UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-096
Tuesday, January 31, 2012
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0196/AF. U.S.
v. Timothy R. ESTES. CCA S31886.
PETITIONS FOR GRANT OF REVIEW
FILED
No. 11-0554/AR. U.S.
v. Terry D. RORRO. CCA 20100750.*
No. 12-0287/NA. U.S. v. Michael D. SILVERSTEIN. CCA 201100407.
No. 12-0288/AF. U.S.
v. Yovette A. DESOUZA. CCA 37933.
No. 12-0289/AF. U.S.
v. James D. FRIIS. CCA S31868.
No. 12-0290/AF. U.S.
v. Colin J. FAGAN. CCA 37990.
No. 12-0291/AF. U.S.
v. Samantha R. LASHLEY. CCA 37859.
No. 12-0292/AF. U.S.
v. Jeffery S. WESTENHAVER. CCA S31952.
INTERLOCUTORY ORDERS
No. 12-0286/AF. U.S.
v. Paul A. TITCOMBE. CCA 37618. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to February 21, 2012.
_______________________________
* Second petition file in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-095
Monday, January 30, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0286/AF.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 12-8013/AF. David J.A. GUTIERREZ, Petitioner v. The
PETITIONS FOR
RECONSIDERATION DENIED
No. 12-0114/AF.
INTERLOCUTORY ORDERS
No. 09-5003/AF.
No. 12-0008/AR.
No. 12-0053/AR.
No. 12-0203/AR.
No. 12-0280/AR.
No. 12-0281/AR.
No. 12-0282/AR.
No. 12-0285/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-094
Friday, January 27, 2012
ORDERS
GRANTING PETITION FOR REVIEW
No. 12-0165/MC. U.S. v. Stephen
L. SCARINGELLO. CCA 201100192.
Review granted on the following issue:
WHETHER THE NMCCA MISAPPLIED THIS
COURT'S HOLDINGS IN UNITED STATES v. FOSLER AND UNITED STATES v.
WATKINS IN FINDING THAT, DESPITE FAILING TO EXPRESSLY ALLEGE THE TERMINAL
ELEMENT, THE ARTICLE 134 SPECIFICATION HERE STATES AN OFFENSE.
No briefs will be filed under Rule
25.
No. 12-0195/AR. U.S. v. Chad E. GIBBS. CCA 20110083.
Review granted on the following issue:
WHETHER SPECIFICATIONS 1-4 OF CHARGE
III FAIL TO STATE AN OFFENSE BECAUSE THEY DO NOT EXPRESSLY ALLEGE OR NECESSARILY
IMPLY THE TERMINAL ELEMENTS OF ARTICLE 134, UCMJ.
No briefs will be filed under Rule
25.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0113/AF. U.S.
v. Timothy J. GAZZOLA. CCA S31764.
No. 12-0134/AR. U.S.
v. Jonathon L. TRUSS. CCA 20080988.
No. 12-0189/AR. U.S.
v. George SHEARS. CCA 20100027.
No. 12-0217/AR. U.S.
v. Hal M. WARNER. CCA 20090152.
No. 12-0228/AR. U.S.
v. Carroll J. KIRK, III. CCA 20101048.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0380/MC. U.S. v. Napoleon C. HERNANDEZ. CCA 201000427.*
No. 11-0537/MC. U.S. v. Christopher M. HARRIS. CCA 201000341.*
No. 11-0564/MC. U.S.
v. Bradley A. MORALES. CCA 201000057.*
No. 11-0599/AR. U.S.
v. Michael D. DARROW. CCA 20100816.*
No. 12-0057/AR. U.S.
v. Roy E. BUHROW III. CCA 20100911.*
No. 12-0279/AR. U.S.
v. Paul A. LAMORA. CCA 20110131.
No. 12-0280/AR. U.S.
v. Brandon A. LOPEZ. CCA 20090564.
No. 12-0281/AR. U.S.
v. Jason A. KELLER. CCA 20100600.
No. 12-0282/AR. U.S.
v. Michael A. GARNER. CCA 20080401.
No. 12-0283/MC. U.S.
v. Jeremiah I. HACKLER. CCA 201100323.
