UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-181
Monday, July 03, 2000

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0563/AR. U.S. v. Matthew E. SCOTT. CCA 9701738.

No. 00-0564/AR. U.S. v. Steffon E. ROBERTS. CCA 9801007.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-182
Wednesday, July 05, 2000

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0565/NA. U.S. v. Michael A. MENDOZA. CCA 9801627.

No. 00-0566/MC. U.S. v. Juan C. CHAVEZJORDAN. CCA 9801064.

INTERLOCUTORY ORDERS

No. 99-0995/AR. U.S. v. Lowell L. MCGEE. CCA 9700480. Appellant’s second motion to extend time to file supplement to petition for grant of review granted, but only up to and including July 17, 2000; absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 00-8015/NA. U.S. v. Kenneth J. NICHOLS. CCA 20000817. Appellee's motion to extend time granted to July 14, 2000.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-183
Thursday, July 06, 2000

APPEALS - SUMMARY DISPOSITIONS

No. 99-0515/AR. U.S. v. Bradford M. GOSNEY. CCA 9700653. On consideration of the granted issues in this case (52 MJ 435), in light of United States v. Grier, 53 MJ 30 (2000), it is ordered that the decision of the United States Army Court of Criminal Appeals is affirmed.

No. 99-0580/AF. U.S. v. Craig J. FANGUY, Jr. CCA S29419. On consideration of the granted and specified issues in this case (52 MJ 435), in light of United States v. Augustine, 53 MJ 95, 96 (2000), and United States v. Sapp, 53 MJ 90, 93 (2000), it is ordered that the specification of Charge I is amended to read as follows:

In that SENIOR AIRMAN CRAIG J. FANGUY, JR.,
United States Air Force, 5th Communications
Squadron, Minot Air Force Base, North Dakota, did, at Minot Air Force Base, North Dakota, on or about 9 May 1996, wrongfully and knowingly possess three or more visual
depictions, each of which depicted minors
engaging in sexually explicit conduct.
and that the decision of the United States Air Force Court of Criminal Appeals as to Charge I and its specification as so amended and as to Charge II and its specification and the sentence is affirmed.

SULLIVAN, Judge (concurring in part and dissenting in part):

    I concur in part and dissent in part. See United States v. Augustine, 53 MJ 95, 96 (2000) (Sullivan, J., concurring in part and dissenting in part) and United States v. Sapp, 53 MJ 90, 93 (2000) (Sullivan, J., concurring in part and dissenting in part).

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0128/NA. U.S. v. Juan J. TORRES. CCA 98-1961.

No. 00-0272/AR. U.S. v. Junior S. PHILLIP. CCA 9700398.

No. 00-0292/AF. U.S. v. Shane A. WALKER. CCA 33477.

No. 00-0430/AR. U.S. v. Robert M. DOUGLAS. CCA 9900495.

No. 00-0432/AR. U.S. v. Tony R. POLICE. CCA 9801669.

No. 00-0436/AF. U.S. v. Michael E. MCMANIS. CCA 33753.

No. 00-0438/AF. U.S. v. Robert A. SAMPERA. CCA 33813.

No. 00-0447/AR. U.S. v. Jean W. MUSEAU. CCA 9901014.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-184
Friday, July 07, 2000

APPEALS - SUMMARY DISPOSITIONS

No. 00-0219/NA. U.S. v. Cedric E. DANNS. CCA 98-1719. 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 appellant was convicted of desertion which commenced on March 13, 1978, and terminated by surrender on June 11, 1998. Appellant was sentenced on July 16, 1998. The court below held that the 14-day rule of the amended version of Article 57(a), Uniform Code of Military Justice, 10 USC 857(a), effective April 1, 1996, lawfully applied to this case, citing United States v. Carter, 49 MJ 393 (1998). However, Carter involved continuing offenses. The instant case only involves desertion, which is not a continuing offense. See United States v. Mallard, 19 USCMA 457, 458, 42 CMR 59, 60 (1970). Thus, the instant offense occurred prior to the effective date of the amendment to Article 57(a), so the amendment cannot apply to this case. See United States v. Thrash, 49 MJ 22 (1998). Accordingly, it is ordered that the petition for grant of review is granted on Issue II raised by appellate defense counsel; and that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed as to result only. Execution of the forfeitures prior to the date of the convening authority’s action is hereby declared to be without legal effect. Any forfeitures collected prior to that date will be restored. The record of trial is returned to the Judge Advocate General of the Navy for appropriate action. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0203/AF. U.S. v. Daniel R. DEWRELL. CCA 33085. Review granted on the following issues:
 

