APPEALS - SUMMARY DISPOSITIONS
No. 96-1198/AF. U.S. v. Edward L. MITCHELL. CCA 31421. On consideration of the granted issue, ___ MJ ___ (Daily Journal Nov. 24, 2000), we note that appellant’s first appeal to this Court resulted in our setting aside the original decision of the Court of Criminal Appeals and remanding the case to that court for its determination of whether the intervening decision of the Secretary of the Air Force to accept appellant’s application to retire was unrelated to the pending appeal or "could be viewed as an adequate means of providing appellant with the benefit of his bargain." 50 MJ 79, 82-83 (1999). If the court found that the Secretary’s decision was not intended to "provide appropriate alternative relief" for the unfulfilled term of the pretrial agreement, our remand required the Court of Criminal Appeals to fashion appropriate relief or to set aside the findings and sentence and authorize a rehearing. Id. at 83.
On remand, the Court of Criminal Appeals found that "appellant’s appeal concerning the providency of his guilty plea was not a factor in the Secretary’s exercise of his discretionary authority" to accept appellant’s application to retire. Unpub. Op. At 4 (A.F.Ct.Crim.App. May 26, 2000). The Court of Criminal Appeals, however, failed to grant relief in accordance with our remand. Thus, a further remand is necessary to resolve this appeal.
The Government has noted that further administrative action might provide appellant with the benefit of his bargain. Accordingly, the Government shall advise the Court of Criminal Appeals within 90 days of the issuance of this order of what action it has taken to provide appellant with additional benefits commensurate with the financial benefit intended by the parties in the pretrial agreement and formalized in Appendix A to the Offer for Pretrial Agreement. If the Government reports that it has taken such additional action, the Court of Criminal Appeals shall determine whether such additional benefits provide appellant with the benefit of his bargain. If the Government reports to the Court of Criminal Appeals that it has not provided such additional benefits, or if the court finds that such additional benefits do not provide appellant with the benefit of his bargain, the court shall set aside the findings and sentence and authorize a rehearing. See Art. 66(c), UCMJ, 10 USC § 866(c). Therefore, it is ordered that the decision of the United States Air Force Court of Criminal Appeals dated May 26, 2000, is set aside.*/ The record of trial is returned to the Judge Advocate General of the Air Force for remand to that court for further review, in light of the considerations set forth in this order.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0386/AR. U.S. v. Ina J. GUYTON-BHATT. CCA 9800418.
No. 01-0387/NA. U.S. v. Toro KHAMSOUK. CCA 9900711.
No. 01-0388/NA. U.S. v. Bernard K. OWENS. CCA 9901595.
No. 01-0389/AF. U.S. v. Stephen E. JOHNSON. CCA S29884.
No. 01-0390/AF. U.S. v. Carlos T. HALL. CCA S29895.
No. 01-0391/AF. U.S. v. Jeffrey A. GHOLSON, Sr. CCA 33616.
No. 01-0392/AF. U.S. v. Michael E. COOK. CCA 34030.
No. 01-0393/AF. U.S. v. Brian W. BURRELL. CCA S29886.
No. 01-0394/AF. U.S. v. Kenneth M. BELLINGHAM. CCA 33674.
INTERLOCUTORY ORDERS
No. 68033/AR. U.S. v. Dwight J. LOVING. CCA
8901123. On consideration of appellant’s motion for leave to file out of
time and petition for reconsideration, the Court notes appellant’s assertion,
citing Williams v. Taylor, 529 US 362 (2000), and Glover v. United
States, 121 S.Ct. 696 (2001), that this Court erroneously treated Lockhart
v. Fretwell, 506 U.S. 364 (1993) as a modification of the second prong
of Strickland v. Washington, 466 U.S. 668 (1984). In the first instance
pointed out by appellant, United States v. Loving, 41 MJ at 213,
245 (1994), this Court held that appellant had not satisfied the first
prong of Strickland, and thus we did not reach the second prong
addressed in Williams and Glover. In the second instance,
41 MJ at 248, this Court cited Lockhart only for the purpose of
quoting and applying Strickland. Nowhere in its opinion did this
Court suggest that Lockhart modified Strickland. Accordingly,
it is ordered that appellant’s motion for leave to file out of time is
granted; and that the petition for reconsideration is denied.
_____
*/ See United States v. Williams, 53 MJ 293 (2000); United States v. Hardcastle, 53 MJ 299 (2000).
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-120
Thursday, March 29, 2001
HEARINGS
No. 00-0671/AF. U.S. v. Bruce W. YARBROUGH. CCA 32964.
