UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-001
Friday, October 01, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0001/AR. U.S. v. Harold L. DAVIS II. CCA 9801518.

No. 00-0002/AF. U.S. v. Claude F. WHITE, Jr. CCA 33583.

No. 00-0003/AF. U.S. v. Moises SARRUFF. CCA 33558.

No. 00-0004/AF. U.S. v. Nathan E. LEBLANG. CCA 32925.

No. 00-0005/AF. U.S. v. John A. KRASTEL. CCA 33106.

No. 00-0006/AF. U.S. v. John P. GLAIM. CCA 33711.

No. 00-0007/AF. U.S. v. David S. CALDWELL. CCA 33015.

No. 00-0008/AF. U.S. v. Tyrone T. BROWN. CCA 33334.

No. 00-0009/MC. U.S. v. Alejandro SOTO. CCA 97-1024.

No. 00-0010/NA. U.S. v. Sharon Y. NELSON. CCA 97-1978.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-002
Monday, October 04, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0011/AR. U.S. v. Steven J. MORGAN. CCA 9800976.

No. 00-0012/AR. U.S. v. Artist W. MOORE. CCA 9800235.

No. 00-0013/AR. U.S. v. Corwin L. SHORTER. CCA 9800905.

No. 00-0014/AR. U.S. v. Joseph M. KEENEY. CCA 9900174.

No. 00-0015/NA. U.S. v. Sheik A. F. SAIB. CCA 99-0241.

No. 00-0016/MC. U.S. v. Kristian L. BRUINGTON. CCA 99-0796.

No. 00-0017/AF. U.S. v. Christopher S. ZIZA. CCA 33129.

No. 00-0018/AF. U.S. v. Jacob J. GARZA. CCA 33165.

INTERLOCUTORY ORDERS

No. 96-0659/AR. U.S. v. Steven L. BECKER. CCA 9600644. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only to October 18, 1999; absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 99-0069/NA. U.S. v. Carlos L. GUZMAN. CCA 97-0293. Motion filed by Major Stephen D. Chace to withdraw as appellate counsel granted.

No. 99-0547/AR. U.S. v. Paul E. GRIER. CCA 9700651. Appellee's motion to extend time to file answer to final brief granted, but only up to and including November 5, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-003
Tuesday, October 05, 1999

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0232/AR. U.S. v. Robert W. MARTIN. CCA 9600413. Review granted on the following issues:

I. WHETHER THE EVIDENCE OF RECORD CLEARLY AND CONVINCINGLY ESTABLISHES THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE DURING THE PERIOD OF THE CHARGED OFFENSES, EFFECTIVELY OVERCOMING THE PRESUMPTION OF MENTAL RESPONSIBILITY, AND THE GOVERNMENT'S EVIDENCE WAS INSUFFICIENT TO REFUTE THE DETERMINATION THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE.

II. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION FOR FAILING TO RECUSE HIMSELF AFTER BEING CHALLENGED BY THE DEFENSE.

III. WHETHER THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ABUSED ITS DISCRETION BY REFUSING TO RECUSE ITSELF FROM THE REVIEW OF APPELLANT'S CASE FOLLOWING A SEPTEMBER, 1997, ARMY JAGC REGIMENTAL DINING-IN ATTENDED BY THE CHIEF JUDGE OF THE ARMY COURT OF CRIMINAL APPEALS AND OTHER SENIOR MEMBERS OF THE U.S. ARMY JAG CORPS, AT WHICH DINING-IN THE APPELLANT AND HIS COURT-MARTIAL CONVICTION WERE OPENLY RIDICULED.

IV. WHETHER THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS COMMITTED PREJUDICIAL ERROR AND ABUSED ITS DISCRETION BY FAILING TO RECUSE ITSELF FROM CONTINUING THE REVIEW OF APPELLANT'S CASE FOLLOWING A JULY, 1997, AWARDS CEREMONY ATTENDED BY THE THREE APPELLATE JUDGES HEARING APPELLANT'S CASE, AT WHICH CEREMONY THE ASSISTANT ARMY JUDGE ADVOCATE GENERAL FOR MILITARY LAW AND OPERATIONS MADE DISPARAGING REMARKS CONCERNING APPELLANT, AND WHERE THE TRIAL COUNSEL IN APPELLANT'S CASE WAS PRESENTED AN AWARD FOR HER PARTICIPATION IN APPELLANT'S CASE, SIGNED BY THE ACTING CHIEF JUDGE OF THE ARMY COURT OF CRIMINAL APPEALS, AND BY DENYING APPELLANT'S MOTION TO ENTER AFFIDAVITS IN SUPPORT OF SUCH MOTION TO RECUSE INTO THE RECORD.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0717/AF. U.S. v. Aaron K. HUIZENGA. CCA 32764.

No. 99-0804/AR. U.S. v. Heather A. PATTIN. CCA 9701188.

No. 99-0856/AF. U.S. v. Steven J. REEDY. CCA 33540.

No. 99-0858/AF. U.S. v. Stephen J. HICKS. CCA 33623.

No. 99-0869/AR. U.S. v. Scott D. SNYDER. CCA 9800622.

No. 99-0873/AF. U.S. v. Jon R. LANNING. CCA 32736.

No. 99-0876/AF. U.S. v. Stephen W. SPOHN. CCA 33243.

No. 99-0883/NA. U.S. v. Michael A. HOPEK. CCA 98-1033.

No. 99-0885/MC. U.S. v. Michael J. STRICKLING II. CCA 99-0357.

No. 99-0886/MC. U.S. v. Kyle E. PORTA. CCA 98-1983.

No. 99-0888/AR. U.S. v. Jason JIRAVA. CCA 9800101.

No. 99-0890/AR. U.S. v. Anthony L. WELLS. CCA 9702001.

No. 99-0894/AF. U.S. v. Daryl A. KIK. CCA S29683.

No. 99-0895/AF. U.S. v. Steven W. LANIER. CCA 33618.

