UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-201
Friday, June 29, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0502/AF.
No. 12-0506/AR.
No. 12-0528/AR.
No. 12-0529/AR.
No. 12-0530/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0587/AF.
No. 12-0588/AF.
No. 12-0589/AR.
No. 12-0590/AR.
No. 12-0591/NA.
No. 12-0592/AR.
No. 12-0593/AF.
No. 12-0594/AR.
No. 12-0595/AF.
INTERLOCUTORY ORDERS
No. 12-0589/AR.
No. 12-0593/AF.
No. 12-8026/AR. Maurice
K. ROBINS, Appellant v.
Appellee's motion to extend time to file an answer to the
writ-appeal petition granted to July 12, 2012.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-200
Thursday, June 28, 2012
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0586/MC.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-199
Tuesday, June 26, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0481/NA.
No. 12-0488/AR.
No. 12-0515/AR.
No. 12-0517/AR.
No. 12-0518/AF.
No. 12-0519/AR.
No. 12-0520/AR.
No. 12-0521/AR.
No. 12-0525/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0585/MC.
MANDATES ISSUED
No. 11-0515/MC.
No. 12-0053/AR.
MISCELLANEOUS DOCKET –
FILINGS
No. 12-8027/AR.
Center for Constitutional Rights, et al., Appellants v.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-198
Monday, June 25, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0512/AR.
No. 12-0513/AF.
No. 12-0514/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0580/AR.
No. 12-0581/AF.
No. 12-0582/AF.
No. 12-0583/AR.
No. 12-0584/AR.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No. 12-8024/AR.
Kenneth A.R. PINKELA, Appellant v. Michael J. HARGIS,
MISCELLANEOUS DOCKET -
FILINGS
Misc. No. 12-8026/AR.
Maurice K. ROBINS, Appellant v.
INTERLOCUTORY ORDERS
No. 12-0419/AF.
No. 12-0578/AR.
No. 12-8024/AR. Kenneth
A.R. PINKELA, Appellant v. Michael J. HARGIS,
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-197
Friday, June 22, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0472/AR.
No. 12-0507/AR.
No. 12-0509/AR.
No. 12-0511/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0569/NA.
No. 12-0570/AF.
No. 12-0571/AF.
No. 12-0572/AF.
No. 12-0573/AF.
No. 12-0574/AF.
No. 12-0575/AF.
No. 12-0576/AF.
No. 12-0577/AR.
No. 12-0578/AR.
No. 12-0579/MC.
MISCELLANEOUS DOCKET -
FILINGS
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-196
Thursday, June 21, 2012
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0565/AR.
No. 12-0566/AR.
No. 12-0567/AR.
No. 12-0568/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-195
Wednesday, June 20, 2012
APPEALS-SUMMARY DISPOSITIONS
No. 12-0532/AR. U.S. v. Chad D. COLCLASURE. CCA 20110213.
On consideration of the petition for grant of review of the decision of
the United States Army Court of Criminal Appeals,
it is noted that in his action, the convening authority failed to approve or
disapprove the sentence as required by Rule for Courts-Martial (R.C.M.)
1107(d)(1). Rather, he merely ordered
parts of the sentence, not to include the bad-conduct discharge, executed. Such an action is incomplete and
ambiguous. Accordingly, it is ordered
that said petition is hereby granted on the following
issue:
WHETHER THE CONVENING AUTHORITY'S
ACTION THAT FAILED TO APPROVE OR DISAPPROVE THE SENTENCE, BUT ORDERED IT
EXECUTED, IS INCOMPLETE AND AMBIGUOUS.
The
decision of the United States Army Court of Criminal Appeals is set aside. In accordance with R.C.M. 1107(g), the record
of trial is returned to the Judge Advocate General of the Army for submission
to the convening authority to withdraw the original action and substitute a
corrected action. Thereafter, Article
66, UCMJ, and Article 67, UCMJ, respectively, will apply. [See also ORDERS
GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0532/AR. U.S. v. Chad D. COLCLASURE. CCA 20110213. [See also APPEALS-SUMMARY DISPOSITIONS this
date.]
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0494/AR. U.S.
v. Andrea R. LEWIS. CCA 20110139.
No. 12-0497/AR. U.S.
v. Douglas L. GREATHOUSE. CCA 20110557.
No. 12-0498/AR. U.S.
v. Francisco J. AMAYA. CCA 20100619.