No. 00-0673/AF. U.S. v. Joshua L. BOLKAN. CCA 33508.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0376/AR. U.S. v. Shante I. FORD. CCA 9900383.
No. 01-0377/AR. U.S. v. Laron M. McGHEE. CCA 9900600.
No. 01-0378/AR. U.S. v. Melecio MARTINEZ, Jr. CCA 20000110.
No. 01-0379/AR. U.S. v. Marcus W. SMITH. CCA 20000387.
No. 01-0380/AR. U.S. v. Damian L. GOSCH. CCA 20000530.
No. 01-0381/AR. U.S. v. Antoine D. IRICK. CCA 20000731.
No. 01-0382/AR. U.S. v. Arthur L. MARTIN. CCA 9900917.
No. 01-0383/AR. U.S. v. Sky M. NEAL. CCA 20000677.
No. 01-0384/MC. U.S. v. Andrew PINTO. CCA 200000779.
No. 01-0385/NA. U.S. v. Michael D. WALSER. CCA 9900057.
INTERLOCUTORY ORDERS
No. 00-0617/CG. U.S. v. William S. BENEDICT. CCA 1083. On consideration of appellant's motion to strike and re-set date for oral argument, it is ordered that the motion is granted; and that the above-entitled action be called for hearing at 1:30 p.m. on the 22nd day of May, 2001.
No. 01-0010/AR. U.S. v. Gregory K. WILLIAMS. CCA 9601112. Appellant's motion to extend time to file final brief granted, but only up to and including April 6, 2001; and absent extraordinary circumstances no further extension of time will be granted in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-119
Wednesday, March 28, 2001
HEARINGS
No. 00-0664/AR. U.S. v. Louis J. DURANT III. CCA 9801661.
No. 01-0032/AR. U.S. v. Kurt C. HUHN. CCA 9900210.
No. 01-0077/AR. U.S. v. David M. ROESELER. CCA 9900760.
No. 99-0821/AR. U.S. v. Ricky D. JYNES. CCA 9801388.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0373/AR. U.S. v. Isaac N. GREEN III. CCA 20000469.
No. 01-0374/AF. U.S. v. Maria G. REYES. CCA S29897.
No. 01-0375/AF. U.S. v. Kristy M. ROE. CCA S29880.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 01-8027/AF. United States, appellee, v. Ishaq M.A. SALAHUDDIN, appellant. CCA 2001-01. On consideration of the writ-appeal and petition for extraordinary relief, which the Court construes as a motion for a stay, and appellant’s motions to submit declarations, it is ordered that said motions to submit declarations are granted; that the writ-appeal petition is denied; and that in view of the foregoing the motion for a stay is denied as moot.
INTERLOCUTORY ORDERS
No. 99-0232/AR. U.S. v. Robert W. MARTIN. CCA 9600413. Appellant's motion to reschedule oral argument denied.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-118
Tuesday, March 27, 2001
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0157/AR. U.S. v. Allen E. SIMPSON. CCA 9801824.
No. 01-0191/AR. U.S. v. Philip J. WAHL III. CCA 9900372.
No. 01-0204/AR. U.S. v. Gregory J. DUDLEY. CCA 9701614.
No. 01-0212/MC. U.S. v. William S. RIED. CCA 9801893.
No. 01-0236/AF. U.S. v. Wade R. COLEMAN. CCA S29618.
No. 01-0254/MC. U.S. v. Brian D. JOHNSON. CCA 99-01222.
No. 01-0263/AF. U.S. v. Anthony J. WILLIAMS. CCA 33034.
No. 01-0308/AF. U.S. v. Jeffrey S. HARTMAN. CCA 33791.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0372/AR. U.S. v. David L. BURKS, Jr. CCA 20001068.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 01-8028/NA. United States, petitioner, v. United States Navy-Marine Corps Court of Criminal Appeals, respondent. CCA 00-1929. Petition for extraordinary relief in the nature of a writ of mandamus denied.
INTERLOCUTORY ORDERS
No. 00-0577/AR. U.S. v. Nura L. SALES. CCA 9602005. Appellee's motion to extend time to file an answer to final brief granted to March 30, 2001.
No. 00-0159/AR. U.S. v. James A. BROWN. CCA 9801503. Appellant's motion to extend time to file supplement to petition for grant of review granted to April 23, 2001.
No. 01-0162/AF. U.S. v. Samuel A. MORSE. CCA 33566. Appellant's motion to submit combined briefs granted.
No. 01-0224/AR. U.S. v. Rochester THOMAS. CCA 9502100. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including April 11, 2001; absent extraordinary circumstances no further extension of time will be granted in this case.
No. 01-0285/AF. U.S. v. Janice M. WASHINGTON. CCA S29570. Appellant's motion to substitute corrected pages granted.
