Daily Journal for October 2012

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-037

Wednesday, October 31, 2012

PETITIONS FOR GRANT OF REVIEW DENIED

No. 12-0644/AR. U.S. v. Jayson J. WALL. CCA 20100174.

No. 13-0017/AR. U.S. v. Zeke R. MOORE. CCA 20110135.

No. 13-0018/NA. U.S. v. Francis S. KEY. CCA 201100417.

No. 13-0034/AR. U.S. v. Dwight D. METZ. CCA 20110918.

No. 13-0039/AR. U.S. v. Michael S. JORGENSEN. CCA 20111094.

PETITIONS FOR GRANT OF REVIEW FILED

No. 11-0280/AR. U.S. v. Douglas K. WINCKELMANN. CCA 20070243.*

No. 11-0474/AR. U.S. v. Anthony P. KNOWLAND. CCA 20071405.**

No. 11-0558/AR. U.S. v. Alvaro GARCIA, Jr. CCA 20080839.**

No. 13-0091/AR. U.S. v. Alexander LOYA. CCA 20090770.

No. 13-0092/AR. U.S. v. Marcus R. DICKENS. CCA 20120178.

No. 13-0093/AF. U.S. v. Anthony P. HARRIS. CCA 38090.

No. 13-0094/AR. U.S. v. Brandon L. MORGAN. CCA 20120057.

No. 13-0095/AR. U.S. v. Jeffrey W. SWARTZ. CCA 20091041.

No. 13-0096/AR. U.S. v. Maurice S. WILSON. CCA 20110146.

INTERLOCUTORY ORDERS

No. 12-0451/AF. U.S. v. Pablo P. IRIZARRY. CCA 37748. Motion filed by Robert D. Gifford II, Esq., to file a corrected brief granted.

No. 13-0091/AR. U.S. v. Alexander LOYA. CCA 20090770. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 19, 2012.

____________________________

* Second petition filed in this case.

** Third petition filed in this case.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-036

Friday, October 26, 2012

PETITIONS FOR GRANT OF REVIEW FILED

No. 13-0086/AF. U.S. v. David I. NORMAN. CCA 38070.

No. 13-0087/AF. U.S. v. Adam T. RUYLE. CCA S31917.

No. 13-0088/AF. U.S. v. Samuel L. LAMPHIER. CCA 37918.

No. 13-0089/MC. U.S. v. Jorge L. GONZALEZ. CCA 201200164.

No. 13-0090/AF. U.S. v. Christopher J. ARBELLE. CCA 37703.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 13-8004/AR. Daniel ROSAS, Appellant v. United States, Appellee. CCA 20120718. On consideration of the writ-appeal petition, and Appellee's motion for leave to file a joint appendix, it is ordered that said motion for leave to file a joint appendix is hereby granted, and said petition is hereby dismissed.

Misc. No. 13-8007/NA. United States, Appellant v. Saheed A. LAWANSON, Appellee. CCA 201200187. On consideration of the writ-appeal petition, it is ordered that said petition is hereby denied.

INTERLOCUTORY ORDERS

No. 11-0443/AR. U.S. v. Aaron P. HUDSON. CCA 20090506. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 14, 2012.

No. 13-0085/AR. U.S. v. Justin L. NIXON. CCA 20110812. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 14, 2012.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-035

Thursday, October 25, 2012

PETITIONS FOR GRANT OF REVIEW DENIED

No. 13-0020/NA. U.S. v. Dmenico D. HUDSON. CCA 201100560.

No. 13-0030/AR. U.S. v. Matthew J. STOCKWELL. CCA 20120280.

No. 13-0031/AR. U.S. v. Wayne C. KING, II. CCA 20120155.

No. 13-0032/AR. U.S. v. Jeremy A. KEECH. CCA 20101015.

No. 13-0033/AR. U.S. v. Zachary C. HIGGINS. CCA 20101009.

PETITIONS FOR GRANT OF REVIEW FILED

No. 11-0443/AR. U.S. v. Aaron P. HUDSON. CCA 20090506.*

No. 13-0084/AR. U.S. v. Donald W. PARRIS, Jr. CCA 20110752.