No. 99-0896/AF. U.S. v. Nakia D. OLIVER. CCA 33656.

No. 99-0919/AF. U.S. v. Rafael M. ROBLES. CCA 33653.

No. 99-0922/AF. U.S. v. Daniel R. SIGMUND. CCA 33494.

No. 99-0929/AF. U.S. v. William A. KNEUPER. CCA 33557.

No. 99-0952/AR. U.S. v. Kirt T. SMITH. CCA 9900129.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0019/AR. U.S. v. Joseph A. MONTERO. CCA 9701328.

No. 00-0020/AR. U.S. v. James R. BELVIY. CCA 9900098.

No. 00-0021/MC. U.S. v. Jimmie L. HANNAH. CCA 97-0159.

INTERLOCUTORY ORDERS

No. 98-0434/MC. U.S. v. Kasie L. DAWSON. CCA 96-2394. Appellee's motion to file opposition to motion for reconsideration out of time granted.

MANDATES ISSUED

No. 64926/AR. U.S. v. James T. MURPHY. CCA 8702873.

No. 98-0594/AF. U.S. v. Dirk J. THOMPSON. CCA 32630.

No. 98-1113/AF. U.S. v. David S. BRADLEY. CCA 32387.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-004
Wednesday, October 06, 1999

PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0594/MC. U.S. v. Tari N. DARDEN. CCA 97-1949.

No. 99-0702/MC. U.S. v. Darnnelle L. ELLISON. CCA 98-1926.

No. 99-0783/NA. U.S. v. Louis ABRAHAM. CCA 98-1832.

No. 99-0789/AF. U.S. v. Stephen R. BAUER. CCA 32735.

No. 99-0827/AR. U.S. v. Elisha L. GREEN. CCA 9701520.

No. 99-0837/AF. U.S. v. Douglas S. SLAPPEY. CCA 33162.

No. 99-0843/AR. U.S. v. Michael A. CHRISTIANSEN. CCA 9800837.

No. 99-0862/NA. U.S. v. Rodney E. CHILES. CCA 99-0333.

No. 99-0892/AF. U.S. v. Michael C. BLASDEL. CCA 33641.

No. 99-0893/AF. U.S. v. Christopher A. HARDISON. CCA 33383.

No. 99-0898/AF. U.S. v. Tiffany M. SMITH. CCA S29650.

No. 99-0905/AF. U.S. v. John S. ARNOLD. CCA S29629.

No. 99-0906/MC. U.S. v. Jose CHACON. CCA 98-0879.

No. 99-0907/NA. U.S. v. Richard A. ALI. CCA 99-0059.

No. 99-0918/AF. U.S. v. Rachel A. COLLINS. CCA 33517.

No. 99-0930/AF. U.S. v. Derrick D. REA. CCA 33634.

No. 99-0939/AF. U.S. v. Alex L. MARTIN. CCA 33727.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0022/AR. U.S. v. Norman R. MARABLE, Jr. CCA 9700618.

No. 00-0023/AF. U.S. v. Terrance T. WILLIAMSON. CCA 32750.

No. 00-0024/AF. U.S. v. Robert C. PERRY. CCA 33582.

No. 00-0025/AF. U.S. v. Amman T. BOONE. CCA S29709.

PETITIONS FOR RECONSIDERATION DENIED

No. 99-0606/AR. U.S. v. Kevin M. RAIFORD. CCA 9701162. Appellant's motion to file petition for reconsideration out of time granted; appellant’s petition for reconsideration denied.

INTERLOCUTORY ORDERS

No. 99-0788/AF. U.S. v. James M. ALLEN. CCA 32727. Appellant's motion to submit documents granted.

No. 99-0811/MC. U.S. v. Rockey J. REED. CCA 97-1378. Appellee's motion to amend filing and service to the answer to appellant's supplement to petition for grant of review granted.

No. 99-0910/NA. U.S. v. Daniel F. BOOMER. CCA 98-0012. Appellee's motion to extend time to file answer to supplement to petition for grant of review granted to November 12, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-005
Thursday, October 07, 1999

PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0707/AR. U.S. v. Gregory R. TENNIN. CCA 9700742.

No. 99-0763/AF. U.S. v. Glenn A. HASELDEN, Jr. CCA 33005.

No. 99-0810/MC. U.S. v. Scott E. HORTON. CCA 97-2110.

No. 99-0820/AF. U.S. v. Jerry G. BARKLEY. CCA 32848.

No. 99-0822/NA. U.S. v. Arturo MARIN. CCA 98-1653.

No. 99-0842/AR. U.S. v. Lonnie P. TURNER. CCA 9702038.

No. 99-0864/MC. U.S. v. Michael A. CHRISTIAN. CCA 98-1338.

No. 99-0874/AF. U.S. v. Henry P. JOHNSON Jr. CCA 33471.

No. 99-0880/AR. U.S. v. Omar J. WALKER. CCA 9600561.

No. 99-0881/AR. U.S. v. Seamus L. ROONEY. CCA 9801085.

No. 99-0884/MC. U.S. v. Martin E. CLOVER. CCA 98-0777.

No. 99-0887/AR. U.S. v. William M. SMITH. CCA 9800197.

No. 99-0889/AR. U.S. v. Amanda L. LONG. CCA 9900125.

No. 99-0891/AF. U.S. v. Keith A. BAKER. CCA 33244.

No. 99-0897/AF. U.S. v. Ernesto A. PACHECO. CCA S29631.

No. 99-0899/AF. U.S. v. Danielle R. VAUGHAN. CCA 33493.

No. 99-0900/AR. U.S. v. Terrance DAVIS. CCA 9801561.

No. 99-0904/AF. U.S. v. Earl S. SHARPE. CCA 33518.

No. 99-0909/NA. U.S. v. Jason L. HILL. CCA 98-2018.

No. 99-0921/AF. U.S. v. Robert J. HUBBLE II. CCA S29561.

No. 99-0923/AF. U.S. v. ALEJANDRO VASQUEZ. CCA S29693.

