APPEALS - SUMMARY DISPOSITIONS
No. 03-0207/AF. U.S. v. William BLAKE Jr. CCA 34482. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, the petition is granted on the following issue raised by appellate defense counsel:
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0207/AF. U.S. v. William BLAKE Jr. CCA 34482. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 03-0257/AR. U.S. v. Tony B. CARMACK. CCA 20020628.
No. 03-0285/AR. U.S. v. Benjamin W. LAUDERBACK. CCA 20010012.
No. 03-0316/MC. U.S. v. Chester D. HARPER. CCA 200201712.
No. 03-0320/AR. U.S. v. Shemeika VAUGHN. CCA 20000142.
No. 03-0335/AR. U.S. v. Casey J. DISTEL. CCA 20020055.
No. 03-0339/AR. U.S. v. Adam T. WHITELAW. CCA 20010895.
No. 03-0345/AR. U.S. v. Kevin D. BANKS. CCA 20000920.
No. 03-0346/MC. U.S. v. James R. MONAGHAN. CCA 90-2552.
No. 03-0360/AR. U.S. v. Willie N. TAYLOR. CCA 20020886.
No. 03-0377/AF. U.S. v. Jennifer A. ELBOURN. CCA S30155.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0472/AR. U.S. v. Lawrence E. OUTLAW. CCA 20000553.
No. 03-0473/NA. U.S. v. Troy B. JENKINS. CCA 200101151.
No. 03-0474/AF. U.S. v. Christian S. CLARK. CCA S30112.
No. 03-0475/AF. U.S. v. Daniel W. COLLINS. CCA 35276.
No. 03-0476/AF. U.S. v. Shineda J. DAY. CCA 35289.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 03-8009/NA. Michael W. FRICKE, Petitioner, v. United States, Respondent. Petition for extraordinary relief in the nature of a writ of error coram nobis was filed under Rule 27(a) on May 7, 2003 and placed on the docket this date.
Misc. No. 03-8010/NA. Norbert Basil MacLean, III, Petitioner, v. United States, Respondent. Petition for extraordinary relief was filed under Rule 27(a) on May 20, 2003 and placed on the docket this date.
PETITIONS FOR RECONSIDERATION DENIED
No. 00-0301/MC. U.S. v. Glenn E. HURN. CCA 98-0200. Appellant's Petition for reconsideration is denied. [See also INTERLOCUTORY ORDERS this date.]
INTERLOCUTORY ORDERS
No. 00-0301/MC. U.S. v. Glenn E. HURN. CCA 98-0200. Appellant's motion for oral argument denied. [See also PETITIONS FOR RECONSIDERATION DENIED this date.]
No. 01-0664/AR. U.S. v. Dennis P. COLLINS. CCA 9900937. Appellant's motion to attach defense appellate exhibit N granted.
No. 02-0885/AF. U.S. v. Stephanie R. TRAUM. CCA 34225. Appellant's motion to extend time to file final brief granted up to and including June 12, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-5002/AR. U.S. v. Joshua M. FAGAN. CCA 20000891. Appellee's motion to extend time to file answer to final brief granted up to and including June 26, 2003; 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. 03-156
Thursday, May 29, 2003
PETITIONS FOR GRANT OF REVIEW DENIED
No. 03-0269/AF. U.S. v. Toni L. JACKSON. CCA S30113.*/
No. 03-0275/AR. U.S. v. David J. PRATT. CCA 20020410.
No. 03-0325/AR. U.S. v. Brandon L. MULLINAX. CCA 20020976.
No. 03-0331/AR. U.S. v. Clinton PERRY. CCA 20020515.
No. 03-0347/AR. U.S. v. William S. KRAMER. CCA 20020741.
No. 03-0348/AF. U.S. v. Rashard E. WARREN. CCA 35000.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0471/AR. U.S. v. Daniel D. COTTON. CCA 20020132.
