UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-139
Wednesday,
April 30, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0162/AR.
No.
08-0208/AF.
No.
08-0269/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0522/AR.
No.
08-0523/NA.
No.
08-0524/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-138
Tuesday,
April 29, 2008
APPEALS - SUMMARY
DISPOSITIONS
No.
08-0283/MC.
WHETHER THE
MEMBERS ERRED WHEN THEY FOUND APPELLANT
GUILTY OF STEALING ‘MILITARY’ PROPERTY IN
ORDERS GRANTING PETITION
FOR REVIEW
No.
08-0283/MC.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0521/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-137
Monday,
April 28, 2008
APPEALS-SUMMARY DISPOSITIONS
No.
08-0247/NA.
Whether
the lower court
properly held that it could rely on the convening authority’s
forwarding of the
record of trial to the Navy-Marine Corps Appellate Review Activity
(NAMARA) as
evidence of ambiguity in the approval of Appellant’s bad-conduct
discharge.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0509/AR.
No.
08-0510/AR.
No.
08-0511/AR.
No.
08-0512/AR.
No.
08-0513/AR.
No.
08-0514/AR.
No.
08-0515/AF.
No.
08-0516/AF.
No.
08-0517/AF.
No.
08-0518/AF.
No.
08-0519/AF.
No.
08-0520/NA.
INTERLOCUTORY ORDERS
No.
08-0431/AR.
No.
08-0440/MC.
No.
08-0444/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-136
Friday,
April 25, 2008
APPEALS - SUMMARY
DISPOSITIONS
No.
06-0360/AF.
No. 06-0918/MC.
No.
07-0600/NA.
No.
07-0601/MC.
No.
98-0497/NA.
ORDERS GRANTING PETITION FOR REVIEW
No.
06-0360/AF.
No.
06-0918/MC.
No.
07-0600/NA.
No.
07-0601/MC.
No.
98-0497/NA.
No.
08-0072/AF.
WHETHER THE
MILITARY JUDGE
ERRED IN DENYING APPELLANT'S MOTION TO SUPPRESS BECAUSE THE MILITARY
MAGISTRATE
HAD NO PROBABLE CAUSE TO ISSUE THE SEARCH.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 08-0023/NA.
No. 08-0057/NA.
No. 08-0096/AR.
No. 08-0103/MC.
No. 08-0139/AF.
No. 08-0141/AF.
No. 08-0153/AF.
No. 08-0155/AF.
No. 08-0191/NA.
No. 08-0205/AF.
No. 08-0212/NA.
No. 08-0227/MC.
No. 08-0239/AF.
No. 08-0251/AF.
No. 08-0263/AR.
No. 08-0264/AR.
No. 08-0286/AF.
No. 08-0288/AR.
No. 08-0317/NA.
No. 08-0354/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0505/AF.
No. 08-0506/AF.
No. 08-0507/AR.
No. 08-0508/AR.
MANDATES ISSUED
No. 07-6004/AR.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-135
Thursday,
April 24, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No. 07-0793/AR.
No. 07-0844/AR.
No. 08-0040/NA.
No. 08-0066/AF.
No. 08-0097/AR.
No. 08-0101/AR.
No. 08-0102/MC.
No. 08-0111/AF.
No. 08-0115/AF.
No. 08-0130/AF.
No. 08-0160/AR.
No. 08-0167/AR.
No. 08-0176/AR.
No. 08-0210/AF.
No. 08-0231/AF.
No. 08-0253/NA.
No. 08-0266/AR.
No. 08-0268/AF.
No. 08-0323/AR.
No. 08-0367/AR.
No. 08-6003/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0503/AR.
No. 08-0504/AR.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
08-8010/AF. Jose A. Cossio, Jr., Appellant
v. United
States and Air Force Court of Criminal Appeals, Appellees.
CCA 36206.
On consideration of the writ-appeal petition, said petition is
denied.
INTERLOCUTORY ORDERS
No. 06-0918/MC.
No. 07-0401/NA.
No. 07-0602/NA.
No. 07-0870/AF.
No. 07-6004/AR.
No. 08-0225/AR.
No. 08-0230/AR.
No. 08-0321/AR.
No. 08-0416/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-134
Wednesday,
April 23, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 08-0215/NA.
Accordingly, it
is ordered that review is granted on the following issue:
WHETHER
THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS FAILED TO CONDUCT A
PROPER
REVIEW UNDER ARTICLE 66(c), UCMJ, 10 U.S.C. SECTION 866(c), WHERE, IN
ITS
RENDITION OF THE FACTS OF THE CASE, THAT COURT APPEARS TO HAVE
CONSIDERED
EVIDENCE FROM OUTSIDE THE RECORD. SEE UNITED
STATES v. BEATTY, 64 M.J. 456 (C.A.A.F. 2007).
The decision
of the United States Navy-Marine Corps Court of Criminal Appeals is set
aside. The record of trial is returned
to the Judge Advocate General of the Navy for remand to the Court of
Criminal
Appeals for a new review under Article 66(c), UCMJ.
