UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-019
Friday, September 28, 2012
NOTICES
No. 11-0486/NA.
No. 12-0320/AF.
No. 12-0414/AR.
No. 12-5001/AF.
No. 12-8027/AR. Center for Constitutional Rights, et al.,
In each of the above cases, 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 III to perform
judicial duties, 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).
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0689/AR.
No. 12-0699/AF.
No. 12-0701/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 12-0331/AR.
No. 13-0040/AR.
INTERLOCUTORY ORDERS
No. 12-0300/AR.
No. 12-0331/AR.
No. 12-0678/AR.
No. 13-0003/AR.
No. 13-0009/AR.
No. 13-0038/NA.
No. 13-0040/AR.
PETITIONS FOR
RECONSIDERATION DENIED
No. 12-8031/MC. James
M. Lewis v.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-018
Thursday, September 27, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 11-0166/AF. U.S.
v. Harley T. LUSK. CCA S31624.*
No. 13-0038/NA. U.S.
v. Kenneth J. PERRY. CCA 201100273.
No. 13-0039/AR. U.S.
v. Michael S. JORGENSEN. CCA 20111094.
_______________________________
* Second petition filed in this case.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-017
Wednesday, September
26, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0300/AR. U.S.
v. Payson C. AVERILL. CCA 20090491.*
No. 13-0036/MC. U.S.
v. Shawn T. LUCAS. CCA 201100372.
No. 13-0037/AR. U.S.
v. Eloy GONZALEZ. CCA 20100485.
INTERLOCUTORY ORDERS
No. 13-0001/AR. U.S.
v. Jarvis J. PILAGO. CCA 20100414. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted, up
to and including September 28, 2012, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 13-0008/AR. U.S.
v. Godfrey J. HURLEY. CCA 20080262. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted, up
to and including October 11, 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. 13-016
Tuesday, September 25, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0082/AF.
No. 12-0690/AF.
No. 12-0691/AF.
No. 12-0694/AF.
No. 12-0696/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0476/AR.
No. 13-0034/AR.
No. 13-0035/AR.
MISCELLANEOUS DOCKET -
FILINGS
Misc. No. 13-8008/AR.
Shawn M.E. PELLETIER, v. Colonel Thomas D. Cook, Colonel Theresa A.
Gallagher, Lieutenant Colonel Steven P. Haight,
_______________________________
* Third petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-015
Monday, September 24, 2012
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0019/AF.
No. 11-0495/AR.
No. 13-0030/AR.
No. 13-0031/AR.
No. 13-0032/AR.
No. 13-0033/AR.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No.
12-8030/NA. John H. MAZE, Appellant v.
______________________________
* Second petition filed in this
case.
** Third petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-014
Friday, September 21, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0638/AR.
No. 12-0671/AF.
No. 12-0685/AR.
No. 12-0686/AR.
No. 12-0688/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 13-0028/AR.
No. 13-0029/AR.
INTERLOCUTORY ORDERS
No. 12-0408/MC.
No. 13-0020/NA.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-013
Thursday, September 20, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0026/AR.
No. 13-0027/AR.
MISCELLANEOUS DOCKET -
FILINGS
Misc. No. 13-8007/NA.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-012
Wednesday, September 19, 2012
APPEALS - SUMMARY
DISPOSITIONS
No. 12-0501/AF.
WHETHER THE MILITARY JUDGE ABUSED
HIS DISCRETION BY FAILING TO EXCUSE
FOR CAUSE A COURT MEMBER WHO ACCUSED APPELLANT OF
LYING BY OMISSION BY EXERCISING HER RIGHT TO REMAIN SILENT.
The decision of the United States Air Force Court of
Criminal Appeals is vacated, and the case 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. Nash, 71 M.J. 83 (C.A.A.F.
2012), without prejudice to raising other issues in a subsequent appeal.
No. 13-0004/AF.
WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY
AFFIRMING HARD LABOR WITHOUT CONFINEMENT WHEN THE CONVENING AUTHORITY DID NOT
APPROVE THAT PUNISHMENT. SEE ARTICLE 66(c), UCMJ.
The decision of the United States Air Force Court of
Criminal Appeals is affirmed as to findings and only so much of the sentence as
provides for a bad-conduct discharge, confinement for 30 days, and a reduction
to the grade of E-1.
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0501/AF.
No. 12-0524/AR.