No. 99-0928/MC. U.S. v. Richard R. PHILLIPS. CCA 98-0758.

No. 99-0931/AF. U.S. v. Ethan C. SMITH. CCA S29655.

No. 99-0936/AF. U.S. v. Mark BYRAM. CCA S29664.

INTERLOCUTORY ORDERS

No. 99-0418/AR. U.S. v. Donald L. GARREN. CCA 9700732. Appellee's motion to extend time to file answer to final brief granted, but only up to and including November 8, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-006
Friday, October 08, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0026/AF. U.S. v. Robert A. BAKER. CCA S29643.

No. 00-0027/AF. U.S. v. Joseph P.R. RUIZ. CCA 33084.

INTERLOCUTORY ORDERS

No. 98-1131/AF. U.S. v. Donna M. NORFLEET. CCA S29280. Appellant's motion to postpone hearing granted.

    SULLIVAN, Judge (dissenting): I would deny the motion.

No. 99-0536/AF. U.S. v. Robert J. MONROE. CCA 32592. Appellee's motion to review sealed documents granted. Counsel representing appellee and appellant may review said documents in the docket room of the courthouse upon scheduling a time for such review and counsel shall ensure that only counsel are able to review said documents.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-007
Tuesday, October 12, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0028/AR. U.S. v. Angela L. JAMES. CCA 9701225.

No. 00-0029/AF. U.S. v. Juan L. NEGRON-LUGO. CCA S29669.

No. 00-0030/AF. U.S. v. Jeffrey D. BENINK. CCA 33715.

No. 00-0031/AF. U.S. v. Lonnie CRAFT III. CCA S29565.

No. 00-0032/NA. U.S. v. Joseph R. BRIDGERS. CCA 99-0058.

No. 00-0033/NA. U.S. v. Flozell A. NIPPER. CCA 99-0805.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-008
Wednesday, October 13, 1999

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0640/AR. U.S. v. Michael G. NEW. CCA 9600263. Review granted on the following issues:

I. WHETHER THE MILITARY JUDGE ERRED BY DENYING APPELLANT'S CAUSAL CHALLENGE AGAINST A COURT-MARTIAL MEMBER WHO PREVIOUSLY ORDERED A SUBORDINATE TO DEPLOY TO MACEDONIA.

II. WHETHER APPELLANT'S CONSTITUTIONAL AND STATUTORY RIGHTS TO BE TRIED BY COURT-MARTIAL MEMBERS AND TO HAVE THE MEMBERS DETERMINE WHETHER THE GOVERNMENT HAS PROVED EVERY ESSENTIAL ELEMENT OF THE CHARGED OFFENSE BEYOND A REASONABLE DOUBT WERE VIOLATED BECAUSE THE MILITARY JUDGE RULED THAT THE ORDER GIVEN TO APPELLANT WAS LAWFUL WITHOUT SUBMITTING THE ISSUE TO THE MEMBERS, AND BECAUSE THE MILITARY JUDGE INSTRUCTED THE MEMBERS THAT THE ORDER WAS LAWFUL AS A MATTER OF LAW.

III. WHETHER THE MILITARY JUDGE ERRED BY FINDING THAT THE ORDER TO DEPLOY IN THE UNITED NATIONS UNIFORM WAS LAWFUL.

IV. WHETHER THE MILITARY JUDGE ERRED BY AVOIDING THE QUESTION OF THE LAWFULNESS OF THE ORDER AND HOLDING THAT LAWFULNESS WAS A NONJUSTICIABLE POLITICAL QUESTION.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0708/AR. U.S. v. Thomas E. PIGUES, Jr. CCA 9700744.

No. 99-0871/NA. U.S. v. Lowell J. THOMAS. CCA 99-0436.

No. 99-0903/AF. U.S. v. Della C. VOGLE. CCA S29665.

No. 99-0934/NA. U.S. v. Corey L. CARTER. CCA 99-0494.

No. 99-0946/AF. U.S. v. Roland T. STEVENSON. CCA 33491.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0034/MC. U.S. v. Nathan D. COOPER. CCA 98-1743.

No. 00-0035/AF. U.S. v. Sandy T. KOIVU. CCA S29687.

No. 00-0036/AF. U.S. v. Troy M. BENEDICT. CCA 33550.

INTERLOCUTORY ORDERS

No. 98-0037/MC. U.S. v. Kevin M. HOLT. CCA 94-2003. Appellant's motion to extend time to file petition for reconsideration granted to October 20, 1999.

No. 98-1098/AR. U.S. v. Terry KELLEY. CCA 9600727. Appellee's motion to file answer to supplement to petition for grant of review out of time denied as moot.

No. 99-0788/AF. U.S. v. James M. ALLEN. CCA 32727. Appellee's motion to submit documents granted.

No. 99-0944/AR. U.S. v. Jeffery L. AYERS, Sr. CCA 9701847.

No. 99-0945/AR. U.S. v. David D. LUCERO. CCA 9801189.

    In each of the above two cases, appellant's motion to file supplement to petition for grant of review out of time granted.

No. 99-0953/AR. U.S. v. Rohan G.R. WILSON. CCA 9700659. To November 8, 1999.

No. 99-0967/AR. U.S. v. Murali S. KULATHUNGAM. CCA 9700340. To November 12, 1999.

    In each of the above two cases, appellant's motion to extend time to file supplement to petition for grant of review granted to date indicated.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-009
Thursday, October 14, 1999

APPEALS – SUMMARY DISPOSITIONS

No. 99-0743/MC. U.S. v. Eric A. BOYLAN. CCA 96-2377. The petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals is granted and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0743/MC. U.S. v. Eric A. BOYLAN. CCA 96-2377. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

MANDATES ISSUED

No. 98-0210/AR. U.S. v. Thomas G. BARRON. CCA 9501189.

No. 98-0581/MC. U.S. v. Mary Julia E. HAAGENSON. CCA 96-1296.

No. 98-0795/NA. U.S. v. Craig D. BROWNFIELD. CCA 93-1483.