No. 13-0085/AR. U.S. v. Justin L. NIXON. CCA 20110812.

______________________________

* Third petition filed in this case.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-034

Wednesday, October 24, 2012

HEARINGS

No. 12-0418/AF. U.S. v. Andrew P. HALPIN. CCA S31805.

No. 12-5002/AF. U.S. v. Ray A. VAZQUEZ. CCA 37563.

ORDERS GRANTING PETITION FOR REVIEW

No. 11-0019/AF. U.S. v. Shannon L. DOLLAR. CCA S31607. Review granted on the following issue:

WHETHER THE ERRONEOUS ADMISSION OF COVER MEMORANDA AND CERTIFICATIONS BY LABORATORY CERTIFYING OFFICIALS ON TWO DD FORM 2624s WAS HARMLESS BEYOND A REASONABLE DOUBT IN A CASE WHERE THE TESTIFYING EXPERT HAD NO INVOLVEMENT IN THE TESTING OF APPELLANT'S SAMPLES AND QUOTED THE COVER MEMORANDA IN HIS TESTIMONY TO THE MEMBERS.

No briefs will be filed under Rule 25.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 13-8010/AR. Reinel CASA GARCIA, Appellant v. United States, Appellee. CCA 20111047. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of error corm nobis, which the Court construes as a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief, was filed under Rule 27(b) on this date, and Appellee will file an answer to said petition on or before November 5, 2012.

INTERLOCUTORY ORDERS

No. 13-0018/NA. U.S. v. Francis S. KEY. CCA 201100417. Appellant's motion to file the supplement to the petition under seal is granted.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-033

Tuesday, October 23, 2012

HEARINGS

No. 12-0313/MC. U.S. v. Andrew D. TEARMAN. CCA 201100195.

No. 12-0282/AR. U.S. v. Michael A. GARNER. CCA 20080401.

ORDERS GRANTING PETITION FOR REVIEW

No. 13-0016/AR. U.S. v. Daniel GASKINS. CCA 20080132. Review granted on the following issues:

I. WHETHER THE GOVERNMENT'S LOSS OF A SENTENCING EXHIBIT RENDERED THE RECORD OF TRIAL INCOMPLETE UNDER ARTICLE 54, UCMJ, RESULTING IN A JURISDICTIONAL LIMITATION ON THE SENTENCE TO ONE NO GREATER THAN THAT WHICH COULD BE APPROVED FOR A NON-VERBATIM RECORD.

II. WHETHER APPELLANT WAIVED THE FAILURE TO PLEAD THE TERMINAL ELEMENT OF THE ARTICLE 134 OFFENSES BY HIS FAILURE TO RAISE THAT ISSUE AT THE SENTENCE REHEARING, AND IF NOT, WHETHER THOSE CHARGES SHOULD BE DISMISSED BECAUSE THE GOVERNMENT FAILED TO PLEAD THE TERMINAL ELEMENT.

Briefs will be filed under Rule 25.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 13-0027/AR. U.S. v. Robert C. CASTILLO. CCA 20110513.

No. 13-0028/AR. U.S. v. Cristian J. PAYAN. CCA 20110665.

No. 13-0029/AR. U.S. v. Ivette DAVILA. CCA 20100693.

PETITIONS FOR GRANT OF REVIEW FILED

No. 11-0045/AF. U.S. v. William E. V. DUNN. CCA S31584.*

No. 12-0125/AR. U.S. v. Robert A. LYON. CCA 20090792.**

No. 13-0082/AR. U.S. v. Rodney R. STUTZMAN. CCA 20100731.

No. 13-0083/AR. U.S. v. Andrian HERNANDEZ. CCA 20120144.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 13-8008/AR. Shawn M.E. PELLETIER, Petitioner v. Colonel Thomas D. Cook, Colonel Theresa A. Gallagher, Lieutenant Colonel Steven P. Haight, United States Army, Respondents. CCA 20100711. On consideration of the petition for extraordinary relief in the nature of a writ of prohibition and Petitioner's motion for a stay of proceedings, it is ordered that said motion is hereby denied, and that said petition for extraordinary relief in the nature of a writ of prohibition is hereby denied.

