UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-038
Friday, November 30, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0098/AF. U.S. v. Thomas T. ANDREW. CCA 34535.

No. 02-0099/AF. U.S. v. Lee M. BLANKENSHIP. CCA S29950.

No. 02-0100/AF. U.S. v. Raymond B. HARRISON. CCA 34172.

No. 02-0101/AF. U.S. v. Yousuf A. KHAN. CCA 34624.

No. 02-0102/AF. U.S. v. William K.H. MUELLER. CCA 33899.

No. 02-0103/AF. U.S. v. Mario A. RILLON Jr. CCA 34153.

No. 02-0104/AF. U.S. v. Shaun L. ROSNER. CCA 34599.

No. 02-0105/AF. U.S. v. Jonathan R. SINKS. CCA S29844.

No. 02-0106/AF. U.S. v. Kyle W. STINCHCOMB. CCA 34383.

No. 02-0107/AF. U.S. v. Daniel J. HURT. CCA 34573.

INTERLOCUTORY ORDERS

No. 01-0503/AF. U.S. v. Christopher R. GILBRIDE. CCA 33724.
Appellee's motion to file notice of appearance out of time granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-037
Thursday, November 29, 2001

INTERLOCUTORY ORDERS

No. 01-0426/AR. U.S. v. Edward A. HUMPHERYS. CCA 9800141. Appellee's motion to resubmit answer to final brief granted.

No. 01-0749/AR. U.S. v. Kurtis E. ARMANN. CCA 9900316. Appellant's motion for leave to file out of time granted.

No. 02-0062/NA. U.S. v. Roland L. FRENCH. CCA 200000263.
Appellant's motion to extend time to file supplement to petition for grant of review granted to December 31, 2001.

No. 02-8006/MC. U.S. v. Vinh H. NGUYEN. CCA 200101866.
Appellant's motion to stay proceedings is granted and review of this case is stayed until further order of the Court; motion to submit affidavit is granted; and appellee shall file an answer under Rule 27(b) on or before December 3, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-036
Wednesday, November 28, 2001

HEARINGS

No. 98-1089/AR. U.S. v. Sean G. GRIGORUK. CCA 9600949.

No. 01-0386/AR. U.S. v. Ina J. GUYTON-BHATT. CCA 9800418.

No. 01-0519/AR. U.S. v. Edwin R. PALAGAR. CCA 9900781.

No. 01-0602/AF. U.S. v. Jon M. DOWNING. CCA 33953.

No. 01-0647/AF. U.S. v. Shannon R. BULLMAN. CCA 34403.

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0095/MC. U.S. v. Calvin G. HALL III. CCA 01-1147.

No. 02-0096/MC. U.S. v. Brandon C FOX. CCA 01-01188.

No. 02-0097/MC. U.S. v. Henry L. SPRADLING III. CCA 00-01848.

PETITIONS FOR RECONSIDERATION DENIED

No. 01-0633/AR. United States, appellee, v. Mark A. ARAB, appellant. CCA 9801645. Appellant’s petition for reconsideration of this Court’s order dated October 29, 2001, denied

INTERLOCUTORY ORDERS

No. 01-0387/NA. U.S. v. Toro KHAMSOUK. CCA 9900711.
Appellant's motion to file corrected reply brief granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-035
Tuesday, November 27, 2001

HEARINGS

No. 01-0387/NA. U.S. v. Toro KHAMSOUK. CCA 9900711.

No. 01-0488/AF. U.S. v. Paul D. MCDONALD. CCA 33759.

No. 01-0503/AF. U.S. v. Christopher R. GILBRIDE. CCA 33724.

No. 01-0520/CG. U.S. v. Sean M. TARDIF. CCA 1141.

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0092/AR. U.S. v. Shane A. FRANKEL. CCA 20010359.

No. 02-0093/AR. U.S. v. Eric S. MCGHEE. CCA 9900902.

No. 02-0094/MC. U.S. v. Charles E. TEFFEAU. CCA 9900322.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 02-8004/AR. United States, appellee, v. Christopher J. KING, appellant. CCA 20010829. Writ-appeal petition denied without prejudice to appellant’s right to raise the matter asserted in the petition during the course of normal appellate review if he is convicted.