No. 01-0287/AR. U.S. v. Ronald D. COLE. CCA 9601487. Appellant's motion to extend time to file supplement to petition for grant of review granted to April 23, 2001.
No. 01-0289/AR. U.S. v. Anson D. BENTON. CCA 9800862. Appellant's motion to extend time to file supplement to petition for grant of review granted to April 26, 2001.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-117
Monday, March 26, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0368/AF. U.S. v. Derek A. SUTHERLIN. CCA 34275.
No. 01-0369/AF. U.S. v. Jon M. IRVIN. CCA 34066.
No. 01-0370/AR. U.S. v. Robert S. HODGES. CCA 9900748.
No. 01-0371/AR. U.S. v. Andrew J. STEPHANY. CCA 9900071.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 01-8028/NA. United States, petitioner, v. United States Navy-Marine Corps Court of Criminal Appeals, respondent. CCA 00-1929. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on March 23, 2001, and placed on the docket this date.
INTERLOCUTORY ORDERS
No. 97-0666/AF. U.S. v. David E. MCCONNELL. CCA 32081. Appellant's motion to extend time to file final brief granted, but only up to and including April 6, 2001; absent extraordinary circumstances no further extension of time will be granted in this case.
No. 01-0020/MC. U.S. v. Thomas L. NOURSE. CCA 99-0663. Appellant's motion to file final brief out of time granted.
No. 01-0210/MC. U.S. v. Thomas M. GULLEY. CCA 9901823. Appellee's motion to file an answer to the supplement to the petition for grant of review out of time granted.
No. 01-0285/AF. U.S. v. Janice M. WASHINGTON. CCA S29570. Appellant's motion to substitute corrected copy of supplement to petition for grant of review granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-116
Friday, March 23, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0366/AF. U.S. v. William H. ALLEN, Jr. CCA 32851.
No. 01-0367/MC. U.S. v. Michael E. PERZANOWSKI. CCA 200001482.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-115
Thursday, March 22, 2001
ORDERS GRANTING PETITION FOR REVIEW
No. 01-0205/AR. U.S. v. Wayne L. JONES. CCA 9900336. Review granted on the following issue:
No. 01-0055/AF. U.S. v. Marco A. ROBLES. CCA 33394.
No. 01-0246/MC. U.S. v. Terrence W. DOWLEN. CCA 200000880.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0365/AF. U.S. v. Joseph B. ROBBINS. CCA S29867.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-114
Wednesday, March 21, 2001
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0083/AR. U.S. v. James W. LLOYD. CCA 9801781.
No. 01-0118/AR. U.S. v. Lateef A. MANUEL. CCA 9801060.
No. 01-0123/AF. U.S. v. Michael A. DIAZ. CCA 33125.
No. 01-0165/NA. U.S. v. Bret A. UPCHURCH. CCA 99-1588.
No. 01-0180/AR. U.S. v. Harvey L. LAWSON III. CCA 9901090.
No. 01-0194/AF. U.S. v. Phillip R. HOWERTON. CCA 34173.
No. 01-0208/AF. U.S. v. Jerry D. MULLER, Jr. CCA S29783.
No. 01-0209/AF. U.S. v. Scott N. GAGLIARDI. CCA 34060.
No. 01-0215/AF. U.S. v. William K. MCMANIGAL. CCA 34098.
No. 01-0278/NA. U.S. v. Michael R. SCHAD. CCA 200000216.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0361/MC. U.S. v. Mark B. MORRIS. CCA 99-1551.
No. 01-0362/AF. U.S. v. Bruce L. GORDON II. CCA 34301.
No. 01-0363/AF. U.S. v. Eric E. GRANT. CCA S29569.
No. 01-0364/AF. U.S. v. Charles E. ECKLES. CCA S29814.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-113
Tuesday, March 20, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0358/AR. U.S. v. David L. DRUECKER. CCA 9901028.
No. 01-0359/AR. U.S. v. Mark C. MARLEY, Jr. CCA 9900474.
No. 01-0360/AR. U.S. v. Marvin C. BELL. CCA 20000051.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 01-8023/AF. United States, respondent, v. Phillip E. FROST, petitioner. CCA 33817. Petition for extraordinary relief in the nature of a writ of mandamus is denied without prejudice.