PETITIONS FOR RECONSIDERATION DENIED

No. 12-8025/AR. Michael G. NEW, Appellant v. United States, Appellee. On consideration of Appellant's petition for reconsideration of the Court's order issued on September 10, 2012, it is ordered that said petition for reconsideration is hereby denied.

INTERLOCUTORY ORDERS

No. 13-0079/NA. U.S. v. Steve MOYA. CCA 201100444. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 13, 2012.

______________________________

* Second petition filed in this case.

** Third petition filed in this case.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-032

Monday, October 22, 2012

PETITIONS FOR GRANT OF REVIEW FILED

No. 13-0076/AR. U.S. v. John L. HORNE, Jr. CCA 20110025.

No. 13-0077/AF. U.S. v. Michael J. MOSCICKI. CCA 37849.

No. 13-0078/AF. U.S. v. Tristan P. JOSEPH. CCA 37855.

No. 13-0079/NA. U.S. v. Steve MOYA. CCA 201100444.

No. 13-0080/AF. U.S. v. Chase L. JONES. CCA S31910.

No. 13-0081/AR. U.S. v. Gregory M. RHODES. CCA 20120379.

INTERLOCUTORY ORDERS

No. 13-8009/AR. Nidal M. HASAN, Appellant v. Gregory GROSS, Colonel, U.S. Army, Military Judge, Appellee. CCA 20120876. On consideration of Appellant's motion to stay proceedings, it is ordered that said motion is hereby granted pending further order of the Court.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-031

Friday, October 19, 2012

PETITIONS FOR GRANT OF REVIEW DENIED

No. 12-0678/AR. U.S. v. David N. GILLUM. CCA 20111156.

No. 13-0023/AF. U.S. v. Louis S. POLKA. CCA S32013.

PETITIONS FOR GRANT OF REVIEW FILED

No. 13-0075/AF. U.S. v. Joseph I. MARUNIAK. CCA S31919.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 13-8009/AR. Nidal M. HASAN, Appellant v. Gregory GROSS, Colonel, U.S. Army, Military Judge, Appellee. CCA 20120876. Notice is hereby given that a motion to stay proceedings was filed by Appellant on this date.

INTERLOCUTORY ORDERS

No. 12-0398/AR. U.S. v. Ryan A. BOWERSOX. CCA 20100580. Appellant's motion to extend time to file a reply brief granted, up to and including October 24, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 13-0069/AF. U.S. v. Derek S. CONLEY. CCA S32023. Appellant's motion to extend time to file the supplement to the petition for grant of review granted .

No. 13-0072/AF. U.S. v. Richard B. WHITMILL. CCA 37805. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 7, 2012.

No. 13-0074/AF. U.S. v. Hernan A. RUIZ-MARTINEZ. CCA S31909. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 7, 2012.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-030

Thursday, October 18, 2012

PETITIONS FOR GRANT OF REVIEW DENIED

No. 12-0698/AR. U.S. v. Xavier J. LOZOYA. CCA 20111028.

No. 13-0021/AF. U.S. v. Justin A. HAWKINS. CCA 38065.

PETITIONS FOR GRANT OF REVIEW FILED

No. 13-0069/AF. U.S. v. Derek S. CONLEY. CCA S32023.

No. 13-0070/AR. U.S. v. Robert E. MOORING III. CCA 20110397.

No. 13-0071/AF. U.S. v. Xavier R. AMOS. CCA 38085.

No. 13-0072/AF. U.S. v. Richard B. WHITMILL. CCA 37805.

No. 13-0073/AR. U.S. v. Marvin J. JENKINS. CCA 20110867.

No. 13-0074/AF. U.S. v. Hernan A. RUIZ-MARTINEZ. CCA S31909.