INTERLOCUTORY ORDERS

No. 01-0882/AR. U.S. v. David L. WILLIAMS. CCA 9900143.
Appellant's motion to file petition for grant of review out of time which was construed as a motion to file supplement to petition for grant of review out of time granted.

No. 02-0065/AF. U.S. v. Ryan W. DAVIS. CCA 33877.
Appellant's motion to extend time to file supplement to petition for grant of review granted to January 4, 2002.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-034
Monday, November 26, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0086/MC. U.S. v. Thomas W. SOLARI. CCA 200000933.

No. 02-0087/NA. U.S. v. Mark A. ROBERTS. CCA 9901801.

No. 02-0088/NA. U.S. v. Frederick W. THOMAS. CCA 9801573.

No. 02-0089/AF. U.S. v. Linda M. SPIRIDONOFF. CCA 34663.

No. 02-0090/AF. U.S. v. Isaac MARTIN. CCA S29997.

No. 02-0091/AF. U.S. v. Marc A. FECTEAU. CCA 34628.

INTERLOCUTORY ORDERS

No. 00-0633/AR. U.S. v. Richard A. KINNEY. CCA 9800451. Appellant's motion to admit Government appellate exhibits I and II and response to the order of the Court granted.

No. 01-0870/AR. U.S. v. Terry J. KINDRICK. CCA 9601784. Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 98-0146/AF. U.S. v. Leslie D. RILEY. CCA 32183. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 24, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-033
Wednesday, November 21, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0859/AF. U.S. v. Branden P. CARPOFF. CCA S29860. Review granted on the following issue:

WHETHER IT WAS ERROR TO DENY APPELLANT THE OPPORTUNITY
TO REBUT NEW MATTERS CONTAINED IN THE LEGAL REVIEW
RECOMMENDING DENIAL OF APPELLANT'S REQUEST FOR
DEFERMENT OF REDUCTION IN GRADE.
PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0085/AF. U.S. v. Douglas C. SMITH, II. CCA S29955.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 02-8005/NA. United States, appellee, v. David E. CRAWFORD, appellant. CCA 200100806. Writ-appeal petition denied.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 02-8006/MC. United States, appellee, v. Vinh H. NGUYEN, appellant. CCA 200101866. Writ-appeal petition for review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for declaratory and injunctive relief together with appellant’s motion for a stay of review under Articles 64 and 69, and motion to submit affidavit were filed under Rule 27(b), 6(b) and 30.

INTERLOCUTORY ORDERS

No. 97-0569/AR. U.S. v. Matthew M. CLARK. CCA 9501018. Appellant's motion to file petition for reconsideration out of time granted.

No. 00-0594/AR. U.S. v. Joel Z. MOMENT. CCA 9900604.
Appellant's motion to file brief on behalf of appellant on remanded issue out of time granted.

No. 00-0633/AR. U.S. v. Richard A. KINNEY. CCA 9800451. Appellee's motion for leave to file out of time motion to admit Government appellate exhibits I and II and response to order of the Court granted.

No. 01-0762/AR. U.S. v. Jeffrey D. WALKER. CCA 9801091. Appellant's motion to file supplement to petition for grant of review out of time granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-032
Tuesday, November 20, 2001

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 02-0045/AF. U.S. v. Jeffrey A. LINSCOTT, Jr. CCA 34218.
Appellant's motion to withdraw petition for grant of review granted.

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0082/AR. U.S. v. Matthew D. HENNINGER. CCA 9900874.

No. 02-0083/NA. U.S. v. James E. STEPHENS. CCA 200100742.

No. 02-0084/MC. U.S. v. Larry A. OLIVER. CCA 200000659.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 02-8005/NA. United States, appellee, v. David E. CRAWFORD, appellant. CCA 200100806. Writ-appeal petition 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 November 14, 2001, and placed on the docket this date.

PETITIONS FOR RECONSIDERATION DENIED

No. 01-8039/NA. United States, appellee, v. Roger A. HOUSE, appellant. CCA 2000-1561. Appellant’s petition for reconsideration of this Court’s order dated October 22, 2001, is denied without prejudice to appellant’s right to raise the matter asserted in the petition during the course of normal appellate review if he is convicted; appellant’s motion to supplement the record is granted.

No. 02-08002/NA. United States, respondent, v. Samuel E. TOOTLE, petitioner. CCA 98-1945. Petitioner’s petition for reconsideration of the order of the Court issued on October 22, 2001, denied.