No. 12-0284/AR. U.S.
v. William K. SPEARS. CCA 20110462.
No. 12-0285/AR. U.S.
v. Benjamin M. ACKMAN. CCA 20090615.
______________________
* Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-093
Thursday, January 26, 2012
APPEALS-SUMMARY
DISPOSITIONS
No. 12-0160/MC.
* It is directed that the United States Navy-Marine
Corps Court of Criminal Appeals substitute a corrected CCA opinion to fix the
obvious clerical error in the decretal paragraph to change Charge III to Charge
IV.
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0199/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 briefs will be filed under Rule
25.
No. 12-0160/MC.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0525/AF.
No. 12-0276/MC.
No. 12-0277/AF.
No. 12-0278/AR.
MISCELLANEOUS DOCKET -
FILINGS
Misc. No. 12-8012/AF.
David J.A. GUTIERREZ, Petitioner v. 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 electronically filed under Rule 27(a) on this
date.
INTERLOCUTORY ORDERS
No. 12-0244/AR.
No. 12-0272/AF.
______________________
* Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-092
Wednesday, January 25, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 11-0383/NA.
No. 11-0427/AR.
No. 11-0434/AR.
No. 12-0266/AR.
No. 12-0267/AR.
No. 12-0268/NA.
No. 12-0269/AR.
No. 12-0270/AR.
No. 12-0271/AF.
No. 12-0272/AF.
No. 12-0273/AF.
No. 12-0274/AF.
No. 12-0275/AF.
_________________________
*
Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-091
Tuesday, January 24, 2012
HEARINGS
No. 11-0462/AR. U.S. v. Christopher A. BARBERI. CCA 20080636.
No. 11-0399/NA. U.S. v. Willie A. BRADLEY. CCA 200501089.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0204/AR. U.S.
v. Rodolfo SERNA-RAMIREZ. CCA 20100129.
No. 12-0221/AF. U.S.
v. Miguel P. MEJIA. CCA S31922.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0264/AR. U.S.
v. Robert O. BOZEMAN. CCA 20080711.
No. 12-0265/AR. U.S.
v. Joshua K. WILL. CCA 20100273.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-090
Monday, January 23, 2012
ORDERS GRANTING PETITION
FOR REVIEW
No. 09-0079/AR.
WHETHER THE SPECIFICATION OF CHARGE
II AND THE SPECIFICATION OF ADDITIONAL CHARGE II FAIL TO STATE AN OFFENSE UNDER
THE SUPREME COURT'S HOLDING 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. 2001).
No briefs will be filed under Rule
25.
PETITIONS FOR GRANT OF REVIEW
FILED
No. 12-0262/AR.
No. 12-0263/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-089
Friday, January 20, 2012
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0190/AR. U.S.
v. Ivan H. HUOT. CCA 20100903.
No. 12-0215/AR. U.S.
v. Aaron J. MEDINA. CCA 20100469.
No. 12-0220/AR. U.S.
v. Andrew T. STRONG. CCA 20100635.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0486/NA. U.S.
v. Akeem A. WILKINS. CCA 201000289.*
No. 12-0256/AR. U.S.
v. Kevin L. RITCHSON. CCA 20110572.
No. 12-0257/AR. U.S.
v. Patrick B. HART. CCA 20110215.
No. 12-0258/AR. U.S.
v. Diener VASCONCELOS. CCA 20110303.
No. 12-0259/AR. U.S.
v. Justin C. WIESENHOFER. CCA 20100041.
No. 12-0260/AR. U.S.
v. Patrick A. FAUST. CCA 20090080.
No. 12-0261/AF. U.S.
v. Christopher P. GOMEZ. CCA S31937.
________________________________
* Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-088
Thursday, January 19, 2012
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0136/AR.