INTERLOCUTORY ORDERS

No. 13-0066/AR. U.S. v. Adam R. THIBEAULT. CCA 20100511. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 6, 2012.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-029

Wednesday, October 17, 2012

APPEALS-SUMMARY DISPOSITIONS

No. 12-0048/AR. U.S. v. Bobby D. JAMES. CCA 20081163. Review granted on the following issue:

WHETHER APPELLANT SUFFERED MATERIAL PREJUDICE TO A SUBSTANTIAL RIGHT AS A RESULT OF THE GOVERNMENT FAILURE TO ALLEGE THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ, IN CHARGE II AND ITS SPECIFICATION.

The decision of the United States Army Court of Criminal Appeals as to the Specification of Charge II and the sentence is reversed. United States v. Humphries, 71 M.J. 209 (C.A.A.F. 2012). The decision of that court as to the remaining charge and specifications is affirmed. The record of trial is returned to the Judge Advocate General of the Army for remand to that court for further reconsideration in light of Humphries. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 12-0048/AR. U.S. v. Bobby D. JAMES. CCA 20081163. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

No. 12-0684/MC. U.S. v. Antonio M. CASTELLANO. CCA 201100248. Review granted on the following issue:

IN MILLER v. CALIFORNIA, THE SUPREME COURT HELD THAT THE TRIER OF FACT MUST DETERMINE WHETHER JUDICIALLY-CREATED FACTORS THAT DISTINGUISH BETWEEN CONSTITUTIONALLY-PROTECTED AND CRIMINAL CONDUCT ARE SATISFIED. THE FACTORS IDENTIFIED IN UNITED STATES v. MARCUM ARE AN EXAMPLE OF SUCH FACTORS BUT THE LOWER COURT HELD THAT THE MILITARY JUDGE MUST DETERMINE WHETHER THE MARCUM FACTORS ARE SATISFIED. WHO DETERMINES WHETHER THEY HAVE BEEN SATISFIED?

Briefs will be filed under Rule 25.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 12-0635/AR. U.S. v. Robert R. TELLES. CCA 20100190.

No. 13-0014/AF. U.S. v. Matthew E. TAKARA. CCA S31832.

PETITIONS FOR GRANT OF REVIEW FILED

No. 12-0285/AR. U.S. v. Benjamin M. ACKMAN. CCA 20090615.*

No. 12-0385/AR. U.S. v. Robert T. TOUSSANT. CCA 20090839.*

No. 13-0065/AR. U.S. v. Marco A. RODRIGUEZ. CCA 20110562.

No. 13-0066/AR. U.S. v. Adam R. THIBEAULT. CCA 20100511.

No. 13-0067/AR. U.S. v. Domenica L. MORGAN. CCA 20110599.

No. 13-0068/AR. U.S. v. Anderson B. TULL. CCA 20120179.

INTERLOCUTORY ORDERS

No. 11-0495/AR. U.S. v. Brandon K. PRICE. CCA 20100382. On consideration of Appellant's motion for leave to file out of time and motion to extend time to file the supplement to the petition for grant of review, it isordered that said motion is hereby granted to October 19, 2012.

No. 13-0037/AR. U.S. v. Eloy GONZALEZ. CCA 20100485. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including October 31, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

_________________________________

* Second petition filed in this case.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-028

Tuesday, October 16, 2012

PETITIONS FOR GRANT OF REVIEW DENIED

No. 12-0666/AR. U.S. v. Steven P. STRICKLAND. CCA 20050455.

No. 12-0692/AR. U.S. v. Enrique PEREZ. CCA 20110553.

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 13-0036/MC. U.S. v. Shawn T. LUCAS. CCA 201100372. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review and motion to clarify and Appellee's motion to remand, it is ordered that Appellee's motion to remand is hereby granted, and that Appellant's motion to extend time to file the supplement to the petition for grant of review and motion to clarify are hereby denied as moot.

PETITIONS FOR GRANT OF REVIEW FILED

No. 12-0328/AR. U.S. v. Bret A. GLOWTH. CCA 20090925.*

No. 13-0062/AF. U.S. v. Priscilla N. OROZCO. CCA 38017.