INTERLOCUTORY ORDERS

No. 01-0242/MC. U.S. v. Guillermo A. DOUGLAS. CCA 200000569. Appellant's motion to attach granted.

No. 01-0337/NA. U.S. v. Mark K. HOLLIS. CCA 9900297. Appellee's motion for counsel to appear pro hoc vice granted.

No. 01-0426/AR. U.S. v. Edward A. HUMPHERYS. CCA 9800141. Appellant's motion to withdraw granted issue V granted.

No. 01-0492/AF. U.S. v. Gordon L. SMITH. CCA S29720. Appellant's motion to supplement oral argument granted.

No. 01-0758/AF. U.S. v. Christopher M. BOX. CCA 33487. Motion to file appellant’s answer to motion to strike via facsimile granted.

No. 01-0852/AR. U.S. v. Brett WRIGHT. CCA 9700470. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including December 6, 2001; and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 01-0869/AR. U.S. v. Michael L. SMITH. CCA 9900952. Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 02-0023/AR. U.S. v. Keyvin S. GLOVER. CCA 20000489. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 17, 2001.



 
 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-031
Monday, November 19, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0081/AF. U.S. v. Luis A. CRUZ. CCA 34325.

INTERLOCUTORY ORDERS

No. 02-00028/NA. U.S. v. Micheal E. CALLAN. CCA 200000379. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 17, 2001.

No. 02-0038/NA. U.S. v. Carlos R. KEARNEY. CCA 200000285. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 17, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-030
Friday, November 16, 2001

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0588/AR. U.S. v. Ian J. POMARLEAU. CCA 9800836. Review granted on the following issues:

I. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY DENYING APPELLANT'S CAUSAL CHALLENGES AGAINST PANEL MEMBERS WHOSE RESPONSES TO VOIR DIRE QUESTIONS DEMONSTRATED BIAS WHICH CAST THE FAIRNESS, LEGALITY AND IMPARTIALITY OF THE PROCEEDINGS INTO SUBSTANTIAL DOUBT.

II. WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE PERMITTED TRIAL COUNSEL TO SHOW THE JURY POSTER-SIZED, GRAPHIC, COLOR PHOTOGRAPHS, ONE DEPICTING THE NAKED FULL-BODY AUTOPSY PHOTOGRAPH OF A PASSENGER AND THE OTHER DEPICTING THE CONTORTED BLOODIED CORPSE OF A SECOND PASSENGER, WHICH PHOTOGRAPHS WERE HIGHLY PREJUDICIAL AND WHICH CERTAINLY INFLAMED THE PASSIONS OF THE JURY.

III. WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE ADMITTED SEVERAL POSTER-SIZED, GRAPHIC, COLOR PHOTOGRAPHS, DEPICTING INTER ALIA TWO DECEASED PASSENGERS' BATTERED FACES IN APPELLANT'S CASE, WHICH PHOTOGRAPHS WERE HIGHLY PREJUDICIAL AND MARGINALLY RELEVANT AT BEST.

IV. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE EXCLUDED SEVERAL DEFENSE EXHIBITS FROM EVIDENCE WITHOUT FINDING EITHER THAT THE DEFENSE FLOUTED DISCOVERY RULES TO GAIN A TACTICAL ADVANTAGE OR THAT THE GOVERNMENT WOULD BE PREJUDICED BY THE IMPOSITION OF OTHER SANCTIONS OR REMEDIES SHORT OF EXCLUSION.

V. WHETHER THE MILITARY JUDGE COMMITTED PREJUDICIAL ERROR WHEN HE FAILED TO SUA SPONTE GIVE UNCHARGED MISCONDUCT AND SPILLOVER INSTRUCTIONS.

VI. WHETHER THE CUMULATIVE EFFECT OF THE MULTIPLE ERRORS HEREIN REQUIRES REVERSAL. See United States v. Dollente, 45 MJ 234 (1996).

No. 01-0765/AR. U.S. v. Kendall L. SIMS. CCA 9900641. Review granted on the following issue: WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING APPELLANT'S CONVICTION OF INDECENT ACTS (1) WHEN APPELLANT, WITH CONSENT, MOMENTARILY TOUCHED THE BREASTS OF A FEMALE WHO MERELY LIFTED HER SHIRT WITHOUT REMOVING IT AND (2) WHEN THE CONSENSUAL ACT OCCURRED IN THE PRIVACY OF APPELLANT'S OWN ROOM WITH NO THIRD PARTY PRESENT AND WITH THE DOOR CLOSED.
PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0080/AF. U.S. v. Brandon J. LANCASTER. CCA 34439.