____________
*/ It is directed that the promulgating order be corrected to reflect that the sentence included a fine and not a forfeiture of pay.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-155
Tuesday, May 27, 2003
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0279/NA. U.S. v. Jaime J. PINERO. CCA 20011373. Review granted on the following issue:
No. 97-0051/NA. U.S. v. Joie L. GILES. CCA 95-0903.*/
No. 03-0467/AR. U.S. v. John D. TYNES. CCA 9901093.
No. 03-0468/AR. U.S. v. Katrina D. MIDDLETON. CCA 20020406.
No. 03-0469/AR. U.S. v. Jason L. COOPER. CCA 20010808.
No. 03-0470/NA. U.S. v. Michael J. HENDERSON. CCA 200101752.
____________
*/ Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-154
Friday, May 23, 2003
PETITIONS FOR GRANT OF REVIEW DENIED
No. 03-0337/AF. U.S. v. Stephen L. CLEVENGER. CCA S30107.
No. 03-0349/AF. U.S. v. Joshua R. JOHNSTON. CCA 35255.
No. 03-0350/AF. U.S. v. Osbert HARRY. CCA 34978.
PETITIONS FOR GRANT OF REVIEW FILED
No. 00-0295/AF. U.S. v. Michael C. BROWN. CCA 32906.*/
No. 03-0448/MC. U.S. v. Kevin M. FOSTER. CCA 200202217.
No. 03-0449/MC. U.S. v. Robert S. RUIZ. CCA 200200482.
No. 03-0450/NA. U.S. v. Jennifer L. MCCROSSIN. CCA 200200709.
No. 03-0451/NA. U.S. v. Christopher R. KAMEL. CCA 200200796.
No. 03-0452/AF. U.S. v. David O. HODGE, II. CCA 35124.
No. 03-0453/AF. U.S. v. William C. LOWE. CCA S30218.
No. 03-0454/AF. U.S. v. Raymond M. ALLEN. CCA 34174.
No. 03-0455/AF. U.S. v. Bradly S. EARLS. CCA 34840.
No. 03-0456/AF. U.S. v. Jocelyn I. GAMBLE. CCA S30249.
No. 03-0457/AF. U.S. v. Sean H. GARDNER. CCA S30091.
No. 03-0458/AF. U.S. v. Torrance T. PATTERSON. CCA 34660.
No. 03-0459/AF. U.S. v. Noel PEREZ. CCA 35125.
No. 03-0460/AF. U.S. v. Joshua M. REDDING. CCA S30214.
No. 03-0461/AF. U.S. v. Matthew J. MODRA. CCA 35297.
No. 03-0462/AF. U.S. v. Shane A. LUCAS. CCA S30193.
No. 03-0463/AF. U.S. v. David L. WELKER, II. CCA 35137.
No. 03-0464/AF. U.S. v. Robert W. SMART. CCA S30159.
No. 03-0465/AR. U.S. v. Chad E. COOK. CCA 01-0939.
No. 03-0466/AR. U.S. v. Robin K. HINKLE. CCA 20000308.
____________
*/ Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-153
Thursday, May 22, 2003
PETITIONS FOR GRANT OF REVIEW DENIED
No. 03-0241/MC. U.S. v. David A. YBARRA. CCA 200200055.
No. 03-0247/NA. U.S. v. Marcus B. DANIELS. CCA 200200423.
No. 03-0248/NA. U.S. v. Jeffrey B. GATES. CCA 200101970.
No. 03-0258/AR. U.S. v. Brandon R. CATHER. CCA 20011073.
No. 03-0274/AR. U.S. v. Edward J. TIRADO. CCA 20020647.
No. 03-0277/AR. U.S. v. Alfonso VELASQUEZ. CCA 9901217.
No. 03-0295/AR. U.S. v. Terrance C. JOHNSON. CCA 20010521.
No. 03-0300/MC. U.S. v. Tracey L. WEBB. CCA 200201864.
No. 03-0312/NA. U.S. v. Jimmie L. HERBER. CCA 200201213.