I. WHETHER APPELLANT WAS DENIED EFFECTIVE   ASSISTANCE OF COUNSEL GUARANTEED BY THE 6TH AMENDMENT OF THE CONSTITUTION.

II. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY REFUSING TO ALLOW ANY DEFENSE VOIR DIRE QUESTIONS CONCERNING THE MEMBERS' PRIOR INVOLVEMENT IN ANY CHILD
ABUSE CASES AND POSSIBLEPRECONCEIVED NOTIONS REGARDING USE OF FORCE AND FABRICATION WHEN ALLEGATIONS OF SEXUAL MISCONDUCT INVOLVE TEEN AND PRETEEN AGE GIRLS.

III. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT IN UPHOLDING THE MILITARY JUDGE'S ERRONEOUS ADMISSION OF UNCHARGED OTHER SEXUAL MISCONDUCT UNDER M.R.E. 404(b), 413 AND 414.

No. 00-0219/NA. U.S. v. Cedric E. DANNS. CCA 98-1719. [See also APPEALS - SUMMARY DISPOSITION this date.]

No. 00-0302/NA. U.S. v. Carlos M. NORRIS. CCA 98-1311. Review granted on the following issues:

I. WHETHER THE MILITARY JUDGE ERRED BY ADMITTING IMPROPER OPINION TESTIMONY REGARDING A DIAGNOSIS OF POST-TRAUMATIC STRESS DISORDER.

II. WHETHER THE MILITARY JUDGE ERRED BY ADMITTING STATEMENTS MADE BY APPELLANT TO THE FATHER OF THE ALLEGED VICTIM, WHERE THOSE STATEMENTS WERE OBTAINED IN VIOLATION OF ARTICLE 31(b), UCMJ.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0567/AR. U.S. v. Christopher G. PENCE. CCA 9800589.

No. 00-0568/NA. U.S. v. Christopher T. PRUTER. CCA 99-0748.

INTERLOCUTORY ORDERS

No. 93-7001/AR. U.S. v. Ronald A. GRAY. CCA 8800807. Motions filed by Michael A. Egan and Silas R. DeRoma to withdraw as defense counsel and it appearing that the case is no longer pending before the Court as the second petition for reconsideration was denied on June 26, 2000, it is ordered that said motions are hereby denied without prejudice to the aforementioned counsels’ right to apply for release from competent authority.

No. 99-0953/AR. U.S. v. Rohan G.R. WILSON. CCA 9700659. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including July 24, 2000; absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 99-5005/AR. United States, appellant and cross-appellee, v. Audrey J. VALIGURA, appellee and cross-appellant. CCA 9800225. Cross-appellant’s motion to extend time to file supplement to cross-petition for grant of review granted up to July 31, 2000.

No. 00-0327/NA. U.S. v. Miguel E. INONG. CCA 98-1667. Appellee's motion to extend time to file petition for reconsideration granted to July 10, 2000.

No. 00-0424/AR. U.S. v. Emmet U. ALLEN. CCA 9701466. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including July 24, 2000; absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 00-0489/MC. U.S. v. Juan C. CARRILLO. CCA 99-0334. Appellee's motion to dismiss appellant's petition for grant of review denied.