INTERLOCUTORY ORDERS

No. 01-0590/NA. U.S. v. Timothy J. ELLIS. CCA 98-0729. Appellant's motion to extend time to file final brief granted up to and including December 3, 2001; and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 01-0686/NA. U.S. v. Allen O. DOSS. CCA 99-1380. Appellant's motion to extend time to file final brief granted up to and including November 29, 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. 02-029
Thursday, November 15, 2001

INTERLOCUTORY ORDERS

No. 00-0633/AR.  U.S. v. Richard A. KINNEY.  CCA 9800451.
Appellee's motion to admit government appellate exhibit III granted.

No. 02-0029/MC.  U.S. v. Christopher M. COFFEY.  CCA 200001894.
Appellant's motion to extend time to file supplement to petition for grant of review granted to December 17, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-028
Wednesday, November 14, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0077/AR. U.S. v. Christopher R. KLINGENSTEIN. CCA 20000178.

No. 02-0078/AR. U.S. v. Brandon J. LATHAM. CCA 20010111.

No. 02-0079/MC. U.S. v. Michael BARLOW. CCA 200000258.

INTERLOCUTORY ORDERS

No. 00-0633/AR. U.S. v. Richard A. KINNEY. CCA 9800451. Appellee's second motion for additional time to file an answer to the order of the Court granted to November 27, 2001.

No. 02-0013/NA. U.S. v. Gregory G. GARCIA. CCA 200001451.
Appellant's motion to extend time to file supplement to petition for grant of review granted to December 12, 2001.

No. 02-0014/NA. U.S. v. Robbie A. DUNSON. CCA 200001379.
Appellant's motion to extend time to file supplement to petition for grant of review granted to December 12, 2001.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-027
Tuesday, November 13, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0073/AR. U.S. v. Robert A. BOWLER. CCA 20000339.

No. 02-0074/AR. U.S. v. Kovoki D. LOTT. CCA 20000947.

No. 02-0075/AF. U.S. v. Latonya D. SHATTEEN. CCA S29721.

No. 02-0076/AF. U.S. v. Frank E. JACKSON, Jr. CCA 34622.

MANDATES ISSUED

No. 00-0166/AF. U.S. v. Gary Q. DIMBERIO. CCA 33091.

No. 00-0319/NA. U.S. v. Ricky L. LAMBERT. CCA 97-2027.

No. 00-0499/AR. U.S. v. Guillermo A. QUINTANILLA. CCA 9601468.

No. 00-0632/AF. U.S. v. Donna L. BUTCHER. CCA 33519.

No. 00-0673/AF. U.S. v. Joshua L. BOLKAN. CCA 33508.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-026
Friday, November 09, 2001

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0067/MC. U.S. v. Luis M. MARTINEZRAMIREZ. CCA 200100957.

No. 02-0068/NA. U.S. v. Thomas M. FANELLI. CCA 9801975.

No. 02-0069/MC. U.S. v. Alexander S. HALL. CCA 200001801.

No. 02-0070/AF. U.S. v. Randell O. ALDERSON. CCA 34571.

No. 02-0071/AF. U.S. v. Minguet PHILIDOR Jr. CCA 33644.

No. 02-0072/AF. U.S. v. Shawn P. KELLY. CCA 34328.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 02-8004/AR. United States, appellee, v. Christopher J. KING, appellant. CCA 20010829. Writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on November 5, 2001, and placed on the docket this date.

PETITIONS FOR RECONSIDERATION DENIED

No. 00-0166/AF. United States, appellee, v. Gary Q. DIMBERIO, appellant. CCA 9900071. Appellant’s petition for reconsideration of the opinion of the Court (56 MJ 20 (2001)), denied.

No. 00-0319/NA. United States, appellee, v. Ricky L. LAMBERT, appellant. CCA 9900071. Appellant’s petition for reconsideration of the opinion of the Court (55 MJ 293 (2001)), denied.