No. 03-0317/MC. U.S. v. Michael J. PALMIERI. CCA 20000831.
No. 03-0319/AR. U.S. v. Curtis J. JONES. CCA 20011033.
No. 03-0324/AR. U.S. v. Phillip J. DELEON. CCA 20010976.
No. 03-0328/MC. U.S. v. Larry A. OLIVER. CCA 200000660.
No. 03-0352/AR. U.S. v. Jim ROBINSON. CCA 20010778.
INTERLOCUTORY ORDERS
No. 00-0559/AF. U.S. v. David E. GILLEY. CCA 32877. Appellee's motion to submit corrected page granted.
No. 03-0106/AF. U.S. v. Christopher D. WIEST. CCA 33964. Appellant's motion to extend time to file reply brief granted to May 30, 2003.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-152
Wednesday, May 21, 2003
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0141/AF. U.S. v. Clifford MASON. CCA 34677. Review granted on the following issue:
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0446/AR. U.S. v. Iren J. JONES. CCA 20021204.
No. 03-0447/MC. U.S. v. Tianda M. NELSON. CCA 200101286.
INTERLOCUTORY ORDERS
No. 03-0152/NA. U.S. v. Thomas W. DOWTY. CCA 9901701. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
No. 03-0300/MC. U.S. v. Tracey L. WEBB. CCA 200201864. Appellant's motion to attach granted.
No. 03-0366/AR. U.S. v. Gerald M. ATWATERS. CCA 9900187. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 23, 2003.
No. 03-0369/AR. U.S. v. Patrick L. SIMMONS. CCA 20000153. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 23, 2003.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-151
Tuesday, May 20, 2003
APPEALS - SUMMARY DISPOSITIONS
No. 98-0646/AR. U.S. v. John A. WEISBECK. CCA 9502215. On further consideration of the granted issue, 58 M.J. 184 (C.A.A.F. 2003), in light of United States v. Josey, 58 M.J. 105 (C.A.A.F. 2003), the decision of the United States Army Court of Criminal Appeals is affirmed.
No. 02-0413/MC. U.S. v. Steven M. KINZER II. CCA 200001092. On further consideration of the granted issue, 57 M.J. 437 (C.A.A.F. 2002), in light of United States v. Josey, 58 M.J. 105 (C.A.A.F. 2003), the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 03-0287/AR. U.S. v. Derek WALKER. CCA 20000718.
INTERLOCUTORY ORDERS
No. 02-0586/AR. U.S. v. William C. HARMS. CCA 9701529. Appellant's second motion to extend time to file supplement to petition for grant of review granted up to and including June 19, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0297/NA. U.S. v. Leahatonia BRUNSON. CCA 200001419. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 5, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0299/MC. U.S. v. David FUENTES. CCA 200001805. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 5, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0302/NA. U.S. v. Roscoe M. NICHOLAS. CCA 200102036. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 5, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0303/MC. U.S. v. Chad A. CHRONISTER. CCA 200101121. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 5, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0304/MC. U.S. v. Timothy S. GNIECH. CCA 200100479. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 5, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0305/MC. U.S. v. Francisco MENDOZA-VILLALOBOS. CCA 200100970. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 5, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0306/MC. U.S. v. Kevin J. SIMMS. CCA 200200250. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 5, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0307/NA. U.S. v. Brandon T. BOPP. CCA 200200334. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 5, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0315/NA. U.S. v. Lynn T. BRUNK. CCA 200001780. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 6, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0318/MC. U.S. v. Justin Z. WINDLE. CCA 200102049. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 6, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0363/MC. U.S. v. Jamie L. HANSEN. CCA 200100086. Appellee's motion to attach granted.
No. 03-0365/AR. U.S. v. Joseph C. NUGARA Jr. CCA 20010937. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 19, 2003.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-150
Monday, May 19, 2003
PETITIONS FOR GRANT OF REVIEW DENIED
No. 03-0216/AR. U.S. v. Patrick S. HELTON. CCA 20000241.