No. 98-0837/AR. U.S. v. Paul E. WHITNER. CCA 9501034.

No. 98-0847/AR. U.S. v. Martez L. HENDERSON. CCA 9501435.

No. 98-0855/AR. U.S. v. David R. FORD. CCA 9601467

No. 98-0946/AR. U.S. v. Charles G. KNIGHT. CCA 9700322

No. 98-0998/AR. U.S. v. Jose M. MARTINEZ. CCA 9501957


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-010
Friday, October 15, 1999

APPEALS – SUMMARY DISPOSITIONS

No. 99-0478/NA. U.S. v. Jeffery G. PASSMORE. CCA 98-1418.

On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, we note that in the addendum to the post-trial recommendation, the staff judge advocate*/ included, as an attachment, a document that stated that appellant had not testified for the Government in the companion cases, thus implying that appellant had not complied with the terms of the pretrial agreement. While appellant had not so testified at the time the document was prepared, he subsequently did so.

Appellant’s trial defense counsel was not informed that this document would be forwarded to the convening authority as part of the addendum to the recommendation and, thus, was not able to correct the implied misinformation. We hold this document was "new matter" and therefore its use without notice was error. Under these facts, appellant has satisfied his low-threshold burden of demonstrating prejudice. See United States v. Catalani, 46 MJ 325 (1997); see also United States v. Chatman, 46 MJ 321 (1997). Accordingly, it is ordered that said petition is hereby granted on Issue I raised by appellate defense counsel. The decision of the United States Navy-Marine Corps Court of Criminal Appeals and the action of the convening authority are set aside. The record of trial is returned to the Judge Advocate General of the Navy for a new staff judge advocate recommendation and action. Following these proceedings, Articles 66(c) and 67(a), Uniform Code of Military Justice, 10 USC §§ 866(c) and 867(a) (1994), respectively, will apply. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
________________

*/ Although the recommendation is signed as Deputy Staff Judge Advocate, in fact the author was serving as staff judge advocate to the convening authority. See unpub. op. at 2.

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0478/NA. U.S. v. Jeffery G. PASSMORE. CCA 98-1418. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 99-0865/MC. U.S. v. Derrick D. JOHNSON. CCA 98-1524. Appellee’s motion to dismiss petition for grant of review granted.

    SULLIVAN, Judge (dissenting): I would deny the motion.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0037/AF. U.S. v. Timothy N. SANTILLAN-MILLER. CCA S29679.

No. 00-0038/NA. U.S. v. Antonio M. BOOKER. CCA 98-1940.

INTERLOCUTORY ORDERS

No. 99-0656/AR. U.S. v. Nicky A. THOMPSON. CCA 9600798.
Appellant's motion to extend time to file supplement to petition for grant of review granted to November 15, 1999.

No. 99-0826/AR. U.S. v. Albert WEATHERSBY. CCA 9500911.
Appellee's motion to file answer letter out of time granted.

No. 99-5005/AR. U.S. v. Audrey J. VALIGURA. CCA 9800225.
Appellant's motion for expedited oral argument denied.

MANDATES ISSUED

No. 97-0723/AR. U.S. v. Orlando C. JONES. CCA 9501462.

No. 97-0935/MC. U.S. v. Johnathan W. MITCHELL. CCA 95-2031.

No. 98-0321/AF. U.S. v. William J. VASSAR. CCA 32462.

No. 98-0949/NA. U.S. v. Timothy R. DOTY. CCA 97-0745.

No. 98-0952/AF. U.S. v. Billy LEE, Jr. CCA 32794.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-011
Monday, October 18, 1999

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0618/AR. U.S. v. McTyran T. LANIER. CCA 9700598. Review granted on the following issue raised by appellate defense counsel:

I. WHETHER THE COURT-MARTIAL LACKED JURISDICTION AND IS THEREFORE A NULLITY BECAUSE APPELLANT DID NOT PERSONALLY ELECT TO BE TRIED BY A PANEL OF OFFICER AND ENLISTED MEMBERS, EITHER ORALLY OR IN WRITING. and the following issue specified by the Court: II. WHETHER THE FAILURE OF THE MILITARY JUDGE TO DEFINE WRONGFULNESS DURING HIS INSTRUCTIONS ON FINDINGS IN CONNECTION WITH THE WRONGFUL AND WILLFUL DISCHARGE OF A FIREARM CHARGE UNDER ARTICLE 134 WAS PLAIN ERROR.     SULLIVAN, Judge (dissenting in part):

    I would deny as to Issue I. See my separate opinion in United States v. Turner, 47 MJ 348, 351 (1997).

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0039/AR. U.S. v. Arther L. BREWER. CCA 9701710.

No. 00-0040/AR. U.S. v. Hubert MONTGOMERY. CCA 9700687.

No. 00-0041/NA. U.S. v. Jason E. REITZ. CCA 99-0869.

INTERLOCUTORY ORDERS

No. 98-0947/AR. U.S. v. Jason L. ROCK. CCA 9700192. Appellant's motion to extend time to file petition for reconsideration granted to October 19, 1999.

No. 99-0256/AR. U.S. v. Michael R. ARMSTRONG. CCA 9601966. Appellee's motion to extend time to file answer to final brief granted to November 12, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-012
Tuesday, October 19, 1999

HEARINGS

No. 98-1039/NA. U.S. v. Kevin M. ROBERTS. CCA 97-0767.

No. 99-0288/AF. U.S. v. Ryan A. SMITH. CCA S29464.

No. 99-0313/NA. U.S. v. Allen B. PHILLIPS. CCA 97-1458.

No. 99-5002/CG. U.S. v. Joselito C. TUALLA. CCA 1079.

PETITIONS FOR GRANT OF REVIEW – OTHER SUMMARY DISPOSITIONS

No. 00-0017/AF. U.S. v. Christopher S. ZIZA. CCA 33129. Appellant’s motion to withdraw petition for grant of review granted.