No. 00-5003/AF. U.S. v. Leslie D. RILEY. CCA 32183. Appellee's motion to insert table of contents and authorities and corrected page granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-185
Monday, July 10, 2000

HEARINGS

No. 00-0109/AF. U.S. v. Eddie L. CHANEY. CCA S29638.*/

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0227/NA. U.S. v. Shawn M. PROMIN. CCA 98-0929. Review granted on the following issue: **/

WHERE THE COURT-MARTIAL'S SENTENCE DID NOT INCLUDE FINES OR FORFEITURES, DOES THE ADDITIONAL PUNISHMENT OF FORFEITURES BY OPERATION OF ARTICLE 58b, UCMJ, VIOLATE THE DOUBLE JEOPARDY CLAUSE OF THE UNITED STATES CONSTITUTION? No. 00-0271/AR. U.S. v. Andrew A. SZENTMIKLOSI. CCA 9701049. Review granted on the following issue: WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRONEOUSLY FOUND THAT ROBBERY IS PREEMINENTLY A CRIME OF VIOLENCE AGAINST A PERSON, AND IN CRIMES OF VIOLENCE THE PERMISSIBLE UNIT OF PROSECUTION IS THE NUMBER OF VICTIMS (PERSONS) ASSAULTED, RATHER THAN THE NUMBER OF LARCENIES COMMITTED. No. 00-0458/MC. U.S. v. DeAngelo G. WARD. CCA 99-0511. Review granted on the following issue: WHETHER THE COURT OF CRIMINAL APPEALS 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 THE EXECUTIVE ORDER NO. 10386, 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." _____

*/ Hearing held at the Great Hall of the Association of the Bar of the City of New York, 42 West 44th Street, New York, New York, as part of the Court’s "Project Outreach" Program.

**/ Judge Effron did not participate.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0398/AR. U.S. v. Brandon J. NICHOLS. CCA 9900137.

No. 00-0417/AF. U.S. v. Charles W. MUMPOWER. CCA 33873.

No. 00-0420/AR. U.S. v. Justin W. SIMMONS. CCA 9900610.

No. 00-0433/AF. U.S. v. John G. HIGGINBOTHAM. CCA 33864.

No. 00-0442/AR. U.S. v. Bryan M. CASE. CCA 9900894.

No. 00-0451/AR. U.S. v. Chester R. HILL. CCA 9900701.

No. 00-0454/AF. U.S. v. Shavares R. PETTWAY. CCA 33697.

No. 00-0455/AF. U.S. v. Julius D. HUDSON, Jr. CCA S29689.

No. 00-0457/AF. U.S. v. Matthew F. DUNLAP. CCA 33913.

No. 00-0460/AF. U.S. v. Derrick J. WARD. CCA 33814.

No. 00-0465/AR. U.S. v. Johnessa D. BASS. CCA 9900170.

No. 00-0479/AR. U.S. v. Andrew W. FISH. CCA 9900320.

No. 00-0497/AR. U.S. v. James D. GUNTON. CCA 9900351.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0569/AF. U.S. v. Jason J. BOLTON. CCA 33943.

No. 00-0570/AF. U.S. v. Donyell D. NEVELS. CCA S29744.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-186
Tuesday, July 11, 2000

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0571/MC. U.S. v. Joshua D. CONWAY. CCA 98-1766.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 00-8016/NA. U.S. v. Michael P. PALAAN. CCA 96-2041. Writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for extraordinary relief was filed and placed on the docket this date. Appellee will file an answer on or before July 21, 2000.

INTERLOCUTORY ORDERS

No. 00-0252/AR. U.S. v. John C. MCALLISTER. CCA 9601134. Appellant's motion to submit additional matters pursuant to United States v. Grostefon, 12 MJ 431 (CMA 1982), granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-187
Wednesday, July 12, 2000

CERTIFICATES FOR REVIEW FILED

No. 00-5010/MC. U.S. v. Terrence D. L. STERNE. CCA 99-0823. The Judge Advocate General, United States Navy, requests that action be taken with respect to the following issue:

WHETHER THE LOWER COURT ERRED IN FINDING THE EVIDENCE LEGALLY INSUFFICIENT TO PERMIT THE FACTFINDER TO INFER THE ACCUSED’S KNOWING AND WRONGFUL USE OF MARIJUANA AND METHAMPHETAMINE WHERE UNITED STATES v. CAMPBELL STATED IT DID NOT CREATE NEW LAW AND WHERE THE EVIDENCE PRESENTED AT TRIAL WAS AT LEAST THE SAME QUANTUM OF EVIDENCE THIS COURT PREVIOUSLY FOUND LEGALLY SUFFICIENT IN NUMEROUS PRE-CAMPBELL CASES.
PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0572/AF. U.S. v. Kent D. NESSETH. CCA 33375.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-188
Thursday, July 13, 2000

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0573/AR. U.S. v. Steve A. HOLLOWAY. CCA 9700793.

No. 00-0574/CG. U.S. v. Darrell R. STIREWALT. CCA 1098.

No. 00-0575/AR. U.S. v. Chrissandra V. MARBURY. CCA 9700371.

No. 00-0576/AR. U.S. v. Neville W. PARKER. CCA 9900414.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-189
Friday, July 14, 2000

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0577/AR. U.S. v. Nura L. SALES. CCA 9602005.

No. 00-0578/AR. U.S. v. Robert M. SUNDBERG. CCA 9901148.

No. 00-0579/AR. U.S. v. Joshua B. SMITH. CCA 9801026.

No. 00-0580/AF. U.S. v. Ericke J. WONG. CCA 33979.

No. 00-0581/AF. U.S. v. Edwin K. HERRON. CCA 33880.

No. 00-0582/AF. U.S. v. Theosis BENNETT. CCA 33794.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 00-8014/NA. United States, appellee, v. Brent GROOVER, appellant. CCA 200000479. Writ-appeal petition and motion for stay of proceedings, motion is denied and writ appeal petition is denied without prejudice to appellant’s right to raise the matter asserted in the writ appeal petition before a military judge if the charges are referred to a court-martial.

INTERLOCUTORY ORDERS

No. 00-0501/AR. U.S. v. Thomas A. JOYCE, Jr. CCA 9800569. Appellant's motion to extend time to file supplement to petition granted to August 10, 2000.

No. 00-0504/AF. U.S. v. Jeremy L. THEGE. CCA 33345. Appellant's motion for enlargement of time to file supplement to petition for grant of review granted to August 11, 2000.

MANDATES ISSUED

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


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-190
Monday, July 17, 2000

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0583/AR. U.S. v. Kevin E. SHAW. CCA 9900179.

No. 00-0584/AR. U.S. v. Jose A. REYES. CCA 9800420.

No. 00-0585/AR. U.S. v. Daniel WALKER, Jr. CCA 9801312.

No. 00-0586/NA. U.S. v. Michael P. PALAAN. CCA 96-2041.

No. 00-0587/AF. U.S. v. Miguel A. VILLALOBOS. CCA S29719.

No. 00-0588/AF. U.S. v. Jacob L. ROTHENBERG. CCA 33692.

No. 00-0589/AF. U.S. v. Charles A. PYEATTE. CCA 33958.

No. 00-0590/AF. U.S. v. Kevin J. McWHIRT. CCA 33885.

No. 00-0591/AF. U.S. v. Peder M. BOWERS. CCA S29757.

INTERLOCUTORY ORDERS

No. 99-0504/AR. U.S. v. Rob W. ROBERTS. CCA 9600785. Appellant's motion to correct errata granted.

No. 00-0271/AR. U.S. v. Andrew A. SZENTMIKLOSI. CCA 9701049. Appellant's motion to extend time to file final brief granted to September 22, 2000.

No. 00-0301/MC. U.S. v. Glenn E. HURN. CCA 98-0200. Appellant's motion to supplement appellant's supplement to petition for grant of review denied.

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

No. 00-0486/CG. U.S. v. Lawrence BROWN. CCA 1105. Motion filed by Lieutenant Sandra Selman to withdraw as appellate defense counsel granted.

No. 00-5002/CG. U.S. v. Thomas O. ARMSTRONG. CCA 1076. Motion filed by Lieutenant Sandra Selman to withdraw as appellate defense counsel granted.