SULLIVAN, Judge (dissenting):
I would have issued a show cause order to the Government in this case. See United States v. Huberty, 53 MJ 369, 371 (2000) (explaining order requiring government appellee to produce doctor’s credentials for an in camera inspection); seealsoUnited States v. Leavitt, 54 MJ 218 (2000) (ordering government-respondent to show cause why an in camera review of the Air Force Judge Advocate General Committee on Ethics and Standards’ report on petitioner’s allegations of prosecutorial misconduct should not be conducted and all relevant information provided to petitioner) andUnited States v. Campbell, 54 MJ 324 (2000) (ordering government-respondent to show cause why an incamera review of the Air Force Judge Advocate General Committee on Ethics and Standards’ report on petitioner’s allegations of prosecutorial misconduct should not be conducted and all relevant information provided to petitioner). As such, I respectfully dissent.
INTERLOCUTORY ORDERS
No. 00-0424/AR. U.S. v. Emmet U. ALLEN. CCA 9701466. Motions filed by Major J. Frank Burnette (Ret.) to submit a petition for reconsideration out of time and to tender documents for in camera review, it is ordered that the motion to submit a petition for reconsideration out of time is granted; that the petition for reconsideration is denied; that the motion to tender documents for in camera review is denied; and that said documents be forwarded to appellate defense counsel.
No. 01-0267/NA. U.S. v. Jason C. LENTZ. CCA 99000433. Appellant's motion to extend time to file supplement to petition for grant of review granted to March 30, 2001.
UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES
DAILY JOURNAL
No. 01-112
Monday, March 19, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0349/AF. U.S. v. Adam L. HALCOMB. CCA 34057.
No. 01-0350/AF. U.S. v. Cheryl L. DAVIS. CCA 33515.
No. 01-0351/AF. U.S. v. Bernard D. BURT. CCA 33429.
No. 01-0352/AF. U.S. v. Sean P. BESENFELDER. CCA 34182.
No. 01-0353/AF. U.S. v. James J. ANDERSON, Jr. CCA 34262.
No. 01-0354/AF. U.S. v. Timothy A. WEAVER. CCA 34340.
No. 01-0355/AF. U.S. v. Annette L. TUCKER. CCA 33664.
No. 01-0356/AF. U.S. v. Jennie M. METZGER. CCA S29656.
No. 01-0357/NA. U.S. v. Michael L. RIOPEL. CCA 200001318.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-111
Friday, March 16, 2001
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 01-8014/NA. United States, appellee, v. Anthony V. WILSON, appellant. CCA 2000-1929. On consideration of the writ-appeal petition filed in the above-styled case, it is ordered that said writ-appeal petition is granted; that the requested relief is granted to the extent that the military judge is directed to modify his order, which required the sealing of the former defense counsels’ files and prohibited the current defense counsel from communicating with the former defense counsel, to allow the current defense counsel to communicate with the former defense counsel and review their files unless such access is inconsistent with applicable principles of attorney-client privilege and work product privilege with respect to a client other than appellant; and that, in all other respects, the requested relief is denied without prejudice to appellant’s right to renew at trial his motions for a mistrial and a new Article 32 investigation, including, with respect to such motions, whether there had been prior waiver of the conflict by appellant and his wife before the civilian custody hearing, and to raise the other issues in this writ-appeal petition during the course of normal appellate review if he is convicted.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 01-8027/AF. United States, appellee, v. Ishaq M.A. SALAHUDDIN, appellant. CCA 2001-01. Writ-appeal petition for review of the United States Air Force Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b) on March 5, 2001, and placed on the docket this date.
INTERLOCUTORY ORDERS
No. 00-0633/AR. U.S. v. Richard A. KINNEY. CCA 9800451. Appellant's motion to file index to final brief granted.
No. 01-0168/AR. U.S. v. Thomas F. ARMSTRONG. CCA 9600445. Appellant's third motion to extend time to file supplement to petition for grant of review granted to March 16, 2001.
No. 01-0231/AR. U.S. v. Bobby DANTZLER. CCA 9800645. Appellant's motion to extend time to file supplement to petition for grant of review granted to March 28, 2001.
No. 01-0245/AR. U.S. v. Abraham CONTRERAS. CCA 20000319. Appellant's motion to extend time to file supplement to petition for grant of review granted to April 5, 2001.
No. 01-0256/AR. U.S. v. Alex CRAIG, Jr. CCA 9900127. Appellant's motion to extend time to file supplement to petition for grant of review granted to April 9, 2001.
No. 01-8014/NA. U.S. v. Anthony V. WILSON. CCA 2000-1929. Appellant's motion to expedite petitioner's request for a stay of proceedings below denied as moot.
No. 01-8027/AF. U.S. v. Ishaq M.A. SALAHUDDIN. CCA 2001-01. Appellee's motion to file substitute page granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-110
Thursday, March 15, 2001
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0122/AF. U.S. v. Martin S. AARON. CCA 33648.