No. 13-0063/AR. U.S. v. Dustin L. HUTCHISON. CCA 20120260.

No. 13-0064/AF. U.S. v. Delvin S. PRINCE. CCA 37809.

INTERLOCUTORY ORDERS

No. 11-0476/AR. U.S. v. Berttran L. TILLER. CCA 20080438. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including October 30, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 12-0048/AR. U.S. v. Bobby D. JAMES. CCA 20081163. Appellee's motion to file the 10-day letter out of time is denied.

No. 12-0451/AF. U.S. v. Pablo P. IRIZARRY. CCA 37748. On consideration of the motions filed by Robert D. Gifford II, Esq., it is ordered that said motions are hereby granted to the extent that Ms. Gauri Nautiyal may appear as a law student under the supervision of Mr. Gifford on behalf of Amicus Curiae, The University of Oklahoma College of Law, in support of Appellee, that she may file an Amicus brief in support of Appellee, and that she is allotted 10 minutes to present oral argument.

No. 12-0644/AR. U.S. v. Jayson J. WALL. CCA 20100174. Appellee's motion to attach authenticated transcript of the post-trial Article 39(a), UCMJ, session in response to the Court order is granted.

___________________________________

* Second petition filed in this case.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-027

Monday, October 15, 2012

ORDERS GRANTING PETITION FOR REVIEW

No. 11-0675/AR. U.S. v. Cassandra M. RILEY. CCA 20100084. Review granted on the following issues:

I. WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HER DEFENSE COUNSEL FAILED TO INFORM HER THAT SHE WOULD HAVE TO REGISTER AS A SEX OFFENDER AFTER PLEADING GUILTY.

II. WHETHER, IN LIGHT OF UNITED STATES v. MILLER, 63 M.J. 452 (C.A.A.F. 2006), THERE IS A SUBSTANTIAL BASIS TO QUESTION APPELLANT'S GUILTY PLEA DUE TO THE MILITARY JUDGE'S FAILURE TO INQUIRE IF TRIAL DEFENSE COUNSEL INFORMED APPELLANT THAT THE OFFENSE TO WHICH SHE PLEADED GUILTY WOULD REQUIRE APPELLANT TO REGISTER AS A SEX OFFENDER.

Briefs will be filed under Rule 25.

INTERLOCUTORY ORDERS

No. 11-0640/AR. U.S. v. Robert L. MCCULLOUGH. CCA 20090206. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 1, 2012.

No. 12-0486/AR. U.S. v. Jeremey C. CLIFTON. CCA 20091092. Appellant's motion to extend time to file a reply brief is granted, up to and including October 22, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 12-0597/AR. U.S. v. Reginald D. HOLSEY. CCA 20100479. Appellant's motion to extend time to file a brief is granted, up to and including October 26, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 13-0059/NA. U.S. v. Rocio MASK. CCA 201100399. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 1, 2012.

No. 13-0060/AR. U.S. v. Juel R. BIZZELL. CCA 20100898. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 1, 2012.

No. 13-0061/AR. U.S. v. Ted C. SQUIRE. CCA 20091106. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 1, 2012.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No.13-026

Friday, October 12, 2012

PETITIONS FOR GRANT OF REVIEW DENIED

No. 12-0669/AR. U.S. v. Kenneth D. NEWBERRY. CCA 20100909.

No. 12-0695/AF. U.S. v. Christopher L. WRIGHT. CCA S31848.

No. 12-0700/AR. U.S. v. Dale E. BOLDWARE. CCA 20090665.

No. 12-0702/AR. U.S. v. Kyle A. CHRISTENSON. CCA 20110711.

No. 13-0012/AF. U.S. v. Christopher R. MORGAN. CCA 37763.

No. 13-0015/AF. U.S. v. Rachel R. SALAZAR. CCA S32007.

PETITIONS FOR GRANT OF REVIEW FILED

No. 09-0441/AF. U.S. v. Joshua C. BLAZIER. CCA 36988.*

No. 11-0640/AR. U.S. v. Robert L. MCCULLOUGH. CCA 20090206.**

No. 13-0055/AF. U.S. v. Jacoby C. GREENE. CCA 38068.