No. 00-0510/AR. U.S. v. Melvin ROBINSON, III. CCA 9701489. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 14, 2000.

No. 00-0555/AF. U.S. v. Timothy S. WHITNEY. CCA 32807. Appellant's motion to file brief in excess of fifty pages granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-191
Tuesday, July 18, 2000

INTERLOCUTORY ORDERS

No. 00-0313/MC. U.S. v. Timothy A. HOHN. CCA 98-1262. Appellant's motion for leave to file an additional reason for grant of review denied.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-192
Wednesday, July 19, 2000

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0268/MC. U.S. v. Nolan P. GREEN. CCA 99-0162. Review granted on the following issues:

I. WHETHER THE LOWER COURT ERRED BY IGNORING THIS COURT'S DECISION IN UNITED STATES V. CAMPBELL, 50 M.J. 154 (1999), AS BINDING PRECEDENT.

II. WHETHER APPELLANT'S CONVICTION FOR WRONGFUL USE OF COCAINE WAS FACTUALLY AND LEGALLY INSUFFICIENT BECAUSE THE PROSECUTION FAILED TO ESTABLISH THE PREDICATE FACTS NECESSARY TO SUSTAIN A PERMISSIVE INFERENCE.

III. WHETHER THE LOWER COURT'S DECISION TO AFFIRM APPELLANT'S CONVICTION FOR WRONGFUL USE OF COCAINE, WITHOUT EXPERT TESTIMONY CONCERNING THE PHYSIOLOGICAL EFFECTS, VIOLATED THE DUE PROCESS CLAUSE.

No. 00-0336/AF. U.S. v. Thomas J. VANKLEEF. CCA 33726. Review granted on the following issue: WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN THEIR DUTY UNDER ARTICLES 66(a) AND 66(c), U.C.M.J., TO PROPERLY REVIEW APPELLANT'S CASE WHEN ONLY TWO JUDGES PARTICIPATED IN THE DECISION.
PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0592/NA. U.S. v. Terry W. JAMES. CCA 99-0435.

MANDATES ISSUED

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

No. 99-0311/AR. U.S. v. Brant D. PFISTER. CCA 9600589.

No. 99-0418/AR. U.S. v. Donald L. GARREN. CCA 9700732.

No. 99-0932/AF. U.S. v. Larry D. SMITH, Jr. CCA 32850.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-193
Thursday, July 20, 2000

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0099/AF. U.S. v. Shelby B. FORREST. CCA 32707.

No. 00-0354/NA. U.S. v. Kelsey L. BRIDGES. CCA 98-1057.

No. 00-0357/MC. U.S. v. Niles L. LAING. CCA 99-1097.

No. 00-0401/NA. U.S. v. Michael WOODS, Jr. CCA 99-0010.

No. 00-0418/AR. U.S. v. Michael R. CLARK. CCA 9801787.

No. 00-0439/AF. U.S. v. Chadwell K. SIMPSON. CCA S29492.

No. 00-0487/NA. U.S. v. Andrew S. PLOWMAN. CCA 99-0802.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0593/AR. U.S. v. George E. ROY. CCA 9801445.

INTERLOCUTORY ORDERS

No. 99-0995/AR. U.S. v. Lowell L. MCGEE. CCA 9700480. Appellant's motion to file index to supplement to petition for grant of review granted.

No. 00-0448/AR. U.S. v. Quanlon S. SMITH. CCA 9700747. Appellant's motion to correct errata granted.

No. 00-0539/AR. U.S. v. James L. JOHNSON. CCA 9800869. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 23, 2000.