I. WHETHER THE MILITARY JUDGE ABUSED HIS
DISCRETION WHEN HE FAILED TO SUPPRESS EVIDENCE OF CHILD PORNOGRAPHY DISCOVERED
ON APPELLANT'S PERSONAL COMPUTER IN THE COURSE OF AN UNREASONABLE SEARCH
CONDUCTED TO FIND CONTRABAND AFTER APPELLANT WAS WOUNDED IN
II. WHETHER
THE ARMY COURT ERRED IN CREATING A NEW EXCEPTION TO THE FOURTH AMENDMENT WHEN
IT HELD THAT THE GOVERNMENT'S SEARCH OF APPELLANT'S PERSONAL COMPUTER WAS
REASONABLE BECAUSE THE GOVERNMENT WAS NOT "CERTAIN" OR
"ABSOLUTELY CLEAR" THAT IT WOULD BE RETURNED TO THE WOUNDED-WARRIOR
APPELLANT.
Briefs will be filed under Rule 25.
No. 12-0604/NA.
I. A
LACK OF MENTAL RESPONSIBILITY DEFENSE EXISTS WHEN A MENTALLY DISEASED ACCUSED
CANNOT APPRECIATE THE WRONGFULNESS OF HIS CONDUCT. HERE, EXPERTS TESTIFIED THAT APPELLANT'S
PARANOID SCHIZOPHRENIA AND SEVERE DELUSIONS CREATED HIS SUBJECTIVE BELIEF THAT
STABBING THE VICTIM WAS JUSTIFIED. BUT
THE MILITARY JUDGE AND NMCCA ADOPTED AN OBJECTIVE STANDARD FOR
"WRONGFULNESS." WHAT IS THE APPROPRIATE STANDARD IN DETERMINING
WHETHER AN ACCUSED CAN APPRECIATE THE WRONGFULNESS OF HIS CONDUCT?
II. UNDER THE FIFTH AMENDMENT, AN ACCUSED'S
STATEMENT TO INVESTIGATORS IS ADMISSIBLE ONLY IF IT WAS OBTAINED WITH A
VOLUNTARY, KNOWING, AND INTELLIGENT WAIVER WHERE THE ACCUSED UNDERSTANDS HIS
RIGHTS AND THE CONSEQUENCES OF WAIVING THEM.
HERE, EXPERT WITNESSES TESTIFIED THAT APPELLANT COULD NOT UNDERSTAND HIS
RIGHTS OR THE CONSEQUENCES OF WAIVING THEM BECAUSE OF HIS SEVERE MENTAL
DISEASE. DID THE MILITARY JUDGE ERR BY
ADMITTING THE STATEMENT?
Briefs will be filed under Rule 25.
No. 12-0616/AR.
WHETHER APPELLANT'S CONVICTION FOR
INVOLUNTARY MANSLAUGHTER UNDER ARTICLE 119(b)(2), UCMJ, IS LEGALLY INSUFFICIENT
BECAUSE (1) IN ACCORDANCE WITH UNITED STATES v. SARGENT, 18 M.J. 331 (C.M.A.
1982), APPELLANT'S DISTRIBUTION OF OXYMORPHONE WAS NOT A CRIME DIRECTLY
AFFECTING THE PERSON UNDER ARTICLE 119(b)(2), AND (2) EVEN IF SO, CONGRESS DID
NOT INTEND FOR ARTICLE 119(b)(2) TO COVER APPELLANT'S MISCONDUCT.
Briefs will be filed under Rule 25.
No. 13-0004/AF.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0206/AR.
No. 12-0591/NA.
No. 12-0661/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 13-0025/MC.
MISCELLANEOUS DOCKET -
FILINGS
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-011
Tuesday, September 18, 2012
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0653/AF.
No. 12-0680/AF.
No. 12-0681/AF.
No. 12-0682/AR.
No. 12-0683/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 13-0022/AR.
No. 13-0023/AF.
No. 13-0024/NA.
INTERLOCUTORY ORDERS
No.
13-8002/AF. Timothy L. MERRITT,
Petitioner v. 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 Respondents show cause on or before September 28, 2012, why
the requested relief should not be granted.
No.
12-8027/AR. Center for Constitutional
Rights, et al, Appellants v.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-010
Monday, September 17, 2012
INTERLOCUTORY ORDERS
No. 12-0414/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-009
Friday, September 14, 2012
APPEALS-SUMMARY DISPOSITION
WHETHER APPELLANT SUFFERED MATERIAL
PREJUDICE TO A SUBSTANTIAL RIGHT AS A RESULT OF THE GOVERNMENT'S FAILURE TO
ALLEGE THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ, IN CHARGE II, SPECIFICATIONS
4 AND 7.
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.
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.
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.
WHETHER APPELLANT SUFFERED MATERIAL
PREJUDICE TO A SUBSTANTIAL RIGHT AS A RESULT OF THE GOVERNMENT'S FAILURE TO
ALLEGE THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ, IN THE SPECIFICATION OF
CHARGE II.
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. 12-0557/AR.
No. 12-0596/AR.
No. 12-0617/MC.
No. 12-0618/AF.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0484/NA.
No. 12-0674/AF.
No. 12-0677/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 10-0685/AF.
No. 13-0021/AF.