No. 13-0056/AF. U.S. v. William I. HAINES. CCA S32026.

No. 13-0057/AR. U.S. v. Michael D. FIELDS-BRADLEY. CCA 20120203.

No. 13-0058/AR. U.S. v. Donald D. DUKES, Jr. CCA 20120339.

No. 13-0059/NA. U.S. v. Rocio MASK. CCA 201100399.

No. 13-0060/AR. U.S. v. Juel R. BIZZELL. CCA 20100898.

No. 13-0061/AR. U.S. v. Ted C. SQUIRE. CCA 20091106.

INTERLOCUTORY ORDERS

No. 11-0547/AR. U.S. v. Ivan D. GOINGS. CCA 20080602.

No. 12-0398/AR. U.S. v. Ryan A. BOWERSOX. CCA 20100580.

No. 12-0408/MC. U.S. v. Lawrence G. HUTCHINS III. CCA 200800393.

No. 12-0486/AR. U.S. v. Jeremey C. CLIFTON. CCA 20091092.

No. 12-0496/NA. U.S. v. Dominic P. ALTIER. CCA 201000361.

No. 12-0516/AF. U.S. v. Michael S. TUNSTALL. CCA 37592.

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-referenced cases, and that Senior Judge Effron has consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. § 942(e)(1)(A)(ii) (2006).

No. 12-0353/MC. U.S. v. Lazzaric T. CALDWELL. CCA 201000557.

No. 12-0451/AF. U.S. v. Pablo P. IRIZARRY. CCA 37748.

No. 12-0522/AF. U.S. v. Adam G. COTE. CCA 37745.

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 Walter T. Cox to perform judicial duties in the above-referenced cases, and that Senior Judge Cox has consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. § 942(e)(1)(A)(ii) (2006).

No. 12-8027/AR. Center for Constitutional Rights, et al., Appellants v. United States and Colonel Denise Lind, Military Judge, Appellees. CCA 20120514. On consideration of the pleadings of the parties, and oral argument, held on October 10, 2012, it is ordered that the parties file supplemental briefs on the following additional issues:

I. WHETHER, IN LIGHT OF DENEDO v. UNITED STATES, 556 U.S. 904 (2009), CLINTON v. GOLDSMITH, 526 U.S. 529 (1999), UNITED STATES v. LOPEZ de VICTORIA, 66 M.J. 67 (C.A.A.F. 2008), ABC, INC. v. POWELL, 47 M.J. 363 (C.A.A.F. 1997), UNITED STATES v. HERSHEY, 20 M.J. 433 (C.M.A. 1985), ARTICLES 36, 66, AND 67, UCMJ, AND RULE FOR COURTS-MARTIAL 806, THIS COURT AND THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS HAVE SUBJECT-MATTER JURISDICTION OVER APPELLANTS' REQUEST FOR EXTRAORDINARY RELIEF.

II. WHETHER APPELLANTS, NON-PARTIES TO THE COURT-MARTIAL, HAVE STANDING IN THIS COURT OR THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS TO FILE A REQUEST FOR EXTRAORDINARY RELIEF IN THIS MATTER.

III. ASSUMING JURISDICTION, (1) IN THE CONTEXT OF THE RECORDS NOW AT ISSUE, WHICH OFFICIALS ARE LAWFULLY AUTHORIZED TO DIRECT PUBLIC RELEASE OF SUCH RECORDS, AND (2) TO WHAT EXTENT MUST APPELLANTS FIRST DEMONSTRATE THAT THEY HAVE MADE THEIR INITIAL REQUEST TO AN APPROPRIATE RECORDS CUSTODIAN AND HAD SUCH REQUEST DENIED.

Appellants' brief on these issues shall be filed within ten days of the date of this Order. Appellees' brief shall be filed within five days of the filing of Appellants' brief. Counsel for Private Bradley Manning, the accused at the pending court-martial, may also file a brief on the above issues within ten days of the date of this Order.