No. 01-0148/NA. U.S. v. Francis X. TORTORA. CCA 200000446.
No. 01-0163/AF. U.S. v. Jeremy S. CARLETTO. CCA 34184.
No. 01-0216/AR. U.S. v. Leonardo PAREDES. CCA 9900192.
No. 01-0220/AR. U.S. v. Edward J. GOLDSMITH. CCA 9900960.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-109
Wednesday, March 14, 2001
ORDERS GRANTING PETITION FOR REVIEW
No. 01-0178/AR. U.S. v. Richard H. CROWSON. CCA 9900438. Review granted on the following issue:
No. 01-5003/MC. U.S. v. Jeremy R. STARK. CCA 99-1146. The Judge Advocate General, United States Navy, requests that action be taken with respect to the following issue:
No. 01-0347/MC. U.S. v. Joshua D. WOODEN. CCA 200000324.
No. 01-0348/MC. U.S. v. Maurice SITTINGBEAR. CCA 98-1885.
INTERLOCUTORY ORDERS
No. 01-08025/NA. U.S. v. Michael T. WISE. CCA 97-2175.
Appellant's motion for enlargement of time to file brief in support of appellant’s writ-appeal petition is denied as moot.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-108
Tuesday, March 13, 2001
APPEALS - SUMMARY DISPOSITIONS
No. 99-0511/AR. U.S. v. Sarveswara R. CHERUKURI. CCA 9601824. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, said petition is hereby granted and the decision of the United States Army Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 99-0511/AR. U.S. v. Sarveswara R. CHERUKURI. CCA 9601824. [See also APPEALS - SUMMARY DISPOSITION this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0164/MC. U.S. v. Christopher B. THOMAS. CCA 99-1723.
No. 01-0225/NA. U.S. v. Timothy W. BASHA. CCA 99-0806.
No. 01-0261/AF. U.S. v. Lawyer HICKS. CCA S29732.
No. 01-0268/MC. U.S. v. Douglas A. PETERSON. CCA 200001024.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0344/NA. U.S. v. Richard JONES. CCA 200000074.
No. 01-0345/CG. U.S. v. Jerry M. WILLIAMS. CCA 1140.
No. 01-0346/AR. U.S. v. Wesley J. FOWLER. CCA 9900817.
INTERLOCUTORY ORDERS
No. 01-0192/AR. U.S. v. Tommy R. RHULE. CCA 9701613. Appellant's second motion to extend time to file supplement to petition for grant of review granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-107
Monday, March 12, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0334/AR. U.S. v. Raymond T. WATSON. CCA 9900773.
No. 01-0335/AR. U.S. v. Christian J. BERTLEY. CCA 9900901.
No. 01-0336/AR. U.S. v. Jamie A. CULHAM. CCA 9900972.
No. 01-0337/NA. U.S. v. Mark K. HOLLIS. CCA 9900297.
No. 01-0338/AF. U.S. v. Colby W. AHERIN. CCA 34224.
No. 01-0339/AF. U.S. v. Matthew C. GIETZEN. CCA 33185.
No. 01-0340/AF. U.S. v. Paul M. HIGGINS. CCA 33606.
No. 01-0341/AF. U.S. v. Eric A. REYNOLDS. CCA 33440.
No. 01-0342/AF. U.S. v. Jeffrey T. WIMMER. CCA 33348.
No. 01-0343/AF. U.S. v. Richard E. WISNIEWSKI. CCA 33686.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 01-106
Friday, March 09, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0324/AR. U.S. v. Walter L. ROSS. CCA 9900615.
No. 01-0325/AR. U.S. v. Mike PIERRE. CCA 9900482.
No. 01-0326/AR. U.S. v. Vince F. DAVID. CCA 9900299.
No. 01-0327/AF. U.S. v. Curtis L. MIDDLETON III. CCA 34212.
No. 01-0328/AF. U.S. v. Maurice A. LONGSWORTH, Jr. CCA 34245.
No. 01-0329/AF. U.S. v. Frederick G. HOFFMAN III. CCA S29887.
No. 01-0330/AF. U.S. v. Mary C. FRIST. CCA 34272.
No. 01-0331/AF. U.S. v. Timothy C. WILLIAMS. CCA 34228.
No. 01-0332/AF. U.S. v. Levar R. ROSEBOROUGH. CCA S29840.
No. 01-0333/AF. U.S. v. Damian D. SMITH. CCA 34249.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 01-8026/NA. United States, appellee, v. Vinh H. NGUYEN, appellant. CCA 200100468. Motion for a stay of trial proceedings denied, and writ-appeal petition denied without prejudice to appellant’s right to raise the issue asserted in the petition during the course of normal appellate review if he is convicted.