No. 03-0226/AF. U.S. v. Thomas L. JONES. CCA 35181.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0440/MC. U.S. v. Khouanchay KEOVONGSACK. CCA 200101334.
No. 03-0441/NA. U.S. v. Jeremy ESCOLAR. CCA 200001531.
No. 03-0442/MC. U.S. v. Rodriquez G. LEE. CCA 200201012.
No. 03-0443/MC. U.S. v. Edward E. TABARES. CCA 200201693.
No. 03-0444/MC. U.S. v. Patrick S. SULLIVAN. CCA 200201371.
No. 03-0445/MC. U.S. v. Michael S. WILLIAMS. CCA 200200378.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-149
Friday, May 16, 2003
APPEALS - SUMMARY DISPOSITIONS
No. 02-0225/AF. U.S. v. Cecil A. COOK. CCA 34463. 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 also ORDERS GRANTING PETITION FOR REVIEW THIS DATE.]
ORDERS GRANTING PETITION FOR REVIEW
No. 02-0225/AF. U.S. v. Cecil A. COOK. CCA 34463. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 03-0268/AF. U.S. v. Joseph A. DYE. CCA 35229.
No. 03-0280/AF. U.S. v. Nathan A. WINTER. CCA 34862.
No. 03-0289/AF. U.S. v. Crystal D. DINOVI. CCA 35021.
No. 03-0292/AF. U.S. v. Robert S. STORCH. CCA 35324.
No. 03-0333/AF. U.S. v. Dana M. VOGEL. CCA 35261.
PETITIONS FOR GRANT OF REVIEW FILED
No. 01-0751/MC. U.S. v. Michael D. SHEPPERD. CCA 200100080.*/
INTERLOCUTORY ORDERS
No. 03-0281/NA. U.S. v. David D. WILLIAMS. CCA 88-1900. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including June 2, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
MANDATES ISSUED
No. 01-0653/AF. U.S. v. Christopher T. MILES. CCA 34094.
________
*/ Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-148
Thursday, May 15, 2003
APPEALS - SUMMARY DISPOSITIONS
No. 02-0938/AF. U.S. v. Andrew J. BROZZO. CCA 34542. 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 on the following issue:
ORDERS GRANTING PETITION FOR REVIEW
No. 02-0938/AF. U.S. v. Andrew J. BROZZO. CCA 34542. [See also APPEALS – SUMMARY DISPOSITIONS this date.]
PETITIONS FOR GRANT OF REVIEW DENIED
No. 03-0179/MC. U.S. v. Larry A. OLIVER. CCA 200000661.
No. 03-0253/AR. U.S. v. Carl T. RIGGS III. CCA 20020084.
No. 03-0276/MC. U.S. v. Juan A. ALVAREZ. CCA 200201868.
No. 03-0282/AR. U.S. v. Matthew R. GREY. CCA 20000633.
No. 03-0286/AR. U.S. v. Jonathan L. CRAWFORD. CCA 20020344.
No. 03-0296/NA. U.S. v. Jesse E. BATY. CCA 200201397.
No. 03-0298/MC. U.S. v. Jim B. LEACH. CCA 200100931.
No. 03-0301/MC. U.S. v. Robert J. BAHN. CCA 200201754.
No. 03-0308/MC. U.S. v. Michael A. BOYERDONAYRE. CCA 200201721.
No. 03-0309/NA. U.S. v. Lance J. DAUZAT. CCA 200200004.
No. 03-0310/MC. U.S. v. Jose L. OSORNIO. CCA 200201726.
No. 03-0311/MC. U.S. v. Ray K. SCOTT. CCA 200000505.
No. 03-0329/AR. U.S. v. Mark E. MCCRAE. CCA 20010940.
No. 03-0359/AR. U.S. v. Jason R. AYALA. CCA 20010432.
INTERLOCUTORY ORDERS
No. 02-0407/AF. U.S. v. Jerald D. TILTON. CCA 33816. Appellant's motion for leave to file second petition for reconsideration denied.