____________________________________

* Second petition filed in this case.

** Third petition filed in this case.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-025

Thursday, October 11, 2012

PETITIONS FOR GRANT OF REVIEW FILED

No. 13-0053/AR. U.S. v. Ricky R. RAMIREZ. CCA 20120121.

No. 13-0054/AR. U.S. v. Sergio G. GARCIA. CCA 20111147.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 13-8002/AF. Timothy L. MERRITT, Petitioner 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 a writ of mandamus, it is ordered that said petition is hereby denied.

INTERLOCUTORY ORDERS

No. 09-5003/AF. U.S. v. Brandon T. ROSE. CCA 36508. On consideration of Appellant/Cross-Appellee's motion to stay the remand order and motion to withdraw the motion to stay the remand order, it is ordered that said motion to withdraw the motion to stay the remand order is hereby granted, and that said motion to stay the remand order is hereby denied as moot.

No. 12-0313/MC. U.S. v. Andrew D. TEARMAN. CCA 201100195.

No. 12-5002/AF. U.S. v. Ray A. VAZQUEZ. CCA 37563.

No. 12-0282/AR. U.S. v. Michael A. GARNER. CCA 20080401.

No. 12-0418/AF. U.S. v. Andrew. P. HALPIN. CCA S31805.

No. 12-0644/AR. U.S. v. Jayson J. WALL. CCA 20100174. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals and the record of trial, the Court notes that appellate counsel have referenced a post-trial Article 39(a), UCMJ, session at the court-martial where the military judge discussed a newly-discovered convening order. It is also noted that the record does not contain any transcript of that session. Accordingly, it is ordered that the government produce the authenticated transcript of said Article 39(a) session, and that the authenticated transcript be filed with this Court on or before October 25, 2012.

No. 12-0692/AR. U.S. v. Enrique PEREZ. CCA 20110553. Appellant's motion to consider additional matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motion is hereby granted.

No. 13-0053/AR. U.S. v. Ricky R. RAMIREZ. CCA 20120121. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 31, 2012.

No. 13-8006/AF. Patrick CARTER, Petitioner v. The United States, United States Air Force Court of Criminal Appeals and Commander, United States Naval Consolidated Brig, Miramar, California, Respondents. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus or, in the alternative, writ of mandamus, it is ordered that on or before October 22, 2012, Respondents show cause why the requested relief should not be granted on the following issue:

WHETHER PETITIONER IS ENTITLED TO EXTRAORDINARY RELIEF WHERE HIS CASE HAS BEEN PENDING BEFORE THE AIR FORCE

COURT OF CRIMINAL APPEALS FOR MORE THAN 24 MONTHS AND THE AIR FORCE COURT HAS DENIED MULTIPLE MOTIONS FOR

EXPEDITED DECISION.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-024

Wednesday, October 10, 2012

HEARINGS

No. 12-0320/AF. U.S. v. Chadrick L. CAPEL. CCA S31819.

No. 12-0414/AR. U.S. v. David G. SPICER, Jr. CCA 20090608.

No. 12-8027/AR. Center for Constitutional Rights, et al. v. United States and Colonel Denise Lind, Military Judge. CCA 20120514.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 13-0005/AF. U.S. v. Jamar T. SIMON. CCA S31936.

No. 13-0010/AR. U.S. v. Timothy M. AMAVISCA. CCA 20110622.

No. 13-0011/AR. U.S. v. Gemayel A. JONES. CCA 20090900.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-023

Tuesday, October 9, 2012

HEARINGS

No. 12-5001/AF. U.S. v. Daniel J. DATAVS. CCA 37537.

No. 11-0486/NA. U.S. v. Akeem A. WILKINS. CCA 201000289.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 12-0532/AR. U.S. v. Chad D. COLCLASURE. CCA 20110213.

No. 12-0676/AR. U.S. v. William C. LYNCH. CCA 20110601.

No. 12-0679/AR. U.S. v. Thomas B. HENDRIX. CCA 20110926.