INTERLOCUTORY ORDERS
No. 96-1198/AF. U.S. v. Edward L. MITCHELL. CCA 31421. Appellee's motion to submit an original document granted.
No. 01-0162/AF. U.S. v. Samuel A. MORSE. CCA 33566. Appellant's third motion for an additional extension of time to file supplement to petition for grant of review and to file supplement to petition for new trial granted to March 20, 2001.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-105
Thursday, March 08, 2001
APPEALS - SUMMARY DISPOSITIONS
No. 98-0264/AR. U.S. v. Jason S. WESLEY. CCA 9700164. On further consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we conclude that the action taken following our earlier consideration of this case was sufficient as a matter of law. Accordingly, it is ordered that the petition is granted; that the decision of the United States Army Court of Criminal Appeals dated November 12, 1997, which was previously set aside, is reinstated; and, that the decision is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
No. 99-0705/AR. U.S. v. Vance R. LASUEUR. CCA 9700803. On further consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we conclude that the action taken following our earlier consideration of this case was sufficient as a matter of law. Accordingly, it is ordered that the petition is granted; that the decision of the United States Army Court of Criminal Appeals dated May 18, 1999, which was previously set aside, is reinstated; and, that the decision is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 98-0264/AR. U.S. v. Jason S. WESLEY. CCA 98-0264. [See also APPEALS - SUMMARY DISPOSITION this date.]
No. 99-0705/AR. U.S. v. Vance R. LASUEUR. CCA 9700803. [See also APPEALS - SUMMARY DISPOSITION this date.]
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0323/AR. U.S. v. Richard E. DAVIS. CCA 20000392.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 01-8026/NA. United States, appellee, v. Vinh H. NGUYEN, appellant. Writ-appeal petition for review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for extraordinary relief filed under Rule 27(b).
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-104
Wednesday, March 07, 2001
APPEALS - SUMMARY DISPOSITIONS
No. 00-0486/CG. U.S. v. Lawrence BROWN. CCA 1105. Appellant petitioned this Court for review of the following three issues:
II. WAS THE APPELLANT DEPRIVED OF EFFECTIVE ASSISTANCE OF COUNSEL WHERE APPELLANT SUBMITTED A WRITTEN REQUEST FOR NEW COUNSEL, AND EXPRESSED A PRETRIAL DESIRE TO DISCHARGE IS IMC, BUT THE IMC FAILED TO ADVISE HIM OF HIS RIGHT TO REQUEST SUBSTITUTE COUNSEL OR TAKE ANY OTHER STEPS TO DETERMINE IF HE HAD BEEN DISCHARGED, AND FAILED TO INFORM EITHER THE CONVENING AUTHORITY OR THE MILITARY JUDGE THAT APPELLANT WISHED TO DISCHARGE HIM.
III. WAS THE APPELLANT DENIED EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE IMC FAILED TO RAISE MOTIONS REQUESTED BY THE APPELLANT AND FAILED TO INVESTIGATE THE ALLEGED UNLAWFUL COMMAND INFLUENCE.
ORDERS GRANTING PETITION FOR REVIEW
No. 00-0486/CG. U.S. v. Lawrence BROWN. CCA 1105. [See also APPEALS - SUMMARY DISPOSITION this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 00-0660/AR. U.S. v. Richard C. WEBB. CCA 9800853.*/
No. 01-0129/NA. U.S. v. Keith C. TURNER. CCA 00-0288.
No. 01-0143/AF. U.S. v. Lisa M. SANTA ANNA. CCA 33967.
No. 01-0146/AF. U.S. v. Kevin G. GLINES. CCA 34104.
No. 01-0147/AF. U.S. v. Joshua L. YETTER. CCA 33422.
No. 01-0150/AF. U.S. v. Nathaniel K. WILLIAMS, Jr. CCA S29786.
No. 01-0171/AF. U.S. v. Timothy E. NARDI. CCA 34044.
No. 01-0182/AF. U.S. v. Shawn M. RUNEY. CCA S29831.
No. 01-0183/AF. U.S. v. David A. WATSON. CCA S29804.
No. 01-0184/AF. U.S. v. Preston W. BROWN. CCA 34129.
No. 01-0187/AF. U.S. v. Willie T. GREEN, Jr. CCA 34146.
No. 01-0188/AF. U.S. v. Jeremy T. JOHNSTON. CCA 33987.
No. 01-0190/AR. U.S. v. Zimman J. CASEY. CCA 9900411.
No. 01-0198/AF. U.S. v. Stacey R. WIDENER. CCA S29747.
No. 01-0229/AR. U.S. v. Anthony E. SPARKS. CCA 9901000.