PETITIONS FOR RECONSIDERATION DENIED

No. 99-0661/NA. U.S. v. Brian A. KOCH. CCA 98-0483. Appellant’s petition for reconsideration of the order of the Court issued on 15 September 1999 denied.

INTERLOCUTORY ORDERS

No. 93-7001/AR. U.S. v. Ronald A. GRAY. CCA 8800807. Appellee's third motion to extend time to file response to appellant's petition for reconsideration granted to October 20, 1999; appellee's motion to file brief in excess of fifty pages granted. The motion filed by Silas R. DeRoma to withdraw as counsel is denied without prejudice to counsel’s right to resubmit said motion on a subsequent date in view of counsel’s failure to notify the appellant.

No. 98-1071/AR. U.S. v. Willie L. VERTISON. CCA 9600303.

No. 99-0974/AR. U.S. v. Reinaldo MONTANEZ-PITRE. CCA 9701865.

    In each of the above two cases, appellant's motion to extend time to file supplement to petition for grant of review granted to November 18, 1999.

No. 99-0024/MC. U.S. v. William J. LAY. CCA 97-1542. Appellant's motion to extend time to respond to appellee's petition for reconsideration granted to November 11, 1999.

No. 99-0750/MC. U.S. v. Carl D. DAGNESE. CCA 97-0212. Appellee's motion to file answer to supplement to petition for grant of review out of time granted.

No. 99-0901/AR. U.S. v. Derrick E. PATTERSON. CCA 9800417. Appellant's motion to file supplemental matters pursuant to United States v. Grostefon, 12 MJ 431 (CMA 1982), denied.

No. 99-0925/MC. U.S. v. Charles M. KHO. CCA 98-1646. Appellee's motion to extend time to file answer to supplement to petition for grant of review granted to November 18, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-013
Wednesday, October 20, 1999

HEARINGS

No. 98-1129/AF. U.S. v. Troy D. HUGHES. CCA 32359.

No. 99-0094/AF. U.S. v. David R. HENLEY, Sr. CCA 32551.

No. 99-0318/AF. U.S. v. David WRIGHT, III. CCA 32731.

INTERLOCUTORY ORDERS

No. 97-0432/AR. U.S. v. Tereasa M. HICKS. CCA 9502205. Appellant's motion to correct errata granted.

No. 99-0511/AR. U.S. v. Sarveswara R. CHERUKURI. CCA 9601824. Appellee's motion to correct errata granted.

No. 99-0751/NA. U.S. v. Michael J. LANGE. CCA 98-1731. Appellant's motion to extend time to file final brief granted, but only up to and including November 22, 1999.

No. 99-0984/MC. U.S. v. Aaron J. FISHER. CCA 98-0943. Motion filed by MAJ Michael D. Tencate to withdraw as appellate counsel granted; appellee’s motion to withdraw government answer letter and substitute a new answer letter granted.

No. 99-5006/AR. U.S. v. Kier D. JACKSON. CCA 9700166. Appellant and cross-appellee’s motion to extend time to file supplement to petition for grant of review granted to November 22, 1999.

MANDATES ISSUED

No. 98-0270/AR. U.S. v. Charles F. ROTH. CCA 9600441.

No. 98-0301/MC. U.S. v. Shannon L. SCHLAMER. CCA 96-0212.

No. 98-0488/AR. U.S. v. Lawrence P. ROCKWOOD, II. CCA 9500872.

No. 98-0617/AR. U.S. v. Thomas D. MORRISON. CCA 9600461.

No. 98-0681/NA. U.S. v. Tyrone L. WELLS. CCA 96-1349.

No. 98-0873/MC. U.S. v. Bryan R. WRIGHT. CCA 97-0662.

No. 98-1061/AF. U.S. v. Gregory L. ROBBINS. CCA 32613

No. 99-5001/MC. U.S. v. Ronnie A. CURTIS. CCA 87-3856


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-014
Thursday, October 21, 1999

PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0802/AF. U.S. v. Jadey D. THOMAS. CCA 33530.

No. 99-0866/NA. U.S. v. Vincent CLAY. CCA 97-2001.

No. 99-0913/NA. U.S. v. Justin L. DEATON. CCA 99-0412.

No. 99-0914/AF. U.S. v. Cesear M. ENVERGA. CCA 33257.

No. 99-0916/AR. U.S. v. John R. GONZALEZ. CCA 9701740.

No. 99-0926/NA. U.S. v. Christopher M. SOTO. CCA 98-1032.

No. 99-0938/AF. U.S. v. Clifford A. JEFFRIES III. CCA 33660.

No. 99-0941/AF. U.S. v. Timothy MCKEEHAN. CCA 33627.

No. 99-0951/AF. U.S. v. Anthony R. MCINTIRE. CCA S29675.

No. 99-0958/AF. U.S. v. Reymund BELL. CCA S29677.

No. 99-0960/AF. U.S. v. Ramiro LOYA. CCA 33639.

No. 99-0992/AF. U.S. v. Andrew P. PADILLA. CCA S29698.

No. 99-0994/AF. U.S. v. Daniel E. HUGHES. CCA S29699.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0042/AR. U.S. v. Lorenzo L. MILLS. CCA 9701731.

No. 00-0043/NA. U.S. v. Jackie WATTS. CCA 99-0902.

No. 00-0044/NA. U.S. v. Erik M. KIRBY. CCA 99-0108.

MANDATES ISSUED

No. 98-0471/MC. U.S. v. Rodney O. MORRIS. CCA 96-1146.

No. 98-0497/NA. U.S. v. Charles W. DAVIS. CCA 96-0585.

No. 98-0910/MC. U.S. v. Felix G. FOGG. CCA 96-1958.