WHERE A SPECIFICATION CHARGED UNDER
ARTICLE 134, UCMJ, FAILS TO STATE AN OFFENSE UNDER UNITED STATES v. FOSLER,
70 M.J. 225 (C.A.A.F. 2011), BY NOT INCLUDING THE TERMINAL ELEMENTS FOR CLAUSE
1 OR 2, CAN AN ACCUSED PROVIDENTLY PLEAD GUILTY TO SUCH A SPECIFICATION WHERE HE
FAILS TO OBJECT TO THE SPECIFICATION AT TRIAL, WHERE THE MILITARY JUDGE ADVISES
THE ACCUSED OF THE TERMINAL ELEMENTS DURING THE PROVIDENCE INQUIRY, AND THE
ACCUSED ADMITS TO ALL THE ELEMENTS?
No briefs will be filed under Rule
25.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0049/AF.
No. 12-0212/AR.
No. 12-0213/AR.
No. 12-0214/AR.
No. 12-0216/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-087
Wednesday, January 18, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 09-0043/AR.
No. 12-0146/NA.
No. 12-0147/MC.
No. 12-0177/AR.
No. 12-0201/MC.
No. 12-0205/AR.
No. 12-0207/AR.
No. 12-0208/AF.
No. 12-0209/AF.
No. 12-0210/AF.
No. 12-0211/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0227/NA.
No. 12-0255/AR.
INTERLOCUTORY ORDERS
No. 12-0053/AR.
No. 12-0071/AR.
No. 12-0131/AR.
________________________
* Second
petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-086
Tuesday, January 17, 2012
APPEALS-SUMMARY
DISPOSITIONS
No. 11-0625/AR.
WHETHER, IN LIGHT OF BULLCOMING
v.
WHETHER APPELLANT WAIVED THE
CONFRONTATION CLAUSE ISSUE WITH RESPECT TO THE FORENSIC LABORATORY REPORTS BY
ONLY OBJECTING TO THEIR ADMISSION BASED ON AN INADEQUATE CHAIN OF CUSTODY.
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 granted issues. [See
also ORDERS GRANTING PETITION for review this date.]
No. 12-0142/NA.
ORDERS GRANTING PETITION
FOR REVIEW
No. 09-5003/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 briefs will be filed under Rule
25.
No. 11-0625/AR.
No. 12-0132/AR.
WHETHER THE SPECIFICATION OF CHARGE
II FAILS TO STATE AN OFFENSE AS IT DOES NOT ALLEGE, EXPRESSLY OR BY NECESSARY
IMPLICATION, "THE TERMINAL ELEMENT" AS REQUIRED BY UNITED STATES
v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).
No briefs will be filed under Rule
25.
No. 12-0142/NA.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0034/AR.
No. 12-0046/AR.
No. 12-0253/AF.
No. 12-0254/AF.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No. 12-8010/AR. In Re Calvin J. Davenport. CCA
20081102. On consideration of the
petition for extraordinary relief in the nature of a writ of prohibition and
Petitioner's motion to stay the proceedings, it is
ordered that said motion to stay the proceedings is hereby denied, and said
petition is hereby denied without prejudice to raising the issue in the normal
course of appellate review.
_________________________
*
Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-085
Friday, January 13, 2012
ORDERS
GRANTING PETITION FOR REVIEW
No. 12-0030/AR. U.S. v. Michael C. BEHENNA. CCA 20090234.
Review granted on the following issues:
WHETHER THE MILITARY JUDGE'S
ERRONEOUS INSTRUCTION LIMITING THE RIGHT TO SELF-DEFENSE DEPRIVED APPELLANT OF
HIS CONSTITUTIONAL RIGHT TO A FAIR TRIAL.
WHETHER THE GOVERNMENT'S FAILURE TO
DISCLOSE FAVORABLE INFORMATION TO THE DEFENSE DEPRIVED APPELLANT OF HIS CONSTITUTIONAL
RIGHT TO A FAIR TRIAL.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0166/AR. U.S.
v. Joshua R. STOVALL. CCA 20100876.
No. 12-0170/AR. U.S.
v. Larry E. PARKS, Jr. CCA 20110176.
PETITIONS FOR GRANT OF REVIEW
FILED
No. 12-0248/AF. U.S.
v. Eric L. BROWN. CCA 37851.
No. 12-0249/AR. U.S.
v. Thomas E. DURHAM. CCA 20100488.
