, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0589/AR.
No. 12-0622/AR.
No. 12-0624/AR.
No. 12-0626/AR.
No. 12-0627/AR.
No. 12-0628/AR.
No. 12-0629/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0684/MC.
No. 12-0685/AR.
No. 12-0686/AR.
INTERLOCUTORY ORDERS
No. 12-0638/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-235
Friday, August 17, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0680/AF. U.S.
v. Gary D. SIMMONS, Jr.,. CCA 37967.
No. 12-0681/AF. U.S.
v. Anglia G. SAGELY. CCA 38064.
No. 12-0682/AR. U.S.
v. Bobbybare B. BAYRAN. CCA 20110451.
No. 12-0683/AR. U.S.
v. Daniel J. GOODSON. CCA 20110960.
MISCELLANEOUS DOCKET -
FILINGS
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-234
Thursday, August 16, 2012
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0678/AR.
No. 12-0679/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-233
Wednesday, August 15, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0487/NA.
No. 12-0621/AR.
INTERLOCUTORY ORDERS
No. 12-0353/MC.
No. 12-0636/AR.
No. 12-0671/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-232
Tuesday, August 14, 2012
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0674/AF.
No. 12-0675/AR.
No. 12-0676/AR.
No. 12-0677/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-231
Monday, August 13, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0611/AR.
No. 12-0615/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0670/AF.
No. 12-0671/AF.
No. 12-0672/AF.
No. 12-0673/AF.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No.
12-8026/AR. Maurice K. Robins, Appellant
v.
INTERLOCUTORY ORDERS
No. 12-0398/AR.
MANDATES ISSUED
No. 12-0030/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-230
Friday, August 10, 2012
APPEALS - SUMMARY
DISPOSITIONS
No. 12-0643/AF.
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0643/AF.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0539/MC.
No. 12-0545/AR.
No. 12-0579/MC.
No. 12-0610/AR.
No. 12-0612/AR.
No. 12-0613/AR.
No. 12-0614/AR.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No. 12-8029/AR.
Nidal M. HASAN, Appellant v. Gregory Gross, Colonel, U.S. Army, Military
Judge, Appellee. CCA 20120667. On consideration of the writ-appeal petition
requesting the issuance of a writ of mandamus to disqualify the military judge
in the pending court-martial of Major Nidal M. Hasan, and the accompanying
motion to stay proceedings filed on July 18, 2012, it is ordered that said
writ-appeal petition and motion to stay proceedings are hereby denied.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-229
Thursday, August 9, 2012
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0667/AR.
No. 12-0668/AR.
No. 12-0669/AR.
MANDATES ISSUED
No. 12-0194/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-228
Wednesday, August 8, 2012
RULES
CHANGES
Upon careful consideration of certain proposed changes to
the Rules of Practice and Procedure, United States Court of Appeals for the Armed
Forces, which were presented to and reviewed by the Rules Advisory Committee of
the United States Court of Appeals for the Armed Forces and thereafter
published in the Federal Register for comment, it is ordered that effective
September 1, 2012, Rules 19(b) and 22(b) are hereby amended as provided in the
attachment to this Order (changes appear in bold typeface).
Rule 19(b):
(b) Certificate for review/brief/answer/reply
(1) Article 62, UCMJ, cases. In cases involving a decision by a Court of
Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 USC
§ 862, a certificate for review, together with a supporting brief in accordance
with Rule 24 on behalf of the appellant, shall be filed with the Court by the
Judge Advocate General no later than 60
days after the date of the decision of the Court of Criminal Appeals. See Rules 22 and 34(a). An appellee's answer shall be filed no later
than 10 days after the filing of such certificate for review and supporting
brief. A reply may be filed by the
appellant no later than 5 days after the filing of the appellee's answer.
(2) Extraordinary relief cases. In cases involving a decision by a Court of
Criminal Appeals on application for extraordinary relief filed therein, a
certificate for review, together with a supporting brief in accordance with
Rule 24 on behalf of the appellant, shall be filed with the Court by the Judge
Advocate General no later than 60
days after the date of the decision of the Court of Criminal Appeals. See Rules 22 and 34(a). An appellee's answer shall be filed no later
than 10 days after the filing of such certificate for review and supporting
brief. A reply may be filed by the
appellant no later than 5 days after the filing of the appellee's answer.
(3) Other cases.
In all other cases involving a decision by a Court of Criminal Appeals,
a certificate for review filed by the Judge Advocate General shall be filed
either (a) no later than 60 days
after the date of the decision of the Court of Criminal Appeals (see
Rules 22 and 34(a)), or (b) no later than 30 days after a petition for grant of
review is granted. In cases that involve
both granted and certified issues, the Clerk may establish a consolidated
briefing schedule for all issues. In
cases that involve only certified issue(s), an appellant's brief shall be filed
in accordance with Rule 24 no later than 30 days after the issuance by the
Clerk of a notice of docketing of the certificate for review. An appellee's answer shall be filed no later
than 30 days after the filing of an appellant's brief. A reply may be filed by the appellant no
later than 10 days after the filing of the appellee's answer.
Rule 22(b):
(b)(1) Article 62, UCMJ, cases. In cases involving a decision by a Court of
Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 USC
§ 862, a certificate for review, together with a supporting brief in accordance
with Rule 24 on behalf of the appellant, shall be filed with the Court by the
Judge Advocate General no later than 60
days after the date of the decision of the Court of Criminal Appeals. See Rules 22 and 34(a). An appellee's answer shall be filed no later
than 10 days after the filing of such certificate for review and supporting
brief. A reply may be filed by the
appellant no later than 5 days after the filing of appellee's answer.