No. 98-1002/MC. U.S. v. Kevin BIRGE. CCA 97-0430.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-015
Friday, October 22, 1999

APPEALS – SUMMARY DISPOSITIONS

No. 97-1172/AF. U.S. v. Jeffrey A. FUQUA. CCA 32496.   On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, on further review, it is ordered that said petition is hereby granted and that the decision of the United States Air Force Court of Criminal Appeals, on further review, is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 97-1172/AF. U.S. v. Jeffrey A. FUQUA. CCA 32496. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

No. 99-0681/AR. U.S. v. Rogelio PABLO. CCA 9700481 Review granted on the following issue:

WHETHER THE MILITARY JUDGE'S ABUSE OF DISCRETION BY ALLOWING MS. MYRA EARLS TO TESTIFY REGARDING THE OUT-OF-COURT STATEMENTS OF ERIN BELLMAN UNDER THE RESIDUAL HEARSAY EXCEPTION, MIL. R. EVID. 803(24), WAS NOT HARMLESS ERROR BEYOND A REASONABLE DOUBT, DUE TO ITS SUBSTANTIAL INFLUENCE ON THE PANEL MEMBERS' FINDINGS WHERE THE GOVERNMENT'S CASE WAS NOT STRONG AND WHERE THE PANEL MEMBERS DID NOT CONVICT APPELLANT OF THE CHARGED OFFENSE. No. 99-0764/NA. U.S. v. Darwinn DAVIS. CCA 97-1012 Review granted on the following issue: WHETHER THE TRIAL JUDGE ERRED BY FAILING TO GIVE AN INSTRUCTION SUA SPONTE ON THE DEFENSE OF ACCIDENT OR A LESSER-INCLUDED INSTRUCTION ON NEGLIGENT HOMICIDE. No. 99-0832/AF. U.S. v. Stephanie L. SOUTHWICK. CCA 32667. Review granted on the following issues: I. WHETHER IT WAS PLAIN ERROR TO ALLOW THE INTRODUCTION OF TESTIMONY THAT THE PROSECUTION'S SOLE WITNESS TO THE ALLEGED OFFENSES UNDERTOOK AN OSI POLYGRAPH.

II. WHETHER IT WAS PLAIN ERROR FOR THE MILITARY JUDGE, AFTER HEARING APPELLANT'S UNSWORN STATEMENT WHEREIN SHE DETAILED THE PRETRIAL PUNISHMENT TO WHICH SHE HAD BEEN SUBJECTED, TO NOT ADDRESS THIS ISSUE AND GRANT ADDITIONAL CONFINEMENT CREDIT.

No. 99-0911/MC. U.S. v. Douglas A. ANDERSON. CCA 97-0058. Review granted on the following issue: WHETHER THE LOWER COURT ERRED IN NOT FINDING THAT THE CHIEF OF STAFF'S APPENDED NOTE TO THE STAFF JUDGE ADVOCATE'S RECOMMENDATION CONSTITUTED "NEW MATTER" NECESSITATING COUNTERVAILING COMMENTARY BY DEFENSE COUNSEL AS REQUIRED BY RCM 1106(f)(7). No. 99-0912/NA. U.S. v. Aaron P. PRITT. CCA 98-1660. Review granted on the following issue: WHETHER THE LOWER COURT ERRED IN FINDING THAT THE EFFECTIVE DATE OF THE AMENDMENT TO ARTICLE 95, UCMJ, WAS FEBRUARY 10, 1996, WHEN THE PRESIDENT'S EXPRESS DIRECTION IN EXECUTIVE ORDER 13086, WHICH MADE THE OFFENSE OF FLEEING APPREHENSION PUNISHABLE, SPECIFICALLY STATES THAT "NOTHING CONTAINED IN THESE AMENDMENTS SHALL BE CONSTRUED TO MAKE PUNISHABLE ANY ACT DONE OR OMITTED PRIOR TO JUNE 26, 1998, WHICH WAS NOT PUNISHABLE WHEN DONE OR OMITTED." No. 99-0915/MC. U.S. v. Noel A. PINEDA. CCA 98-1659. Review granted on the following issues: I. WHETHER THE LOWER COURT ERRED IN AFFIRMING THE MILITARY JUDGE'S DECISION NOT TO INQUIRE INTO APPELLANT'S UNDERSTANDING OF THE RAMIFICATIONS OF HIS REQUEST FOR A BAD-CONDUCT DISCHARGE.

II. WHETHER THE LOWER COURT ERRED IN NOT FINDING THAT THE TRIAL DEFENSE COUNSEL'S ERROR MATERIALLY PREJUDICED APPELLANT'S SUBSTANTIAL RIGHTS WHERE HE ARGUED THAT A DISCHARGE WAS APPROPRIATE EVEN THOUGH APPELLANT HAD NOT REQUESTED IT.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 99-0660/MC. U.S. v. Samuel C. WALKER. CCA 98-0154.

No. 99-0772/NA. U.S. v. Gerald L. KOCH. CCA 89-2305.

No. 99-0777/AR. U.S. v. Ronald S. HALL. CCA 9800733.

No. 99-0834/AR. U.S. v. Russell E. MYERS. CCA 9701025.

No. 99-0854/NA. U.S. v. Michael H. JOHNSON. CCA 98-2139.

No. 99-0882/NA. U.S. v. Charles K. WINSTON. CCA 98-0411.

No. 99-0917/AF. U.S. v. Stephanie M. CONE. CCA S29520.

No. 99-0927/AR. U.S. v. Vernell INGRAM, Jr. CCA 9900096.

No. 99-0933/AF. U.S. v. Brian J. HOFFMAN. CCA 33628.

No. 99-0935/MC. U.S. v. Maxwell G. REID. CCA 98-0032.

No. 99-0947/NA. U.S. v. Jeffrey D. CAUGHEY. CCA 98-1828.

No. 99-0948/AR. U.S. v. Joe J. MACIAS. CCA 9800404.

No. 99-0957/AF. U.S. v. Richard C. BALL. CCA S29632.

No. 99-0964/NA. U.S. v. Kristopher J. GREGOIRE. CCA 99-0589.

No. 99-0968/AR. U.S. v. Jarrod A. CAROZZA. CCA 9701519.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0045/NA. U.S. v. Patrick T. LONER. CCA 99-0866.