No. 12-0250/AF. U.S.
v. Marcus J. BENNETT. CCA S31802.
No. 12-0251/AF. U.S.
v. Ermen-Rene BARNETT. CCA 37578.
No. 12-0252/AR. U.S.
v. Jesse J. BRAY. CCA 20100029.
INTERLOCUTORY ORDERS
No. 11-0399/NA. U.S.
v. Willie A. BRADLEY. CCA 200501089.
No. 11-0462/AR. U.S.
v. Christopher A. BARBERI. 20080636.
No. 12-0030/AR. U.S.
v. Michael C. BEHENNA. CCA 20090234. On consideration of the motion for leave to file an amicus curiae brief by the
National Association of Criminal Defense Lawyers and Appellant's motion to
consider the brief on behalf of Appellant filed with the United States Army
Court of Criminal Appeals, it is ordered that said
motions are hereby denied. The denial of the motion for leave to file an
amicus curiae brief in support of the petition for grant of review is without
prejudice to the filing of a motion for leave to file an amicus curiae brief on
the issues granted review on this date.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-084
Thursday, January 12, 2012
INTERLOCUTORY
ORDERS
No. 11-0639/AR. U.S.
v. Tanner P. FORRY. CCA 20080334. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, but only up to and including January 26, 2012, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 12-0147/MC. U.S.
v. Phillip J. APODACA. CCA 201100008. Appellant's motion to attach documents and
Appellee's motion to file an opposition to Appellant's motion to attach
documents out of time are hereby denied.
No. 12-0222/AR. U.S.
v. Terrance L. ABERNATHY. CCA 20110229. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, but only up to and including January 26, 2012, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 12-8011/AR. Charles
GRANER, Jr. Appellant. v. United States, Appellee. Appellee's motion to extend time to file an
answer to the writ-appeal petition is granted to February 8, 2012.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-083
Wednesday, January 11, 2012
HEARINGS
No. 11-0440/MC.
APPEALS-SUMMARY
DISPOSITIONS
No. 12-0125/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. 12-0164/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).
Briefs will be filed under Rule 25.
No. 12-0182/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).
Briefs will be filed under Rule 25.
No. 12-0125/AR.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0123/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0362/AR.
No. 11-0629/AR.
No. 11-0640/AR.
No. 12-0245/AR.
No. 12-0246/AR.
No. 12-0247/AR.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No. 12-8008/AR.
Julian ASSANGE, and WIKILEAKS, Appellants v.
___________________________
*
Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-082
Tuesday, January 10, 2012
HEARINGS
No. 12-6001/AF. U.S.
v. Scott M. DEASE, Jr. CCA 2011-04.
No. 11-0526/AF. U.S.
v. Kody T. WEEKS. CCA 37535.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0155/AF. U.S.
v. Joseph F. RICHARDSON. CCA S31743.
No. 12-0168/AR. U.S.
v. Cristian A. MARTINEZ. CCA 20100697.
No. 12-0191/AF. U.S.
v. Manuel A. HERNANDEZ. CCA 37860.
No. 12-0192/AR. U.S.
v. Jeremy J. PARKER. CCA 20110043.
No. 12-0193/AF. U.S.
v. Clay K. CORNETTE. CCA S31849.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0241/AF. U.S.
v. Kayla L. PIXLER. CCA S31934.
No. 12-0242/AF. U.S.
v. Allan T. STEIN, IV. CCA S31924.
No. 12-0243/AF. U.S.
v. David W. WENTWORTH. CCA 37852.
No. 12-0244/AR. U.S.
v. Joshua D. PROCTOR. CCA 20100289.
INTERLOCUTORY ORDERS
No. 12-0099/AR. U.S.
v. Matthew J. MCCLAIN. CCA 20090446. Appellant's motion to extend time to file a
brief granted, up to and including January
27, 2012, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 12-0123/AR. U.S.
v. Andre K. HARDAWAY III. CCA 20100139. Appellee's motion to file a ten day letter out
of time is denied.
No. 12-5001/AF. U.S.
v. Daniel J. DATAVS. CCA 37537. Appellant's motion to extend time for the
Judge Advocate General to file a certificate for review is granted to February
10, 2012.