No. 00-0673/AF. United States, appellee, v. Joshua L. BOLKAN, appellant. CCA 9900071. Appellant’s petition for reconsideration of the opinion of the Court (55 MJ 425 (2001)), denied.

INTERLOCUTORY ORDERS

No. 98-1089/AR. U.S. v. Sean G. GRIGORUK. CCA 9600949.
Appellant's second motion to extend time to file reply brief granted.

No. 01-0387/NA. U.S. v. Toro KHAMSOUK. CCA 9900711. Appellant's motion to extend time to file reply brief granted up to and including November 16, 2001; and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 02-0004/AR. U.S. v. Arnold E. WILLIAMS. CCA 9800741. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 5, 2001.

No. 02-0006/AR. U.S. v. Michael R. SPRANG. CCA 9900513.
Appellant's motion to extend time to file supplement to petition for grant of review granted to December 5, 2001.

No. 02-8004/AR. U.S. v. Christopher J. KING. CCA 20010829. Appellant's motion to file additional information granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-025
Thursday, November 08, 2001*/

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0534/AF. U.S. v. Tedio ALAMEDA, Jr. CCA 33529. Review granted on the following issues:

I. WHETHER THE FINDINGS AND SENTENCE SHOULD BE SET ASIDE
BECAUSE APPELLANT'S RIGHT TO REMAIN SILENT UNDER THE
FIFTH AMENDMENT WAS VIOLATED WHEN THE PROSECUTION
ELICITED TESTIMONY THAT APPELLANT DID NOT RESPOND
VERBALLY WHEN ARRESTED, AND WHEN THE PROSECUTION
COMMENTED ON THIS DURING FINAL ARGUMENT.

II. WHETHER THE FINDINGS AND SENTENCE SHOULD BE SET ASIDE
BECAUSE APPELLANT'S RIGHT TO REMAIN SILENT UNDER
ARTICLE 31(b), UCMJ, WAS VIOLATED WHEN THE PROSECUTION
ELICITED TESTIMONY THAT APPELLANT DID NOT RESPOND
VERBALLY WHEN ARRESTED, AND WHEN THE PROSECUTION
COMMENTED ON THIS DURING FINAL ARGUMENT.

No. 01-0675/NA. U.S. v. Sean M. WILLIAMS. CCA 200000895. Review granted on the following issue:
WHETHER THE COURT OF CRIMINAL APPEALS ERRED IN FAILING
TO REMAND THIS CASE TO THE CONVENING AUTHORITY FOR A
NEW COMMAND JUDGE ADVOCATE'S RECOMMENDATION AND
CONVENING AUTHORITY'S ACTION CONSISTENT WITH THE
ASSIGNMENT OF ERROR RAISED BELOW.
No. 01-0738/AF. U.S. v. Amanda L. GILBREATH. CCA 34091. Review granted on the following specified issues by the Court:
I. WHETHER IT WAS ERROR FOR THE STAFF JUDGE ADVOCATE TO
NOT SERVE ON THE DEFENSE AN ADDENDUM WHICH RECOMMENDED
THAT THE CONVENING AUTHORITY APPROVE THE SENTENCE
BECAUSE IT HAD BEEN ADJUDGED BY A "JURY."

II. WHETHER THE STAFF JUDGE ADVOCATE'S RECOMMENDATION TO
THE CONVENING AUTHORITY PROPERLY ADDRESSED THE
DIFFERENCES BETWEEN CLEMENCY AND SENTENCE
APPROPRIATENESS.

*/ This date represents another landmark in the history of this Court, and our celebration of the 50th Anniversary of the Uniform Code of Military Justice. After oral argument, conducted on September 8, the United States Court of Military Appeals issued its first decision, United States v. McCrary, 1 USCMA 1, 1 CMR 1 (1951), on November 8, 1951.
 
 

PETITIONS FOR GRANT OF REVIEW DENIED

No. 01-0661/CG. U.S. v. John D. ANDERSON. CCA 1138.

No. 01-0768/AF. U.S. v. Jeremy M. MORRISON. CCA 34190.