No. 03-8007/AR. Dwight J. LOVING, Petitioner, v. United States, Respondent. CCA 8901123. Petitioner’s motion to admit counsel pro hac vice granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-147
Wednesday, May 14, 2003
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0435/AR. U.S. v. Antorius V. FELDER. CCA 20010877.
No. 03-0436/AR. U.S. v. Kevin E. CASTILLO. CCA 20020083.
No. 03-0437/AR. U.S. v. Christopher S. WAGNER. CCA 20020739.
No. 03-0438/AR. U.S. v. Erick R. BROWN. CCA 20020142.
No. 03-0439/MC. U.S. v. David E. CASTILE. CCA 200200821.
INTERLOCUTORY ORDERS
No. 03-0354/MC. U.S. v. Jeremy M. HALPIN. CCA 200201977. Appellant's motion to file supplement to petition for grant of review out of time granted.
No. 03-0355/MC. U.S. v. Josephus MOORE. CCA 200102053. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 12, 2003.
No. 03-0356/NA. U.S. v. Frederick L. WHITE. CCA 200200236. Appellant's motion to file supplement to petition for grant of review out of time granted.
No. 03-0357/MC. U.S. v. Michael L. CUNNINGHAM. CCA 200101486. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 12, 2003.
No. 03-0361/AR. U.S. v. David R. THOMPSON. CCA 2000342. Appellant's motion to extend time to file supplement to petition for grant of review granted to June 4, 2003.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-146
Tuesday, May 13, 2003
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0433/CG. U.S. v. Darrell R. STIREWALT. CCA 1089.
No. 03-0434/NA. U.S. v. Nathan L. LOGAN. CCA 200201604.
INTERLOCUTORY ORDERS
No. 03-0271/AF. U.S. v. Douglas L. SAFERITE, Jr. CCA 34378. Appellant's motion to submit documents denied and Appellee's motion to strike granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-145
Monday, May 12, 2003
HEARINGS
No. 03-0025/AR. U.S. v. Kenji M. MAPES. CCA 9900592.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0429/AF. U.S. v. Keith E. BONIFACE. CCA 35128.
No. 03-0430/AF. U.S. v. Jonathan P. IKERIONWU. CCA 35271.
No. 03-0431/AF. U.S. v. Scott A. IMONDI. CCA S30077.
No. 03-0432/AF. U.S. v. Chandra M. JANES. CCA S30250.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-144
Friday, May 09, 2003
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0419/MC. U.S. v. Jose L. CASTORENA. CCA 200200200.
No. 03-0420/MC. U.S. v. Joshua A. LOCKHART. CCA 200100427.
No. 03-0421/MC. U.S. v. Jason B. GROSS. CCA 200000962.
No. 03-0422/MC. U.S. v. Scott H. ADAMS. CCA 200202033.
No. 03-0423/MC. U.S. v. Everett SANSOSIE. CCA 200100845.
No. 03-0424/MC. U.S. v. Christopher E. PEREZ. CCA 200200982.
No. 03-0425/MC. U.S. v. David V. ARIZPE. CCA 200201945.
No. 03-0426/MC. U.S. v. Merlin S. MOSS. CCA 200201104.
No. 03-0427/AF. U.S. v. Joseph L. LUNA. CCA S30122.
No. 03-0428/AF. U.S. v. Damien R. PERRY. CCA 35279.
INTERLOCUTORY ORDERS
No. 02-0941/AR. U.S. v. Wilson L. McCRIMMON. CCA 20000075. Appellant's motion to attach granted.
No. 03-0220/AR. U.S. v. Henry D. MONTEZ. CCA 20000199. Appellant's motion to file supplement to petition for grant of review out of time granted.
No. 03-0256/AR. U.S. v. Jacob M. BOWLEY. CCA 20000093. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including May 27, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-0281/NA. U.S. v. David D. WILLIAMS. CCA 88-1900. Appellant's motion to extend time to file supplement to petition for grant of review granted to May 16, 2003.