No. 12-0499/AF. U.S.
v. Matthew D. JIMERSON. CCA 37979.
No. 12-0500/AR. U.S.
v. Emmitt R. QUINTAL. CCA 20110062.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0559/AR. U.S.
v. Thompson B. GOBLE, Jr. CCA 20110949.
No. 12-0560/AR. U.S.
v. George J. LETT. CCA 20111003.
No. 12-0561/AR. U.S.
v. Eric A. ORTIZ. CCA 20110383.
No. 12-0562/AR. U.S.
v. Obryant E. DAVIS. CCA 20110674.
No. 12-0563/AR. U.S.
v. Theo J. CROWE. CCA 20110483.
No. 12-0564/AR. U.S.
v. Andrew T. SIMONS. CCA 20110420.
INTERLOCUTORY ORDERS
No. 12-8022/AF. Steven
J. HOLSEY v. United States. On
consideration of Petitioner's motion
to withdraw pending motions to stay the Article 32 Hearing proceedings and the
motion to file document, it is ordered that said motion to withdraw is hereby
granted, and said motion to file document is hereby denied as moot.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-194
Tuesday, June 19, 2012
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0557/AR.
No. 12-0558/AR.
INTERLOCUTORY ORDERS
No. 12-0414/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-193
Monday, June 18, 2012
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0556/NA.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-192
Friday, June 15, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0449/AR.
No. 12-0460/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0549/NA.
No. 12-0550/AR.
No. 12-0551/AR.
No. 12-0552/AR.
No. 12-0553/AF.
No. 12-0554/AR.
No. 12-0555/NA.
INTERLOCUTORY ORDERS
No. 12-0555/NA.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-191
Thursday, June 14, 2012
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0474/NA.
WHETHER CONTESTED ARTICLE 134 CLAUSE
1 OR 2 SPECIFICATIONS THAT FAIL TO EXPRESSLY ALLEGE AN ARTICLE 134 TERMINAL
ELEMENT BUT THAT WERE NOT CHALLENGED AT
No briefs will be filed under Rule
25.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0466/MC.
No. 12-0490/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0546/AR.
No. 12-0547/AR.
No. 12-0548/AR.
INTERLOCUTORY ORDERS
No. 12-0524/AR.
No. 12-0543/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-190
Wednesday, June 13, 2012
ORDERS GRANTING PETITION
FOR REVIEW
No. 11-0547/AR.
I. WHETHER
II. WHETHER SPECIFICATION 6 OF CHARGE II FAILS
TO STATE AN OFFENSE BECAUSE IT DOES NOT EXPRESSLY ALLEGE OR NECESSARILY IMPLY
THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ.
Briefs will be filed under Rule 25
on Issue I only.
No. 12-0450/MC.
I. IN UNITED STATES v. SWEENEY, THIS
COURT FOUND THAT THE DATA REVIEW SHEETS FROM A DRUG SCREENING LABORATORY WERE
NOT PLAINLY AND OBVIOUSLY TESTIMONIAL.
HERE, THE DEFENSE OBJECTED TO ALL HANDWRITTEN NOTATIONS IN THE
LABORATORY DOCUMENTS AND WAS DENIED THE PRODUCTION OF THE FINAL CERTIFYING OFFICIAL
WHO ALSO SIGNED THE CONFIRMATION TEST DATA REVIEW SHEET AFTER TWO POSITIVE
SCREENINGS. ARE THE DATA REVIEW SHEETS
TESTIMONIAL?
II. UNDER UNITED STATES v. SWEENEY,
ADMISSION OF THE SPECIMEN CUSTODY DOCUMENT IS ERROR. HERE, THE LOWER COURT FOUND THAT ITS
ADMISSION WAS HARMLESS BEYOND A REASONABLE DOUBT AND THAT A SURROGATE EXPERT
FROM THE DRUG SCREENING LABORATORY TESTIFIED PROPERLY. DID THE LOWER COURT ERR?
No briefs will be filed under Rule
25.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0434/MC.
No. 12-0467/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0544/AR.
No. 12-0545/AR.
MANDATES ISSUED
No. 09-5003/AF.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-189
Tuesday, June 12, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 11-0239/AR.
No. 11-0543/AR.
No. 12-0483/AF.
No. 12-0489/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0542/AR.
No. 12-0543/AR.
INTERLOCUTORY ORDERS
No. 12-0504/AR.
No. 12-5002/AF.
Misc. No. 12-8022/AF.