No. 00-0551/AR. U.S. v. Rafael MEDINA-LOPEZ. CCA 9800610. Appellant's motion to extend time to file supplement to petition for grant of review granted to August 28, 2000.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-194
Friday, July 21, 2000

APPEALS - SUMMARY DISPOSITIONS

No. 00-0102/AR. U.S. v. Juan O. ALVARADO-ALBELO. CCA 9800265. On consideration of the granted issue, 53 MJ 118, and having received briefs and heard oral argument, we hold that the findings and sentence may be affirmed. However, we agree with appellant that Headquarters (HQ), V Corps, General Court-Martial Order Number 36, dated July 2, 1998, improperly reflects his conviction for forgery in violation of Article 123, Uniform Code of Military Justice, 10 USC § 923. Any servicemember tried by court-martial is entitled to have the results of that court-martial accurately published, especially when the official document may become a part of a system of criminal records. Accordingly, it is ordered that the decision of the United States Army Court of Criminal Appeals is affirmed; and that the record of trial is returned to the Judge Advocate General of the Army for appropriate action to correct HQ, V Corps, General Court-Martial Order Number 36, dated July 2, 1998.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0313/MC. U.S. v. Timothy A. HOHN. CCA 98-1262.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0575/AR. U.S. v. Derrick L. MOSLEY. CCA 9601580. */

No. 00-0594/AR. U.S. v. Joel Z. MOMENT. CCA 9900604.

No. 00-0595/AR. U.S. v. Christopher M. O’CONNOR. CCA 9701568.

No. 00-0596/AR. U.S. v. Jeffrey A. BRIGMAN. CCA 9702052.

No. 00-0597/AR. U.S. v. Davelin T. MOORE. CCA 9900990.

No. 00-0598/AR. U.S. v. Ricky D. SOSBEE. CCA 9801100.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 00-8017/CG. United States, petitioner, v. Darrell R. STIREWALT, respondent. CCA 1089. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) and placed on the docket this date.

INTERLOCUTORY ORDERS

No. 99-0401/AR. U.S. v. Chrissandra V. MARBURY. CCA 9700371. On consideration of the petition for grant of review filed by counsel for the appellant on July 13, 2000, under Article 67(a), UCMJ, 10 USC § 867(a)(1994), which was docketed under Docket Number 00-0575/AR, and it now appearing that said petition is in fact a second petition for grant of review of the decision of the United States Army Court of Criminal Appeals, earlier filed under Docket Number 99-0401/AR, the original docket number in this case, it is ordered that Docket Number 99-0401/AR be forthwith assigned to this case; and that Docket Number 00-0575/AR be removed from this case and reassigned in due course to an appropriate newly filed petition.

MANDATES ISSUED

No. 98-0783/NA. U.S. v. Michael W. FRICKE. CCA 96-1293.

No. 99-0365/MC. U.S. v. Todd A. NAPOLITANO. CCA 97-0675.

No. 99-0695/MC. U.S. v. Matthew T. YUNK. CCA 98-0228.

__________________________

*/ See INTERLOCUTORY ORDERS this date.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-195
Monday, July 24, 2000

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 00-0502/NA. U.S. v. Mark A. HOWARD. CCA 99-0699.
Appellant's motion to withdraw petition for grant of review granted.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0599/MC. U.S. v. James C. SHELTON. CCA 99-0017.

No. 00-0600/AF. U.S. v. Alexander L. BROCK-JONES. CCA 33895.

No. 00-0601/AF. U.S. v. Robert D. PHILLIPS. CCA 33980.

No. 00-0602/AF. U.S. v. Jean P. REYES. CCA S29723.

No. 00-0603/AF. U.S. v. Joseph P. WALTON, Jr. CCA S29717.

No. 00-0604/AF. U.S. v. John K. WOFFORD. CCA 33879.

No. 00-0605/AF. U.S. v. Jeremy A. YAWS. CCA 33898.

No. 00-0606/AF. U.S. v. Joseph D. BUNTING. CCA 33934.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 00-8017/CG. United States, petitioner, v. Darrell R. STIREWALT, respondent. CCA 1089. Petitioner’s motion to suspend publication and seal CGCCA opinion denied; petition for extraordinary relief in the nature of a writ of mandamus denied.

INTERLOCUTORY ORDERS

No. 00-0314/AR. U.S. v. Lewis T. CARTER. CCA 9701744. Appellant's motion to file final brief out of time granted.