No. 00-0046/NA. U.S. v. Kieran A. IRVING. CCA 99-0851.

No. 00-0047/AF. U.S. v. Michael M. ADAMS. CCA 33714.

No. 00-0048/AF. U.S. v. Steven M. COOLIDGE. CCA S29694.

No. 00-0049/AF. U.S. v. Brian L. FAGER. CCA 33274.

No. 00-0050/AF. U.S. v. Aaron W. LANG. CCA 33749.

No. 00-0051/AF. U.S. v. Cameron D. LITTMON, Jr. CCA 33551.

No. 00-0052/AF. U.S. v. Kevin A. MILLER. CCA 33740.

INTERLOCUTORY ORDERS

No. 99-0640/AR. U.S. v. Michael G. NEW. CCA 9600263. Appellee's motion to file brief in excess of fifty pages granted.

No. 99-0983/AR. U.S. v. Kevin E. BROWN. CCA 9701539.

No. 99-0988/AR. U.S. v. Michael J. WILLIAMS. CCA 9700228.

    In each of the above two cases, appellant's motion to extend time to file supplement to petition for grant of review granted to November 22, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-016
Monday, October 25, 1999

RULES ADVISORY COMMITTEE ORDER

Pursuant to Rule 45 of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, the following persons whose terms were to expire on September 30, 1999 are hereby reappointed to the Rules Advisory Committee for a term expiring on September 30, 2002:

Mark J. Biros, Esq.
Prof. Mary M. Cheh
Paul J. Larkin, Jr., Esq.
Colonel James A. Young, USAF

The following members, whose terms expire on the dates indicated below, remain on the Rules Advisory Committee:

To expire September 30, 2000:

Hon.Joseph H. Baum
John F. DePue, Esq.
Joseph A. Neurauter, Esq.

To expire September 30, 2001:

Col. William S. Fulton, Jr., JAGC, USA (Ret.)
Prof. Steven H. Goldblatt, Chair
Kenneth S. Geller, Esq.
Dwight H. Sullivan, Esq.

Commander Richard W. Bagley, JAGC, USN, is hereby appointed to replace Captain Carol J. Cooper, JAGC, USN, who has submitted her resignation from this Committee due to her transfer to a new overseas assignment. Commander Bagley’s term will expire on September 30, 2000.

Thomas F. Granahan, Clerk of the Court, is ex officio a member of the Committee and serves as its Reporter.

The Court expresses its deep appreciation to Captain Cooper for her outstanding service as a member of the Rules Advisory Committee.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0053/NA. U.S. v. Gwendolyn D. LITTLE. CCA 99-0415.

No. 00-0054/AF. U.S. v. Jonah P. STREFF. CCA 33292.

No. 00-0055/AF. U.S. v. Kristopher S. KUDLA. CCA S29682.

No. 00-0056/AF. U.S. v. Tracy L. GILLETT. CCA S29667.

No. 00-0057/AF. U.S. v. William J. FLOYD. CCA 33587.

No. 00-0058/AF. U.S. v. John R. DIPIERNO. CCA 33604.

INTERLOCUTORY ORDERS

No. 99-0131/MC. U.S. v. Darryl A. ANTLE. CCA 97-1026.
Appellant's motion to substitute attachment to supplement to petition for grant of review granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-017
Tuesday, October 26, 1999

HEARINGS

No. 98-0940/AR. U.S. v. Michael D. SPRIGGS. CCA 9601685.

No. 98-0999/AR. U.S. v. Roger D. EVERSOLE. CCA 9600466.

No. 98-1118/NA. U.S. v. Michael CARDREON. CCA 97-0015.

APPEALS – SUMMARY DISPOSITIONS

No. 99-0924/AF. U.S. v. Stacie E. YOUNGBLOOD. CCA 31617. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, 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.]

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0683/NA. U.S. v. Ricky W. BAUR. CCA 96-2110. Review granted on the following issue:

WHETHER THE LOWER COURT ERRED BY FINDING THAT THE MILITARY JUDGE DID NOT ABUSE HIS DISCRETION IN EXCLUDING EVIDENCE OF THE POTENTIAL LOSS OF RETIREMENT BENEFITS AND OF THE EMOTIONAL IMPACT APPELLANT WOULD SUFFER IF A PUNITIVE DISCHARGE WERE ADJUDGED. No. 99-0770/AF. U.S. v. Mark A. STEVENS. CCA 32733. Review granted on the following issues: I. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ABUSED ITS DISCRETION IN UPHOLDING THE MILITARY JUDGE'S DECISION IN ADMITTING STATEMENTS THAT APPELLANT MADE TO DRS. (LT COL) THADDEUS OZIMEK AND (MAJ) THOMAS ANDERSON IN VIOLATION OF THE "PSYCHOTHERAPIST-PATIENT PRIVILEGE."

II. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ABUSED ITS DISCRETION IN UPHOLDING THE MILITARY JUDGE'S DENIAL OF THE DEFENSE MOTION TO EXCLUDE THE TESTIMONY OF THE MILITARY DOCTORS.

No. 99-0924/AF. U.S. v. Stacie E. YOUNGBLOOD. CCA 31617. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

PETITIONS FOR GRANT OF REVIEW DENIED

No. 98-0017/AF. U.S. v. Darryl T. WERTS. CCA 32417.

    Judge Effron did not participate in the Court’s prior action on this case. See 48 MJ 415 (1998). The case is now before the Court in a manner that does not require determination of the constitutionality under the Ex Post Facto Clause of the amendments to Title 10, United States Code, made by the National Defense Authorization Act for Fiscal Year 1996, Pub.L.No. 104-106, 110 Stat. 462-63 (1996). Accordingly, Judge Effron has participated in the present matter and will participate in any further proceedings on this case.

No. 99-0826/AR. U.S. v. Albert WEATHERSBY. CCA 9500911.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0059/MC. U.S. v. Kenneth J. SICKO. CCA 99-0969.