[See
also ORDERS GRANTING PETITION FOR REVIEW this
date.]
ORDERS GRANTING PETITION FOR REVIEW
No. 08-0215/NA.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0336/AR.
No.
08-0362/AR.
No.
08-0405/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
05-0674/AR.
No.
08-0498/AR.
No.
08-0499/AR.
No. 08-0500/AR.
No.
08-0501/AR.
No.
08-0502/AR.
INTERLOCUTORY
ORDERS
No.
08-0158/AR.
Appellant's
motion
to extend time to file a brief granted, but
only up to and including May 9, 2008, and
absent extraordinary circumstances, no further extension of time
will be granted in this case.
No.
08-0411/AR.
No.
08-0417/AR.
No.
08-0422/AR.
__________________________
* Second
petition filed in this case.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-133
Tuesday,
April 22, 2008
CERTIFICATES FOR
REVIEW FILED
No.
08-5006/CG.
WHETHER
THE COAST GUARD COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE
ACCUSED
RAISED SUFFICIENT FACTS DURING THE PLEA INQUIRY REQUIRING THE MILITARY
JUDGE TO
EXPLAIN SELF-DEFENSE
Appellant
will file a brief under Rule 22(b) in support of said certificate on or
before
the 22nd day of May, 2008.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0497/NA.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc. No.
08-8012/AR. William J. Kreutzer, Jr.,
Appellant v. Col Patrick J. Parrish, Col Thomas E. Ayers, Staff Judge
Advocate,
LTG Lloyd J. Austin, III, Commander, XVIII Airborne Corps and Fort
Bragg, Fort
Bragg, North Carolina, (Convening Authority for General Court-Martial),
and
United States, Appellees. CCA 2008005. On consideration
of the writ-appeal petition, it is
ordered that said petition is hereby denied without prejudice to
Appellant’s
right to raise the issue asserted during the course of normal appellate
review. CCA 2008005.
I would grant
partial relief by ordering that Appellee
take no steps to preclude an employee of the defense from attending the
Article
32, Uniform Code of Military Justice, 10 U.S.C. § 832 (2000), hearing,
as a
member of the public and from transcribing the proceedings, subject to
the
investigating officer’s power to exercise reasonable control over
members of
the public attending the proceedings.
INTERLOCUTORY ORDERS
No.
07-0401/NA.
No.
08-0353/NA.
MANDATES ISSUED
No.
07-0503/MC.
No.
07-0690/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-132
Monday,
April 21, 2008
PETITIONS FOR GRANT OF
REVIEW FILED
No.
08-0492/AR.
No.
08-0493/AR.
No.
08-0494/AF.
No.
08-0495/NA.
No.
08-0496/MC.
MISCELLANEOUS DOCKET - FILINGS
Misc. No.
08-8017/CG. Daniel A. Garcia, Appellant
v. RADM J.E. Crowley, Jr., USCG Convening Authority, Appellee. CCA 004-08.
Notice is hereby given that a writ-appeal petition for review of
the
decision of the United States Coast Guard Court of Criminal Appeals on
application
for extraordinary relief was filed under Rule 27(b) on April 17, 2008,
and
placed on the docket this date.
MANDATES ISSUED
No.
07-0508/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-131
Thursday,
April 17, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0233/AF.
No.
08-0276/AR.
No.
08-0293/AR.
No.
08-0320/AR.
No.
08-0327/AR.
No.
08-0346/AR.
No.
08-0369/AR.
DAILY
JOURNAL
No.
08-130
Wednesday,
April 16, 2008
APPEALS-SUMMARY DISPOSITIONS
No.
07-0148/AR.
No.
07-0363/NA.
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0177/AR.
No.
08-0259/AR.
No.
08-0289/AR.
No.
08-0290/AR.
No.
08-0314/AR.
No.
08-0333/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0489/AR.
No.
08-0490/MC.
No.
08-0491/AF.
INTERLOCUTORY ORDERS
No.
07-0636/AR.
No.
08-0400/AR.
No.
08-0403/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-129
Monday,
April 14, 2008
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0484/AR.
No.
08-0485/AR.
No.
08-0486/AR.
No.
08-0487/AF.
No.
08-0488/AF.
INTERLOCUTORY ORDERS
No.
08-0365/AR.
No.
08-0398/AR.
MANDATES ISSUED
No.
07-8012/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-128
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0479/AR.
No. 08-0480/AR.
No.
08-0481/AF.
No.
08-0482/AF.
No.
08-0483/AR.
MISCELLANEOUS DOCKET – FILINGS
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-127
Thursday,
April 10, 2008
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0262/AR.
MANDATES ISSUED
No.
07-0322/CG.
No.
08-5002/AF.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-126
Wednesday,
April 9, 2008
MISCELLANEOUS DOCKET -
FILINGS
Misc. No.
08-8014/NA. Fernando GARCIA, Petitioner,
v.
Misc. No.
08-8015/AR. Craig E. WATERMAN,
Petitioner, v.
INTERLOCUTORY ORDERS
No.
08-0385/AR.