No. 01-0244/AR. U.S. v. James M. WALDEN. CCA 9900878.
No. 01-0258/AF. U.S. v. Steward W. MCMILLAN. CCA 33911.
No. 01-0259/AF. U.S. v. Christopher B. SCOTT. CCA S29876.
No. 01-0260/AF. U.S. v. Crystal R. CUMMINGS. CCA 34307.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0321/MC. U.S. v. Dean G. DIMATTIA. CCA 200001312.
No. 01-0322/AR. U.S. v. Selwyn S. HAWTHORNE. CCA 9800209.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 01-8025/NA. United
States, appellee, v. Michael T. WISE, appellant. CCA 97-2175. Writ-appeal
petition denied.
____
*/ Judge Effron did not participate in this decision. See United States v. Gorski, 48 MJ 317 (1997). This is without prejudice to his future participation in this case should it subsequently be presented to the Court in a manner that does not require determination of the application of the ex post facto clause to 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. 462-62 (1996).
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-103
Tuesday, March 06, 2001
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0063/AF. U.S. v. Robert P. CROUCH. CCA 34086.
No. 01-0119/AR. U.S. v. Timothy A. BURCH. CCA 9801133.
No. 01-0135/AR. U.S. v. David W.K. CUNNINGHAM. CCA 9801155.
No. 01-0138/NA. U.S. v. Anne M. JARDINE. CCA 200000330.
No. 01-0151/AR. U.S. v. Jonathan E. MANN. CCA 9801793.
No. 01-0154/AR. U.S. v. Michael N. CURL. CCA 9901192.
No. 01-0156/AR. U.S. v. Cesar LUNA. CCA 9900203.
No. 01-0159/MC. U.S. v. Cecil B. BROOM. CCA 200000654.
No. 01-0160/AR. U.S. v. Shermun L. THOMAS. CCA 9900967.
No. 01-0161/AR. U.S. v. John M. MCCLURG. CCA 9900980.
No. 01-0169/MC. U.S. v. Denise L. ALLEN. CCA 88-3507.
No. 01-0170/AR. U.S. v. Valerie D. COES. CCA 20000233.
No. 01-0179/AR. U.S. v. Andrew J. DICOSTANZO, Jr. CCA 9900460.
No. 01-0181/MC. U.S. v. Joe D. ISLAS. CCA 2000-0026.
No. 01-0185/AR. U.S. v. Lhaverne E. LINZAGA. CCA 20000111.
No. 01-0193/AF. U.S. v. David CHRYSTAL. CCA 33361.
No. 01-0195/AF. U.S. v. Kris M. KATZENMEYER. CCA 34101.
No. 01-0196/AF. U.S. v. Stephen J. RIDEAUX. CCA 33448.
No. 01-0199/AR. U.S. v. Gary E. GERMER. CCA 9900821.
No. 01-0200/MC. U.S. v. James P. SPIVA. CCA 99-1495.
No. 01-0202/AR. U.S. v. Sammie L. CALDWELL III. CCA 9900500.
No. 01-0206/AR. U.S. v. Paul A. HAWKINS. CCA 9900851.
No. 01-0217/AR. U.S. v. Patrick A. CORDER. CCA 9900529.
No. 01-0218/AR. U.S. v. Kolin R. McGEE. CCA 20000544.
No. 01-0228/AR. U.S. v. Ronnie C. FRISON. CCA 20000058.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0320/AR. U.S. v. Frank F. DILL. CCA 20000775.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 01-8024/NA. United States, respondent, v. Samuel E. TOOTLE, II, petitioner. CCA 98-1945. Petition for extraordinary relief denied without prejudice.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 01-8025/NA. United States, appellee, v. Michael T. WISE, appellant. CCA 97-2175. Writ-appeal for review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b) on February 21, 2001 and placed on the docket this date.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-102
Monday, March 05, 2001
RULE CHANGE
Pursuant to the provisions of Rule 45(a) of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, and in light of the retirement of Thomas F. Granahan, Clerk of the Court, on March 2, 2001, and the appointment of William A. DeCicco as the new Clerk of the Court effective March 5, 2001, it is ordered that William A. DeCicco is hereby appointed an ex officio member of the Rules Advisory Committee to serve as the Reporter of said Committee; and that Thomas F. Granahan shall remain an active member of said Committee for a term to expire on September 30, 2001. The Court expresses its deep appreciation to Mr.Granahan for his long and dedicated service as Reporter of the Rules Advisory Committee.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 01-0059/AR. U.S. v. John L. PATE. CCA 9801559.
No. 01-0061/AR. U.S. v. Dwayne A. LOCKRIDGE. CCA 9801127.