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0066/AR. U.S. v. Donald E. CAMERON. CCA 20010250.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-024
Monday, November 05, 2001

APPEALS - SUMMARY DISPOSITIONS

No. 01-0677/AF. U.S. v. Patrick A. JENTZSCH. CCA 33720. 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 granted and the decision of the United States Air Force Court of Criminal Appeals is affirmed. [See ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 01-0663/AR. U.S. v. Daniel E. MORGAN. CCA 9601890. Review granted on the following issue:

WHETHER THE RECORD OF TRIAL FAILS TO SHOW THAT
APPELLANT MADE A PERSONAL ELECTION OF FORUM IN THIS
CASE THUS CREATING A JURISDICTIONAL ERROR REQUIRING
REVERSAL.
No. 01-0677/AF. U.S. v. Patrick A. JENTZSCH. CCA 33720. [See APPEALS – SUMMARY DISPOSITIONS this date.]

No. 01-0750/MC. U.S. v. Thomas A. STEPHENS. CCA 00-1833. Review granted on the following issue:

WHETHER APPELLANT WAS PREJUDICED BY THE CONVENING
AUTHORITY'S FAILURE TO CONSIDER CLEMENCY MATERIAL
SUBMITTED BY THE TRIAL DEFENSE COUNSEL.
No. 01-0819/AF. U.S. v. David N. BARRETO. CCA 33948. Review granted on the following issues:
I. WHETHER THE MILITARY JUDGE ERRED IN DENYING THE
DEFENSE'S MOTION FOR ABATEMENT OF APPELLANT'S
COURT-MARTIAL PROCEEDINGS UNTIL SUCH TIME AS APPELLANT
WAS ABLE TO ADEQUATELY ASSIST IN HIS DEFENSE.

II. WHETHER THE MILITARY JUDGE ERRED IN DENYING THE
DEFENSE'S MOTION FOR ABATEMENT OF APPELLANT'S
COURT-MARTIAL PROCEEDINGS UNTIL SUCH TIME AS THE
GOVERNMENT WAS ABLE TO SECURE THE PRESENCE OF ESSENTIAL
WITNESSES.

PETITIONS FOR GRANT OF REVIEW FILED

No. 02-0063/AF. U.S. v. Jeriqus M. WINSTON. CCA S30001.

No. 02-0064/AF. U.S. v. Gary M. DELOSO. CCA 34208.

No. 02-0065/AF. U.S. v. Ryan W. DAVIS. CCA 33877.

INTERLOCUTORY ORDERS

No. 01-0057/AR. U.S. v. Kirk S. BYINGTON. CCA 9800580. Appellant's motion to submit appellant's matters pursuant to United States v. Grostefon, 12 MJ 431 (CMA 1982), denied.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-023
Friday, November 02, 2001

PETITIONS FOR GRANT OF REVIEW DENIED

No. 01-0679/AF. U.S. v. Michael G. LAPOINTE. CCA 34278.

No. 01-0799/AF. U.S. v. Joshua C. ORLAND. CCA 33890.

No. 01-0807/AF. U.S. v. Timothy S. WALTERS. CCA S29789.

No. 01-0818/AF. U.S. v. Shawn M. JONES. CCA 34035.

No. 01-0820/AF. U.S. v. Darrell R. CARPENTER. CCA 34281.

No. 01-0836/AR. U.S. v. Eric R. MOTLEY. CCA 20000247.

No. 01-0848/AF. U.S. v. Charles SHAW. CCA 34418.

No. 01-0856/AF. U.S. v. Linda C. PRETZMAN. CCA 34401.

No. 01-0876/AR. U.S. v. Matthew GALLARDO. CCA 20000575.

No. 01-0878/AR. U.S. v. Gregory L. BAKER. CCA 20000365.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 02-022
Thursday, November 01, 2001

INTERLOCUTORY ORDERS

No. 01-0295/AR. U.S. v. John S. STONEMAN. CCA 9800137.
Appellant's motion to extend time to file final brief granted.

No. 01-0802/AR. U.S. v. Ramon S. GUTIERREZ, Jr. CCA 9900509.
Appellant's second motion to extend time to file supplement to petition for grant of review granted.

No. 01-0877/AR. U.S. v. Dujuan M. SMITH. CCA 20010218. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 26, 2001.

No. 02-0032/MC. U.S. v. Eric D. BENNETT. CCA 200000440. Appellant's motion to attach pages granted.

No. 98-1089/AR. U.S. v. Sean G. GRIGORUK. CCA 9600949. Appellant's motion to extend time to file reply brief granted to November 5, 2001.


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