Steven J. HOLSEY, Petitioner v.
Misc. No. 12-8023/AF.
Steven J. HOLSEY, Petitioner v.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-188
Monday, June 11, 2012
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0433/AR. U.S.
v. James E. MULLINS. CCA 20090578.
No. 12-0447/AR. U.S.
v. Kenneth O. KIDD. CCA 20100631.
No. 12-0455/AR. U.S.
v. Hector J. PINEDA. CCA 20110768.
No. 12-0485/AR. U.S.
v. Peter C. BALANDIAK. CCA 20110457.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0540/AF. U.S.
v. Nathan J. MEISTER. CCA 37798.
No. 12-0541/AR. U.S. v. Blanca I. DAVILA-PABON. CCA 20110238.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-187
Friday, June 8, 2012
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0538/AR.
No. 12-0539/MC.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-186
Thursday, June 7, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0536/AF.
No. 12-0537/AR.
INTERLOCUTORY ORDERS
No. 12-0313/MC.
Appellee's motion to substitute the joint appendix is
granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-185
Wednesday, June 6, 2012
ORDERS
GRANTING PETITION FOR REVIEW
No. 11-0558/AR.
WHEN THE GOVERNMENT FAILS TO ALLEGE
AN ARTICLE 134 TERMINAL ELEMENT THE CHARGE FAILS TO STATE AN OFFENSE UNLESS THE
TERMINAL ELEMENT CAN BE "NECESSARILY IMPLIED" FROM THE LANGUAGE OF
THE SPECIFICATION. THE MISSING TERMINAL
ELEMENT FROM THE SPECIFICATIONS OF CHARGE II CANNOT BE NECESSARILY IMPLIED FROM
THE TEXT. ARE THE OFFENSES FATALLY
DEFECTIVE?
No briefs will be filed under Rule
25.
No. 12-0125/AR.
WHETHER THE GOVERNMENT'S FAILURE TO
ALLEGE IN THE SPECIFICATION OF CHARGE IV THAT APPELLANT'S UNAUTHORIZED WEARING
OF THE RANGER TAB WAS PREJUDICIAL TO GOOD ORDER AND DISCIPLINE OR SERVICE
DISCREDITING UNDER ARTICLE 134, UCMJ, SUBSTANTIALLY PREJUDICED APPELLANT'S
CONSTITUTIONAL RIGHT TO FAIR NOTICE OF THE CHARGE AGAINST HIM.
No briefs will be filed under Rule
25.
No. 12-0428/MC.
WHETHER THE TWO ARTICLE 134 SPECIFICATIONS
UNDER CHARGE III ARE PREJUDICIALLY DEFECTIVE BECAUSE THEY DO NOT ALLEGE,
EXPRESSLY OR BY NECESSARY IMPLICATION, THE TERMINAL ELEMENT.
No briefs will be filed under Rule
25.
No. 12-0448/MC.
APPELLANT CONTESTED SPECIFICATIONS 1
AND 2 OF CHARGE II, WHICH ALLEGED THAT HE WRONGFULLY COMMITTED ADULTERY UNDER
ARTICLE 134, UCMJ, BUT DID NOT ALLEGE THE TERMINAL ELEMENT. ALTHOUGH THE
No briefs will be filed under Rule
25.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-184
Tuesday, June 5, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0473/AR.
No. 12-0475/AF.
No. 12-0476/AF.
No. 12-0479/AF.
No. 12-0480/AR.
No. 12-0482/MC.
MANDATES ISSUED
No. 11-0462/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-183
Monday, June 4, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0535/AR. U.S.
v. Scott G.F. BILLINGS. CCA 20110080.
INTERLOCUTORY ORDERS
Misc. No. 12-8022/AF.
Steven J. HOLSEY, Petitioner v. United States, Respondent. On
consideration of the petition for extraordinary relief in the nature of a
temporary restraining order enjoining an Article 32 Hearing in Petitioner's
case scheduled for 9 a.m., Monday, June 4, 2012, it is ordered that said
Article 32 hearing is hereby stayed pending further order of the Court, and
that Respondent will file an answer to said petition no later than 5:00 p.m. on
this date.
MISCELLANEOUS DOCKET -
FILINGS
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 12-182
Friday, June 1, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 11-0650/AF.
No. 12-0464/AR.
No. 12-0465/AR.
No. 12-0468/AF.
No. 12-0470/MC.
MISCELLANEOUS DOCKET -
FILINGS
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