No. 00-0381/AR. U.S. v. Carl L. BRANCH. CCA 9801790. Appellant's motion to admit defense appellate exhibit A granted.

    CRAWFORD, Chief Judge (dissenting): I would deny the motion. See my separate opinion in United States v. Huffman, 40 MJ 224, 228 (CMA 1994).

No. 00-0424/AR. U.S. v. Emmet U. ALLEN. CCA 9701466. Appellant's third motion to extend time to file supplement to petition for grant of review granted up to and including August 7, 2000.

No. 00-0499/AR. U.S. v. Guillermo A. QUINTANILLA. CCA 9601468. Appellant's motion to file an appendix to appellant's brief granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-196
Tuesday, July 25, 2000

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0311/AR. U.S. v. Harrell WOODSON. CCA 9701853.

No. 00-0407/AR. U.S. v. Sean D. DABNEY. CCA 9800428.

No. 00-0425/AR. U.S. v. David J. MILLER. CCA 9801407.

No. 00-0428/MC. U.S. v. Stephan A. RODRIGUEZ. CCA 99-1345.

No. 00-0449/AR. U.S. v. Raheim J. SALTERS. CCA 9800893.

No. 00-0453/AF. U.S. v. Steven C. SCHULTE. CCA 33956.

No. 00-0461/AF. U.S. v. Jerry D. TAYLOR, Jr. CCA 33991.

No. 00-0466/AR. U.S. v. Greta R. LYONS. CCA 9701575.

No. 00-0468/MC. U.S. v. Daniel L. MATYNIAK. CCA 99-0937.

No. 00-0469/MC. U.S. v. Ivey L. MCCLELLAN, Jr. CCA 98-0107.

No. 00-0471/AF. U.S. v. Elias MUNOZ, Jr. CCA 33655.

No. 00-0472/AF. U.S. v. Elrico J. SMITH. CCA 33972.

No. 00-0473/AF. U.S. v. Christopher J. WALDEN. CCA 33918.

No. 00-0492/AF. U.S. v. Mark E. PRESTON. CCA 33921.

No. 00-0496/AR. U.S. v. Miguel E. MARTINEZ. CCA 9901241.

No. 00-0527/AF. U.S. v. Kevin M. MAHER. CCA 33941.

No. 00-0528/AF. U.S. v. William C. MARGARIDO. CCA S29799.

No. 00-0529/AF. U.S. v. Charles J. MARRINER. CCA 33909.

No. 00-0530/AF. U.S. v. Mystique R. MCFARLAND. CCA S29767.

No. 00-0531/AF. U.S. v. Shanta L. TALLEY. CCA S29738.

No. 00-0532/AF. U.S. v. John A. WEBB, II. CCA S29764.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0607/AR. U.S. v. Richard J. FISHER. CCA 9701878.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-197
Wednesday, July 26, 2000

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0356/AF. U.S. v. William R. BENDER. CCA 33705.

No. 00-0415/NA. U.S. v. Michael J. ELLIS. CCA 99-0712.

No. 00-0419/AR. U.S. v. Galen A. GOSS. CCA 9900091.

No. 00-0441/NA. U.S. v. Mark KINTO. CCA 99-0112.

No. 00-0463/AF. U.S. v. David A. DOUGLAS. CCA 33691.

No. 00-0467/MC. U.S. v. Joshua K. LYALL. CCA 99-0953.

No. 00-0470/AF. U.S. v. Eric W. CURTISS. CCA 33893.

No. 00-0474/AF. U.S. v. Michael K. LAWSON. CCA 33924.

No. 00-0484/AF. U.S. v. Joshua L. ADAMS. CCA 33695.

No. 00-0485/AR. U.S. v. Lawrence P. FRENZ. CCA 9900563.

No. 00-0495/AF. U.S. v. Allen K. BOYLE. CCA 33722.

No. 00-0512/NA. U.S. v. Brian K. ALANIZ. CCA 99-1370.

No. 00-0515/AR. U.S. v. Luke A. SMITH. CCA 9900733.