_______________________________
* Second
petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-008
Thursday, September 13, 2012
ORDERS GRANTING PETITION
FOR REVIEW
No. 12-0597/AR.
WHETHER THE MILITARY JUDGE ABUSED
HIS DISCRETION WHEN HE REJECTED APPELLANT'S PLEA BASED UPON A NECESSITY DEFENSE
THAT IS NEITHER RECOGNIZED IN MILITARY COURTS NOR APPLICABLE TO APPELLANT'S
CASE.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0670/AF.
No. 12-0672/AF.
No. 12-0673/AF.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 13-0020/NA.
MISCELLANEOUS DOCKET -
FILINGS
No. 12-0398/AR.
No. 12-0484/NA.
No. 12-0693/AR.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-007
Wednesday, September 12, 2012
PETITIONS
FOR GRANT OF REVIEW FILED
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. 13-0019/AR. U.S.
v. John M. DODSON. CCA 20090378.
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
No. 13-8001/NA.
United States, Appellant v. Saheed A. LAWANSON, Appellee. CCA 201200187. On consideration of the Government's Motion
to Stay Proceedings, the Government's Motion to Correct Errata, and the
Appellee's Motion to Dismiss the Government's Motion to Stay Proceedings, it is ordered that the Motion to Correct Errata is granted, the
Motion to Stay Proceedings is denied, and the Motion to Dismiss the
Government's Motion to Stay Proceedings is denied as moot.
INTERLOCUTORY ORDERS
No. 11-0462/AR. U.S.
v. Christopher A. BARBERI. CCA 20080636. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 1, 2012.
No. 13-0013/AR. U.S.
v. Paul R. JASPER. CCA 20100112. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 1, 2012.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-006
Tuesday, September 11, 2012
APPEALS-SUMMARY
DISPOSITIONS
No. 12-0578/AR.
WHETHER APPELLANT SUFFERED MATERIAL
PREJUDICE TO A SUBSTANTIAL RIGHT AS A RESULT OF THE GOVERNMENT'S FAILURE TO
ALLEGE THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ, IN THE SPECIFICATION OF
CHARGE III (UNLAWFUL ENTRY).
The portion of the decision of the United States Army Court
of Criminal Appeals as to Charge III and its specification and the sentence are
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.
No. 12-0658/AR.
WHETHER APPELLANT SUFFERED MATERIAL
PREJUDICE TO A SUBSTANTIAL RIGHT AS A RESULT OF THE GOVERNMENT'S FAILURE TO
ALLEGE THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ, IN THE SPECIFICATION OF
CHARGE II.
The portion of the decision of the United States Army Court
of Criminal Appeals as to Charge II and its specification and the sentence are
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. 12-0578/AR.
No. 12-0658/AR.
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 12-0607/AF.
No. 12-0652/NA.
No. 12-0655/NA.
No. 12-0667/AR.
No. 12-0668/AR.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 11-0462/AR.
No. 13-0012/AF.
No. 13-0013/AR.
No. 13-0014/AF.
No. 13-0015/AF.
No. 13-0016/AR.
_______________________________
*
Second petition filed in this
case.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-005
Monday, September 10, 2012
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
INTERLOCUTORY ORDERS
No. 12-0600/AF. U.S.
v. Mark W. CANANT. CCA S26397. On consideration of Appellant's motion to attach a document and Appellee's
motion to dismiss the petition for lack of jurisdiction, it is ordered that Appellee's motion to dismiss the petition for lack of
jurisdiction is hereby granted, and Appellant's
motion to attach a document is hereby denied as moot.
No. 13-0006/NA. U.S.
v. Brian L. BRIMEYER. CCA 201100141. Appellant's motion to extend time to file a
supplement to the petition for grant of review granted to September 27, 2012.
No. 13-0007/AR. U.S.
v. Walter S. COLEMAN. CCA 20100417. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 26, 2012.
No. 13-0008/AR. U.S.
v. Godfrey J. HURLEY. CCA 20080262. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 26, 2012.
No. 13-0009/AR. U.S.
v. Roger CRUZ. CCA 20100132. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 27, 2012.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-004
Friday, September 7, 2012
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 12-0593/AF. U.S. v. Alexander SCHODOLSKI-CAREY. CCA 37605.
No. 12-0654/AF. U.S.
v. Seth A. COOPER. CCA S31918.
No. 12-0665/AR. U.S.
v. Anthony C. DENOFRIO. CCA 20110305.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 13-0004/AF. U.S.
v. Corey R. LENKNER. CCA S31997.
No. 13-0005/AF. U.S.
v. Jamar T. SIMON. CCA S31936.
No. 13-0006/NA. U.S.
v. Brian L. BRIMEYER. CCA 201100141.
No. 13-0007/AR. U.S.
v. Walter S. COLEMAN. CCA 20100417.