(2) Extraordinary relief cases. In cases involving a decision by a Court of
Criminal Appeals on application for extraordinary relief filed therein, a
certificate for review, together with a supporting brief in accordance with
Rule 24 on behalf of the appellant, shall be filed with the Court by the Judge
Advocate General no later than 60
days after the date of the decision of the Court of Criminal Appeals. See Rules 22 and 34(a). An appellee's answer shall be filed no later
than 10 days after the filing of such certificate for review and supporting
brief. A reply may be filed by the
appellant no later than 5 days after the filing of the appellee's answer.
(3) Other cases. In all other cases involving a decision by a
Court of Criminal Appeals, a certificate for review filed by the Judge Advocate
General shall be filed either (a) no later than 60 days after the date of the decision of the Court of Criminal
Appeals (see Rules 22 and 34(a)), or (b) no later than 30 days after a
petition for grant of review is granted.
In cases that involve both granted and certified issues, the Clerk may
establish a consolidated briefing schedule for all issues. In cases that involve only certified
issue(s), an appellant's brief shall be filed in accordance with Rule 24 no
later than 30 days after the filing of an appellant's brief. An appellee's answer shall be filed no later
than 30 days after the filing of an appellant's brief. A reply may be filed by the appellant no
later then 10 days after the filing of the appellee's answer.
APPEALS-SUMMARY DISPOSITION
No. 12-0452/AR.
WHETHER APPELLANT SUFFERED MATERIAL
PREJUDICE TO A SUBSTANTIAL
BAKER, Chief Judge, (dissenting):
Consistent with my views in United States v. Humphries,
71 M.J. 209, 217 (C.A.A.F. 2012) (Baker, C.J., dissenting), I respectfully
dissent from the order to grant.
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0516/AF.
I. WHETHER APPELLANT'S CONVICTION FOR INDECENT
ACTS MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE ERRED IN INSTRUCTING THE JURY
THAT INDECENT ACTS IS A LESSER INCLUDED OFFENSE OF AGGRAVATED SEXUAL ASSAULT.
II. WHETHER THE FINDING OF GUILTY TO ADULTERY
MUST BE DISMISSED IN ACCORDANCE WITH RULE FOR COURTS-MARTIAL 907(b)(1) BECAUSE
IT FAILS TO STATE AN OFFENSE.
Briefs will be filed under Rule 25.
No. 12-0452/AR.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 10-0461/NA.
No. 12-0469/MC.
No. 12-0543/AR.
No. 12-0576/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0666/AR.
INTERLOCUTORY ORDERS
No. 12-0313/MC.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-227
Tuesday, August 7, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0549/NA.
No. 12-0602/AR.
No. 12-0605/AF.
No. 12-0606/AF.
No. 12-0608/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0665/AR.
MISCELLANEOUS DOCKET -
FILINGS
Misc. No. 12-8032/AR.
Nidal M. HASAN, Petitioner v. Gregory Gross,
INTERLOCUTORY ORDERS
No. 11-0497/MC.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-226
Monday, August 6, 2012
APPEALS -
SUMMARY DISPOSITIONS
No. 11-0282/AR.
WHETHER THE DEFECTS IN
SPECIFICATIONS 4, 5, AND 6 OF CHARGE III RESULTED IN MATERIAL PREJUDICE TO APPELLANT'S
SUBSTANTIAL RIGHT TO NOTICE.
The portion of the decision of the
United States Army Court of Criminal Appeals as to Charge III, Specifications
4, 5, and 6, and the sentence is reversed.
* BAKER, Chief Judge (dissenting):
Consistent with my views in United
States v. Humphries, 71 M.J. 209, 217 (C.A.A.F. 2012) (Baker, C.J.,
dissenting), I respectfully dissent from the order to grant.
ORDERS
GRANTING PETITION FOR REVIEW
No. 12-0486/AR.
WHETHER THE ARMY COURT OF CRIMINAL
APPEALS ERRED WHEN IT DETERMINED THE MILITARY JUDGE COMMITTED ERROR BY DENYING
A PANEL MEMBER'S REQUEST TO CALL TWO ADDITIONAL WITNESSES FOR QUESTIONING, BUT
FOUND THIS ERROR TO BE HARMLESS.
Briefs will be filed under Rule 25.
PETITIONS
FOR RECONSIDERATION DENIED
No. 12-0030/AR.
MISCELLANEOUS
DOCKET - FILINGS
Misc. No. 12-8030/NA. John H. MAZE, Appellant v.
Misc. No. 12-8031/MC. James M. LEWIS, Petitioner v. UNITED STATES,
Respondent. Notice is hereby given that
a petition for extraordinary relief in the nature of a writ of mandamus,
together with a motion to file the same out of time, were filed under Rule
27(a).
INTERLOCUTORY
ORDERS
No. 12-0557/AR.
No. 12-0373/AF.
No. 12-0651/AF.
No. 12-0653/AF.
No. 12-0648/AF.
No. 12-0641/AF.
No. 12-0516/AF.
No. 12-0593/AF.
No. 12-0450/MC.
No. 12-0414/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-225
Friday, August 3, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0659/AF.
No. 12-0660/AF.
No. 12-0661/AF.
No. 12-0662/AF.
No. 12-0663/AF.
No. 12-0664/AF.
INTERLOCUTORY ORDERS
No. 12-0008/AR.
MANDATES ISSUED
No. 12-0251/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-224
Thursday, August 2, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0657/AR.
INTERLOCUTORY ORDERS
No. 10-0319/MC.
No. 10-0461/NA.
No. 11-0486/NA.
In each of
the above cases, Major Kirk Sripinyo's motion to withdraw as appellate defense
counsel is granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-223
Wednesday, August 1, 2012
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0548/AR.
No. 12-0571/AF.
No. 12-0581/AF.
No. 12-0585/MC.
No. 12-0586/MC.
No. 12-0592/AR.
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