No.
08-0395/AR.
No.
08-0409/NA.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-125
Tuesday,
April 8, 2008
HEARINGS
No.
07-0269/AR.
ORDERS GRANTING PETITION FOR REVIEW
No.
08-0366/AR.
* It is directed
that the promulgating
order be corrected to reflect the convening authority’s action as
follows:
In the case
of Private First Class Jaime D. Gonzalez, United States Army, A
Company, 304th
Signal Battalion, 1st Signal Brigade, APO AP 96205, the sentence is
approved
and, except for that part extending to a bad-conduct discharge, will be
executed.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0476/AR.
No.
08-0477/AR.
No.
08-0478/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-124
Monday,
April 7, 2008
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0241/AR.
No.
08-0282/NA.
No.
08-0287/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0466/CG.
No.
08-0467/AR.
No.
08-0468/AR.
No.
08-0469/AR.
No.
08-0470/AR.
No.
08-0471/AR.
No.
08-0472/AF.
No.
08-0473/AF.
No.
08-0474/AR.
No.
08-0475/AR.
MANDATES ISSUED
No.
06-0908/NA.
No.
07-0135/MC.
No.
07-0495/MC.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-123
Friday,
April 4, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0172/AR.
No.
08-0201/AR.
No.
08-0255/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0461/AR.
No.
08-0462/AR.
No.
08-0463/AR.
No.
08-0464/AR.
No.
08-0465/MC.
PETITIONS FOR RECONSIDERATION DENIED
No.
07-8012/NA.
Jacob DENEDO v.
INTERLOCUTORY ORDERS
No.
08-0376/MC.
No.
08-0380/AR.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-122
Thursday,
April 3, 2008
PETITIONS FOR GRANT OF
REVIEW DENIED
No.
08-0108/AR.
No.
08-0303/AR.
No.
08-0313/AF.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0460/AR.
INTERLOCUTORY ORDERS
NO. 08-8008/NA.
Kamil Abdirahman, Petitioner v.
SPECIAL DOCKET MATTERS
No.
08-08. In the Matter
of Harvey J. Volzer. It appearing that
the
above-named attorney is a member of the Bar of this Court, that he has
been
suspended indefinitely from the practice of law before the U.S. Army
Court of
Criminal Appeals by the Assistant Judge Advocate General of the Army,
that on
February 14, 2008, pursuant to Rule 15(b), Rules of Practice and
Procedure,
United States Court of Appeals for the Armed Forces, said attorney was
suspended from the practice of law before the Court and was directed to
show
cause by March 17, 2008, why he should not be disbarred, and that no
matters
have been provided by said attorney, and considering the serious nature
of his
misconduct, it is ordered that Harvey J. Volzer is hereby suspended
indefinitely from the practice of law before this Court this date.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-121
Wednesday,
April 2, 2008
ORDERS GRANTING
PETITION FOR REVIEW
No. 07-0813/NA.
WHETHER THE
MILITARY JUDGE
FAILED TO ESTABLISH THAT APPELLANT TOOK ANY SUBSTANTIAL STEP BEYOND
MERE PREPARATION
TO CROSS THE CRIMINALITY THRESHOLD OF "ATTEMPT," THUS RENDERING THE
PLEA OF GUILTY TO CHARGE II, SPECIFICATION 2, IMPROVIDENT.
Briefs will be
filed under
Rule 25.
No. 08-0246/NA.
WHETHER THE LOWER
COURT
ERRED IN NOT MANDATING A NEW STAFF JUDGE
ADVOCATE
RECOMMENDATION IN COMPLIANCE WITH RULE FOR COURTS-MARTIAL 1106(f) BE
SERVED ON APPELLANT'S
TRIAL DEFENSE COUNSEL AFTER IT REMANDED APPELLANT'S CASE TO A NEW
CONVENING
AUTHORITY FOR CLARIFICATION OF AN AMBIGUOUS ACTION.
Briefs will be
filed under
Rule 25.
PETITIONS FOR GRANT OF REVIEW DENIED
No. 07-0774/AR.
No. 07-0817/NA.
No. 08-0077/AR.
No. 08-0094/AR.
No. 08-0325/AR.
No. 08-6002/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No. 08-0458/AR.
No. 08-0459/AF.
MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS
Misc.
No. 08-8009/AR.
PETITION FOR RECONSIDERATION DENIED
No.
07-6004/AR.
No. 07-0322/CG.
UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
08-120
Tuesday,
April 1, 2008
APPEALS - SUMMARY
DISPOSITIONS
No. 07-0776/AR.
ORDERS GRANTING PETITION FOR REVIEW
No. 07-0776/AR.
PETITIONS FOR GRANT OF REVIEW DENIED
No.
08-0020/AR.
PETITIONS FOR GRANT OF REVIEW FILED
No.
08-0456/AR.
No.
08-0457/AR.
No.
08-6004/AR.
INTERLOCUTORY ORDERS
No.
05-0159/AR.
No.
07-0795/AF.
No.
08-0365/AR.
No.
08-0368/AR.