No. 01-0114/AR. U.S. v. Patrick A. BARKLEY. CCA 9900910.
No. 01-0124/AF. U.S. v. Lord C. LATIMER. CCA 33194.
No. 01-0131/AR. U.S. v. Teresa J. GRANT. CCA 9801829.
No. 01-0139/NA. U.S. v. Leslie M. MUELLER. CCA 99-1797.
No. 01-0153/AR. U.S. v. Kenneth D. BUCKLER. CCA 9900670.
No. 01-0167/NA. U.S. v. Michael L. BARTON. CCA 200000669.
No. 01-0186/AF. U.S. v. Zachary P. BAUGHMAN. CCA 33981.
No. 01-0203/AR. U.S. v. Donald W. JENKINS. CCA 20000776.
No. 01-0233/AR. U.S. v. Wayne A. TYKWARD. CCA 20000340.
PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS
No. 01-0166/MC. U.S. v. Daryl S. MCGONIOLE. CCA 200000307. Appellant's motion to withdraw petition for grant of review granted and second motion to extend time to file supplement to petition for grant of review is denied as moot.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0303/AR. U.S. v. Dalrek A. CHEESEBORO. CCA 9900346.
No. 01-0304/AR. U.S. v. Trevis D. MOSBY. CCA 9900437.
No. 01-0305/AF. U.S. v. Heather L. PAULSEN. CCA 33841.
No. 01-0306/AF. U.S. v. Rene D. MOE. CCA 33966.
No. 01-0307/AF. U.S. v. Dudley A. MERRIFIELD. CCA 33599.
No. 01-0308/AF. U.S. v. Jeffrey S. HARTMAN. CCA 33791.
No. 01-0309/AF. U.S. v. Anthony L. BELL. CCA 33758.
No. 01-0310/AR. U.S. v. Derek D. THOMPSON. CCA 20000082.
No. 01-0311/AR. U.S. v. Anthony D. HAZEN. CCA 9900332.
No. 01-0312/AR. U.S. v. Max J. LAMB. CCA 20000256.
No. 01-0313/AR. U.S. v. Scot P. MCAFEE. CCA 9900517.
No. 01-0314/AR. U.S. v. Yolanda M. MCKNIGHT. CCA 9901049.
No. 01-0315/AR. U.S. v. Aubrey J. DOBBS. CCA 9900295.
No. 01-0316/AR. U.S. v. Warren P. COLBERT. CCA 20000129.
No. 01-0317/NA. U.S. v. Randy J. GIZARA. CCA 00-0187.
No. 01-0318/AR. U.S. v. Jason F. KOLODJAY. CCA 9700389.
No. 01-0319/AR. U.S. v. Thomas J. SLATER. CCA 20000586.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No. 01-8022/NA. United States, appellee, v. Daniel M. KING, appellant. CCA 200001991. Writ-appeal petition is denied without prejudice.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 01-8024/NA. United States, respondent, v. Samuel E. TOOTLE, II, petitioner. CCA 98-1945. Petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on January 31, 2001 and placed on the docket this date.
INTERLOCUTORY ORDERS
No. 01-0042/AF. U.S. v. Michael W. CATRETT, Jr. CCA 33133. Appellant's motion to schedule for oral argument on 26 April 2001 denied as moot.
No. 01-0050/MC. U.S. v. Phillip S. OXENDINE. CCA 99-0381. Appellant's motion to correct errata granted.
No. 01-0253/NA. U.S. v. Jason L. BINGAMAN. CCA 98-1949. Appellant's motion to extend time to file supplement to petition for grant of review granted to April 9, 2001.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-101
Friday, March 02, 2001
CERTIFICATES FOR REVIEW FILED
No. 01-5002/MC. U.S. v. James D. HARRIS, II. CCA 99-0265. The Judge Advocate General, United States Navy, requests that action be taken with respect to the following issue:
No. 01-0189/AF. U.S. v. Edwin D. MUNAR. CCA 33025.
No. 01-0197/AF. U.S. v. Corey N. SUTTER. CCA 34110.
No. 01-0213/AR. U.S. v. Crystal D. DUNN. CCA 9901010.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0302/AR. U.S. v. Mustafah L. MANNSUR. CCA 20000044.
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
DAILY JOURNAL
No. 01-100
Thursday, March 01, 2001
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0299/AR. U.S. v. Scott A. DUMMITT. CCA 9901050.
No. 01-0300/AR. U.S. v. Richard W. THOMAS. CCA 9800973.
No. 01-0301/MC. U.S. v. Maynor F. USEDABERMUDEZ. CCA 9901221.