INTERLOCUTORY ORDERS

No. 98-0322/AR. U.S. v. Frederick J.B. JONES. CCA 9700692. On consideration of the petition for grant of review filed on September 21, 1999, under Article 67(a), UCMJ, 10 USC § 867(a)(1994), which was docketed under Docket Number 99-0989/AR, it now appears that said petition is in fact a third petition for grant of review of the decision of the United States Army Court of Criminal Appeals and that this case was earlier filed under Docket Number 98-0322/AR. The original docket number is the appropriate designation for the present filing in this case. Accordingly, it is ordered that Docket Number 98-0322/AR be forthwith assigned to this filing; that the Docketing Notice of September 21, 1999 is amended to reflect the original Docket Number; and that Docket Number 99-0989/AR, be removed from this case and will not be reassigned.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-018
Wednesday, October 27, 1999

HEARINGS

No. 96-1157/AR. U.S. v. Joseph K. AVERY, Jr. CCA 9500062.

No. 98-1023/AR. U.S. v. Keith HENRY. CCA 9402015.

No. 99-0069/NA. U.S. v. Carlos L. GUZMAN. CCA 97-0293.

No. 99-0242/MC. U.S. v. Wayne E. BURTON. CCA 98-0805.

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0844/MC. U.S. v. Keith R. PAALUHI. CCA 97-0321. Review granted on the following issues:

I. WHETHER THE LOWER COURT ERRED WHEN IT CONCLUDED THAT THE SUPREME COURT'S RECOGNITION OF A FEDERAL PSYCHOTHERAPIST-PATIENT PRIVILEGE DOES NOT APPLY TO THE MILITARY.

II. WHETHER THE LOWER COURT ERRED WHEN IT FOUND EFFECTIVE ASSISTANCE OF COUNSEL WHERE TRIAL DEFENSE COUNSEL ADVISED APPELLANT THAT HIS COMMUNICATIONS WITH A PSYCHOTHERAPIST WOULD BE PRIVILEGED UNDER JAFFEE V. REDMOND.

III. WHEN A RECORDED STATEMENT IS ADMITTED INTO EVIDENCE, SHOULD THE MEMBERS BE ALLOWED TO LISTEN OR VIEW THE RECORDING AGAIN DURING THEIR CLOSED DELIBERATIONS? DID THE LOWER COURT ERR WHEN IT FOUND THAT IT WAS PERMISSIBLE FOR THE MILITARY JUDGE TO ALLOW THE MEMBERS TO VIEW A VIDEOTAPED INTERVIEW OF THE ALLEGED VICTIM DURING DELIBERATIONS?

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0060/AF. U.S. v. Blue U. CHEN. CCA 33544.

No. 00-0061/AF. U.S. v. Irvin O. DRUMMER, III. CCA 33738.

No. 00-0062/AF. U.S. v. Eugene J. REIF. CCA S29696.

INTERLOCUTORY ORDERS

No. 99-0982/AR. U.S. v. Jorge L. JOLY. CCA 9701546.
Appellant's motion to extend time to file supplement to petition for grant of review granted to November 22, 1999.

No. 99-0993/AF. U.S. v. Michael L. LAMB. CCA 33678.
Appellant's motion to submit documents granted to the extent that it pertains to appellant’s declaration and memorandum but denied as to the attached documents; appellee’s motion to strike issue denied.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-019
Thursday, October 28, 1999

HEARINGS

No. 98-1140/MC. U.S. v. Curtis A. TAYLOR. CCA 97-0508.

No. 99-0052/NA. U.S. v. Dudley C. WILLIAMS. CCA 97-0227.

No. 99-0271/MC. U.S. v. Jerrimaine C. RAMSEY. CCA 98-0007.

No. 99-0292/MC. U.S. v. Michael S. STOFFER. CCA 97-1326.

No. 99-0300/MC. U.S. v. Gehiser A. NAJERA. CCA 98-0155.

ORDERS GRANTING PETITION FOR REVIEW

No. 99-0744/AR. U.S. v. Francis L. FRELIX-VANN. CCA 9701014. Review granted on the following issue:

WHETHER THE SPECIFICATION OF CHARGE I, LARCENY, IS A LESSER INCLUDED OFFENSE OF THE SPECIFICATION OF CHARGE II, CONDUCT UNBECOMING AN OFFICER BY COMMITTING LARCENY, AND IS THEREFORE MULTIPLICIOUS.
PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0063/NA. U.S. v. Glenn D. LEHMAN. CCA 98-1394.

No. 00-0064/AR. U.S. v. David W. GINN. CCA 98-1509.

INTERLOCUTORY ORDERS

No. 98-1089/AR. U.S. v. Sean G. GRIGORUK. CCA 9600949. Appellant's motion to extend time to file reply brief granted, but only up to and including November 19, 1999.

No. 99-0417/AR. U.S. v. Samuel G. BROWNING. CCA 9601041.
Appellant's motion to extend time to file final brief granted, but only up to and including November 22, 1999.

No. 99-0547/AR. U.S. v. Paul E. GRIER. CCA 9700651. Appellee's second motion to extend time to file answer to final brief granted, but only up to and including November 9, 1999.

No. 99-0803/NA. U.S. v. Frederick L. COZART. CCA 97-1396. Appellant's motion to extend time to file reply granted to November 1, 1999; appellant's motion to amend pleading granted.

No. 99-1005/MC. U.S. v. Gerald C. RYLANDER. CCA 98-1282. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 26, 1999.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-020
Friday, October 29, 1999

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0065/AF. U.S. v. Lawrence W. CHANDLER II. CCA 33709.

No. 00-0066/AF. U.S. v. Marc A. MCCOMAS. CCA 33661.

No. 00-0067/AF. U.S. v. Thomas B. SELF. CCA 33719.

No. 00-0068/AR. U.S. v. Derrick D. JACKSON. CCA 9800670.

MANDATES ISSUED

No. 98-0064/AF. U.S. v. Scott E. FALK. CCA 32456.


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