PETITIONS FOR GRANT OF REVIEW FILED

No. 11-0400/AR. U.S. v. Michael T. MCNAUGHTON. CCA 20090596.*

No. 12-0026/AF. U.S. v. Charles L. WALTON. CCA 37664.**

No. 13-0049/AF. U.S. v. Donald J. MERNEIGH. CCA 38062.

No. 13-0050/NA. U.S. v. Nathanael T. WESTERN. CCA 201100651.

No. 13-0051/AR. U.S. v. Terell D. BENTLEY. CCA 20110655.

No. 13-0052/AR. U.S. v. Johnny L.B. TYSON. CCA 20110993.

INTERLOCUTORY ORDERS

No. 11-0400/AR. U.S. v. Michael T. MCNAUGHTON. CCA 20090596. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to October 29, 2012.

No. 11-0497/MC. U.S. v. Desmond J. HORTON. CCA 201000481. LT Toren G. Mushovic's motion to withdraw as appellate defense counsel is granted.

No. 12-0486/AR. U.S. v. Jeremey C. CLIFTON. CCA 20091092. Appellee's motion to file a supplemental joint appendix is granted.

No. 12-8027/AR. Center for Constitutional Rights, et al., Appellants v. United States and Colonel Denise Lind, Military Judge, Appellees. CCA 20120514. Appellant's motion for leave to file a response to Appellee's supplemental citation of authority is granted.

No. 13-0043/AR. U.S. v. Jaime E. SALAS. CCA 20100707. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 25, 2012.

No. 13-0044/AF. U.S. v. Amy R. SHOOK. CCA 37593. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 25, 2012.

_______________________________

* Third petition filed in this case.

** Second petition filed in this case.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-022

Friday, October 5, 2012

PETITIONS FOR GRANT OF REVIEW FILED

No. 11-0639/AR. U.S. v. Tanner P. FORRY. CCA 20080334.*

No. 13-0043/AR. U.S. v. Jaime E. SALAS. CCA 20100707.

No. 13-0044/AF. U.S. v. Amy R. SHOOK. CCA 37593.

No. 13-0045/AF. U.S. v. Kagan B. DICKSON. CCA S32006.

No. 13-0046/AF. U.S. v. Krystal A. SPRINGER. CCA 38075.

No. 13-0047/AR. U.S. v. Robert A. CLARK. CCA 20110179.

No. 13-0048/AR. U.S. v. John N. PAPAIN. CCA 20111102.

_______________________________

* Third petition filed in this case.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-021

Wednesday, October 3, 2012

PETITIONS FOR GRANT OF REVIEW FILED

No. 13-0042/AR. U.S. v. Vincient D. BRATLIE. CCA 20110755.

INTERLOCUTORY ORDERS

No. 11-0526/AF. U.S. v. Kody T. WEEKS. CCA 37535. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 22, 2012.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-020

Tuesday, October 2, 2012

PETITIONS FOR GRANT OF REVIEW DENIED

No. 12-0675/AR. U.S. v. Floyd J. LEWIS, Jr. CCA 20110022.

PETITIONS FOR GRANT OF REVIEW FILED

No. 11-0526/AF. U.S. v. Kody T. WEEKS. CCA 37535.*

No. 12-0538/AR. U.S. v. Tiyewhonne M. DAVIS. CCA 20101022.*

No. 13-0041/AR. U.S. v. Darrel S. KISSLING. CCA 20120118.

INTERLOCUTORY ORDERS

No. 10-0319/MC. U.S. v. Nathan M. ROBINSON. CCA 200800827.

No. 12-0396/MC. U.S. v. Jason A. LUNSFORD, Jr. CCA 201100511.

No. 12-0450/MC. U.S. v. Jonathan M. KILARSKI. CCA 201100329.

No. 12-0496/NA. U.S. v. Dominic P. ALTIER. CCA 201000361.

In each of the above cases, LT Toren G. Mushovic's motion to withdraw as appellate defense counsel is granted.

______________________________

* Second petition filed in this case.

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