No. 03-0389/NA. U.S. v. Alvin N. CUENTO. CCA 200100281. Appellant's motion for extension of time to file supplement to petition for grant of review granted to June 27, 2003.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-143
Thursday, May 08, 2003
RULE CHANGE
In Re ELECTRONIC FILING
Effective May 15, 2003, the Court will permit counsel, at their discretion, to file the following pleadings electronically or in writing:
a) a motion for a first enlargement of time to fileCounsel electing to file such a motion in writing shall conform to the Rules of Practice and Procedure of this Court. Counsel electing to file electronically shall comply with applicable instructions issued by the Clerk of the Court and available on the Court’s web site: www.armfor.uscourts.gov.
a supplement to the petition or an answer thereto
under Rule 21; orb) a motion for a first enlargement of time by either
party to file a brief under Rule 24. This Order does
not apply to motions for enlargement for reply briefs.
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0418/AR. U.S. v. Nathan S. SCHULLER. CCA 20020692.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-142
Wednesday, May 07, 2003
APPEALS - SUMMARY DISPOSITIONS
No. 02-0828/AR. U.S. v. Nicky A. THOMPSON. CCA 9600798. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, said petition is 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. 02-0828/AR. U.S. v. Nicky A. THOMPSON. CCA 9600798. [See also APPEALS – SUMMARY DISPOSITIONS THIS DATE.]
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0416/AR. U.S. v. John E. SAXON. CCA 20010643.
No. 03-0417/AR. U.S. v. Samuel SMITH. CCA 20011000.
INTERLOCUTORY ORDERS
No. 03-8007/AR. Dwight J. LOVING, Petitioner, v. United States, Respondent. CCA 8901123. Respondent's request for enlargement of time to show cause why relief should not be granted is granted up to and including June 16, 2003; and absent extraordinary circumstances, no further enlargements of time will be granted in this case..
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-141
Tuesday, May 06, 2003
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0139/MC. U.S. v. James L. SMITH. CCA 200100147. Review granted on the following issue:
No. 03-0415/AR. U.S. v. James E. RIGGINS. CCA 20020782.
INTERLOCUTORY ORDERS
No. 68033/AR. Dwight J. LOVING, Petitioner, v. United States, Repondent. CCA 8901123. Petitioner's motion to withdraw motion for leave to file petition for reconsideration out of time granted.
No. 03-0259/AR. U.S. v. Arthur MASON, Jr. CCA 9601811. Appellant's second motion for extension of time to file supplement to petition for grant of review granted, but only up to and including May 22, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.
No. 03-8007/AR. Dwight J. LOVING, Petitioner, v. United States, Respondent. CCA 8901123. Motion filed by the National Institute of Military Justice for leave to file amicus curiae brief granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-140
Monday, May 05, 2003
ORDERS GRANTING PETITION FOR REVIEW
No. 03-0174/AF. U.S. v. Lamont A. MANN. CCA S30022. Review granted on the following issue:
No. 03-0409/MC. U.S. v. Ronald J. SMITH. CCA 81-1879.
No. 03-0410/AR. U.S. v. Matthew J. JANKOWSKI. CCA 20020762.
No. 03-0411/AF. U.S. v. Joseph E. BUCHERT. CCA 35114.
No. 03-0412/AF. U.S. v. Barry L. HAMILTON. CCA 35053.
No. 03-0413/AF. U.S. v. Thelma HERRERA. CCA 35290.
No. 03-0414/AF. U.S. v. Jonathan M. GALKA. CCA 35322.