No. 12-8010/AR. U.S.
v. Calvin J. DAVENPORT. CCA 20081102. On consideration of petitioner's motion to file corrected copies of the
petition for extraordinary relief and motion to stay the proceedings, it is ordered that said motion to file
the corrected copies is hereby granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-081
Monday, January 9, 2012
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0066/AF.
No. 12-0188/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0420/AR.
No. 12-0235/AF.
No. 12-0236/NA.
No. 12-0237/AR.
No. 12-0238/AF.
No. 12-0239/AF.
No. 12-0240/AF.
MISCELLANEOUS DOCKET - FILINGS
INTERLOCUTORY ORDERS
No. 12-0234/AF.
_______________________
*
Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-080
Friday, January 6, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 11-0661/AR.
No. 12-0233/MC.
No. 12-0234/AF.
INTERLOCUTORY ORDERS
No. 12-0066/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-079
Thursday, January 5, 2012
APPEALS-SUMMARY
DISPOSITIONS
WHETHER APPELLANT RECEIVED
POST-TRIAL INEFFECTIVE ASSISTANCE OF COUNSEL AND APPELLANT HAS MADE A COLORABLE
SHOWING OF POSSIBLE PREJUDICE.
No. 12-0009/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
OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).
No. 12-0028/AR.
WHETHER THE MILITARY JUDGE ERRED
WHEN HE FOUND APPELLANT GUILTY OF SPECIFICATION 1 OF CHARGE I BASED ON HIS
BELIEF THAT APPELLANT HAD COMMITTED THE SIMILAR OFFENSES ALLEGED IN
SPECIFICATIONS 2 AND 3.
No. 12-0070/AF.
WHETHER THE AIR FORCE COURT OF
CRIMINAL APPEALS ERRED BY AFFIRMING APPELLANT'S SENTENCE DESPITE THE GOVERNMENT'S
FAILURE TO COMPLY WITH THE REQUIREMENTS OF RULES FOR COURTS-MARTIAL 1105 AND
1106.
ORDERS GRANTING PETITION
FOR REVIEW
No. 10-0649/AF.
No. 12-0009/MC.
No. 12-0028/AR.
No. 12-0070/AF.
NOTICE OF FILING OF MOTION
No. 12-5001/AF.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0083/CG.
No. 12-0114/AF.
No. 12-0122/AR.
No. 12-0159/MC.
No. 12-0163/AR.
No. 12-0175/AF.
No. 12-0186/AR.
No. 12-0187/AF.
PETITIONS FOR GRANT OF
REVIEW - OTHER SUMMARY DISPOSITIONS
No. 12-0143/MC.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0232/AR.
INTERLOCUTORY ORDERS
No. 12-0203/AR.
MANDATES ISSUED
No. 11-0280/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-078
Wednesday, January 4, 2012
ORDERS
GRANTING PETITION FOR REVIEW
No. 12-6002/AF.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 11-0671/AR.
No. 12-0108/AF.
No. 12-0144/AR.
No. 12-0176/AF.
No. 12-0183/AR.
No. 12-0184/AR.
No. 12-0185/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0454/AR.
__________________________
* Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-077
Tuesday, January 3, 2012
APPEALS - SUMMARY
DISPOSITIONS
No. 12-0128/NA.
* It is directed that the promulgating order be
corrected to reflect that a panel of officer and enlisted members adjudged the
sentence and not the military judge; there is no date that the sentence was
adjudged; and, Appellant's unit should be USS GEORGE H.W. BUSH (CVN 77).[See
also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0128/NA.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0133/NA.
No. 12-0138/AR.
No. 12-0153/AF.
No. 12-0169/AR.
No. 12-0174/AR.
No. 12-0178/AF.
No. 12-0179/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0231/AR.
INTERLOCUTORY ORDERS
No. 11-0440/MC.
No. 11-0526/AF.
No. 12-6001/AF.
MANDATES ISSUED
Nos. 11-0239/AR & 11-5004/AR.
No. 11-0257/MC.
No. 11-0389/AR.
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