No. 00-0522/AF. U.S. v. Justin L. ALEXANDER. CCA S29768.

No. 00-0524/AF. U.S. v. Michael D. BULLINGTON. CCA 33957.

No. 00-0525/AF. U.S. v. Joshua R. FAWCETT. CCA 33929.

No. 00-0526/AF. U.S. v. Jason C. KARIKER. CCA 33176.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-198
Thursday, July 27, 2000

RETURN OF RECORD FROM COURT OF CRIMINAL APPEALS

No. 98-0784/MC. U.S. v. Jason M. ABRAMS. CCA No. 96-1714. The record was returned to the Clerk’s Office in accordance with the decision of this Court, 50 MJ 361 (1999), and has been referred to the Court for further consideration.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-0355/AR. U.S. v. Thomas M. LONERGAN. CCA 9700615.
No. 00-0399/MC. U.S. v. Christopher A. BRUCI. CCA 98-1793.
No. 00-0402/NA. U.S. v. David S. OHREE. CCA 99-0336.
No. 00-0445/AR. U.S. v. Demond D. WEBB. CCA 9900215.
No. 00-0448/AR. U.S. v. Quanlon S. SMITH. CCA 9700747.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-199
Friday, July 28, 2000

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0608/AR. U.S. v. Gerald GALARZA, Jr. CCA 9800075.
No. 00-0609/AR. U.S. v. Vernon LIVINGSTON, Jr. CCA 9801496.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 00-200
Monday, July 31, 2000

ORDERS GRANTING PETITION FOR REVIEW

No. 00-0403/AF. U.S. v. Bruce A. LUSTER. CCA S29525. Review granted on the following issue:

WHETHER THE MILITARY JUDGE ERRED WHEN SHE PROHIBITED APPELLANT FROM PRESENTING EVIDENCE OF THE EFFECTS A PUNITIVE DISCHARGE WOULD HAVE ON HIS RETIREMENT BENEFITS.
No. 00-0416/AF. U.S. v. Jason A. HART. CCA 32881. Review granted on the following issue:
WHETHER THE MILITARY JUDGE ERRED BY ALLOWING
OPINION/REPUTATION TESTIMONY ABOUT APPELLANT'S
CREDIBILITY WHEN APPELLANT NEVER TESTIFIED AND THE HEARSAY TESTIMONY USED TO JUSTIFY ITS ADMISSION WAS NOT OBJECTED TO BY THE GOVERNMENT, AND WAS COLLATERAL OR FOR LIMITED PURPOSES ONLY.
No. 00-0443/AF. U.S. v. Phillip R. MARCUSON. CCA 33537. Review granted on the following issue:
WHETHER APPELLANT'S ASSIGNMENT TO WORK DETAILS WITH PERSONS SERVING SENTENCES FROM SPECIAL COURTS-MARTIAL, ALONG WITH REMOVAL OF HIS RIGHT TO WEAR HIS BERET AND RESTRICTION TO A DORMITORY ROOM FOR SEVERAL DAYS CONSTITUTE ILLEGAL PRETRIAL PUNISHMENT IN VIOLATION OF ARTICLE 13, UCMJ.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 00-5004/MC. U.S. v. Anthony QUIROZ. CCA 98-1864. The cross-petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals is denied. The certified questions will be set for oral argument by the Clerk of Court.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0610/AR. U.S. v. Mark C. HOLMES. CCA 9501949.

No. 00-0611/AF. U.S. v. Joshua D. PRUITT. CCA 33810.

No. 00-0612/AF. U.S. v. Mindy A. MARTINEZ. CCA 34001.

No. 00-0613/AF. U.S. v. Jose LIRA-ARIAS. CCA S29765.

No. 00-0614/AF. U.S. v. Jamie H. GAUDETTE. CCA 33936.

No. 00-0615/AF. U.S. v. Steven E. DENT. CCA 33138.

No. 00-0616/AF. U.S. v. Damon L.V. CHRISTIAN. CCA 33962.

No. 00-0617/CG. U.S. v. William S. BENEDICT. CCA 1083.


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