INTERLOCUTORY ORDERS
No. 01-0664/AR. U.S. v. Dennis P. COLLINS. CCA 9900937. Appellant's second motion to extend time to respond to Government's brief on specified issue granted up to and including May 9, 2003; 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. 03-139
Friday, May 02, 2003
ORDERS GRANTING PETITION FOR REVIEW
No. 02-0885/AF. U.S. v. Stephanie R. TRAUM. CCA 34225. Review granted on the following issues:
I. WHETHER APPELLANT'S STATEMENTS TO SPECIAL AGENT KRAUS
SHOULD HAVE BEEN SUPPRESSED BECAUSE:A. THE REQUEST BY AGENTS OF THE AFOSI THAT APPELLANT SUBMIT TO A POLYGRAPH EXAMINATION CONVERTED THEIR DISCUSSION INTO OFFICIAL QUESTIONING DURING WHICH APPELLANT COULD INVOKE HER RIGHT TO REMAIN SILENT; AND II. WHETHER THE MILITARY JUDGE COMMITTED PREJUDICIAL ERROR BY ALLOWING THE PROSECUTION EXPERT WITNESS, DR. COOPER, TO TESTIFY AS TO INADMISSIBLE STATISTICAL PROFILE EVIDENCE AND TO VOICE A MEDICAL OPINION OF HOMICIDE LARGELY BASED UPON APPELLANT'S CONDUCT.B. APPELLANT'S STATEMENT THAT SHE DID NOT WISH TO DISCUSS THE EVENTS OF THE NIGHT HER DAUGHTER DIED WAS AN INVOCATION OF HER RIGHT TO REMAIN SILENT, THUS REQUIRING THAT THE AFOSI AGENTS SCRUPULOUSLY HONOR HER REQUEST TO REMAIN SILENT.
III. WHETHER THIS COURT SHOULD ORDER NEW POST-TRIAL PROCESSING WHERE THE STAFF JUDGE ADVOCATE'S RECOMMENDATION INCORRECTLY ADVISED THE CONVENING AUTHORITY ON THE MAXIMUM AUTHORIZED PUNISHMENT.
No. 03-0407/NA. U.S. v. Iredell W. BOULDIN. CCA 200101583.
No. 03-0408/AF. U.S. v. Kaream A. MOORE. CCA 35071.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 03-138
Thursday, May 01, 2003
PETITIONS FOR GRANT OF REVIEW FILED
No. 03-0404/MC. U.S. v. Christopher G. MANCILLIA. CCA 200200636.
No. 03-0405/NA. U.S. v. Brian W. BRANTLEY. CCA 9800606.
No. 03-0406/NA. U.S. v. Daniel C. MAHONEY. CCA 9900147.
MISCELLANEOUS DOCKET - FILINGS
Misc. No. 03-8008/AF. United States, Appellee, v. Christopher A. FLEMING, Appellant. CCA 003-01. 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 6, 2003 and placed on the docket this date.
INTERLOCUTORY ORDERS
No. 00-0559/AF. U.S. v. David E. GILLEY. CCA 32877. On consideration of the petition for grant of review in the above-entitled case, this Court notes that there are no pleadings in the record of trial indicating that Appellant was represented by counsel before the court below. This Court mandated that Appellant's case would be returned to the Air Force Court of Criminal Appeals for further review upon completion of the new convening authority's action. United States v. Gilley, 56 M.J. 113, 125 (C.A.A.F. 2001). The new action was accomplished on June 26, 2002. Thereafter, Appellant's case was returned to the Air Force Court of Criminal Appeals on July 25, 2002, and the court's opinion was rendered on August 3, 2002. The record of trial does not disclose that Appellant was afforded the right to file an assignment of error to the court below prior to its further review. Rule 15(b) of the Courts of Criminal Appeals Rules of Practice and Procedure provides that an accused shall have 60 days to file an assignment of error. The record before this Court does not reflect that a brief was filed, that the case was submitted on the merits, or that the time for filing of the briefs had expired. It appears that the decision of the Air Force Court of Criminal Appeals may have been premature. Accordingly, it is ordered that counsel for the United States show cause on or before June 2, 2003, why the decision of the Air Force Court of Criminal Appeals should not be set aside and the case remanded to that court for further review in accordance with Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (2000).