No. 13-0008/AR. U.S.
v. Godfrey J. HURLEY. CCA 20080262.
No. 13-0009/AR. U.S.
v. Roger CRUZ. CCA 20100132.
No. 13-0010/AR. U.S.
v. Timothy M. AMAVISCA. CCA 20110622.
No. 13-0011/AR. U.S.
v. Gemayel A. JONES. CCA 20090900.
MANDATES ISSUED
No. 12-0008/AR. U.S.
v. Alaa M. ALI. CCA 20080559.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-003
Thursday, September 6, 2012
ORDERS
GRANTING PETITION FOR REVIEW
No. 12-0555/NA. U.S. v. Heather D. LUBICH. CCA 201100378.
Review granted on the following issue:
WHETHER THE MILITARY JUDGE ERRED BY
OVERRULING DEFENSE COUNSEL'S FOUNDATION AND AUTHENTICATION OBJECTIONS AND
ADMITTING COMPUTERIZED DATA EVIDENCE GATHERED BY AN UNNAMED NAVY-MARINE CORPS
INTRANET (NMCI) ANALYST WHO USED AN UNIDENTIFIED PROCESS WITH UNKNOWN
RELIABILITY TO COLLECT DATA RELATED TO APPELLANT'S NETWORK USER ACTIVITY.
Briefs will be filed under Rule 25.
PETITIONS FOR GRANT OF
REVIEW FILED
No. 13-0002/AR. U.S.
v. Dwight H. RILEY. CCA 20110136.
No. 13-0003/AR. U.S.
v. Megan B. MCCLELLAN. CCA 20110484.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-002
Wednesday, September 5, 2012
MISCELLANEOUS DOCKET -
SUMMARY DISPOSITIONS
Misc. No.
12-8033/AR. Maurice K. ROBINS, Appellant
v. United States, Appellee. CCA
20990996. On consideration of the writ-appeal petition and Appellee's
motion to file government's designation of portions of the record to be
included in the joint appendix pursuant to Rule 24(f), it is
ordered that said motion is hereby granted, and said writ-appeal petition is
hereby denied.
MISCELLANEOUS DOCKET -
FILINGS
Misc. No.
13-8002/AF. Timothy L. MERRITT,
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 a writ of mandamus was filed under Rule
27(a) on this date.
INTERLOCUTORY ORDERS
No. 12-0496/NA. U.S.
v. Dominic P. ALTIER. CCA 201000361. Appellee's motion to extend time to file a
brief granted, up to and including
September 17, 2012, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 12-0687/AR. U.S.
v. Daniel ZAVALAGAMEZ. CCA 20110197. On consideration of Appellant's motion to extend
time to file the supplement to the petition for grant of review, it is ordered
that said motion is hereby granted, but
only up to and including September 25, 2012; and absent extraordinary circumstances,
no further extension of time will be granted in this case.
No. 13-0001/AR. U.S.
v. Jarvis J. PILAGO. CCA 20100414. Appellant's motion to extend time to file the supplement
to the petition for grant of review is granted to September 24, 2012.
No. 13-8001/NA. United States, Appellant v. Saheed A. LAWANSON,
Appellee. CCA 201200187. Notice is hereby given that a motion to stay
proceedings was filed by Appellant on this date.
In the Matter of the
RULES ADVISORY COMMITTEE
Pursuant to Rule 45 of the Rules of
Practice and Procedure, United States Court of Appeals for the Armed Forces, it
is ordered:
That Colonel James B. Roan, U.S. Air
Force, is hereby appointed as member of the Rules Advisory Committee. Colonel Roan's term will expire on September
30, 2015;
That John F. DePue, Esq. and Malcolm
Squires, Esq. are hereby re-appointed as members of the Rules Advisory
Committee. Their terms will expire on
September 30, 2015;
That the following members, whose
terms expire on the dates indicated below, remain on the Rules Advisory
Committee:
To expire on September 30, 2013:
Professor Steven H. Goldblatt, Chair
David B. Goodhand, Esq.
Michelle M. Lindo McCluer, Esq.
James E. McPherson, Esq.
To expire on September 30, 2014:
Edward F. Rodriguez, Jr., Esq.
Colonel Patricia A. Ham, JA, U.S. Army
Brian K. Keller, Esq.
William A. DeCicco, Clerk of the
Court, is an ex officio member of the Committee, and serves as
its Reporter.
For
the Court,
/s/ William A. DeCicco
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 13-001
Tuesday, September 4, 2012
NOTICE
IN RE SEPTEMBER 2012 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).
PETITIONS FOR GRANT OF
REVIEW FILED
No. 13-0001/AR. U.S.
v. Jarvis J. PILAGO. CCA 20100414.
INTERLOCUTORY ORDERS
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 Appellees' motion to attach trial
transcript in response to court order, it is ordered that
said motion is hereby granted.
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