| Coast Guard Court of Criminal Appeals | MORTON V CAPT JUDGE ORDER | Petitioner, who is undergoing trial by court-martial, has filed a petition for extraordinary relief styled as a request for relief in the nature of a writ of mandamus or, in the alternative, a writ of prohibition. He seeks a stay of proceedings pending further action by this Court. He seeks a writ of mandamus directing the trial judge to grant funding for a defense investigator, compel depositions for certain witnesses, suppress the testimony of certain other witnesses, and compel the production of a complainant’s diary, or, in the alternative, to prohibit the trial from going forward until the requested relief has been granted. Petitioner also requests the appointment of appellate defense counsel to assist his civilian counsel. Petitioner also filed a Motion to Amend Brief in Support of Petition and Motion to Amend Petition on 7 September 2007. It is, by the Court, this 18th day of September, 2007, | MISC. DOCKET N0. 003-07 | Coast Guard Court of Criminal Appeals | 9/18/2007 | 9/18/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V YANGER - 66 MJ 534 | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of wrongfully using cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of involuntary manslaughter, in violation of Article 119, UCMJ. The military judge sentenced Appellant to reduction to E-1, forfeiture of all pay and allowances, confinement for six years, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged and suspended the execution of confinement in excess of forty-three months for eighteen months from the date the accused is released from confinement, pursuant to the terms of the pretrial agreement. The Convening Authority also credited Appellant with 105 days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1271 | Coast Guard Court of Criminal Appeals | 3/21/2008 | 3/21/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SMITH - 66 MJ 556 | Appellant was tried by general court-martial composed of members. Contrary to his pleas, Appellant was convicted of one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of attempted failure to obey a lawful order, in violation of Article 80, UCMJ; one specification of sodomy, in violation of Article 125, UCMJ; one specification of extortion, in violation of Article 127, UCMJ; and one specification of indecent assault, in violation of Article 134, UCMJ. The court sentenced Appellant to a dismissal, confinement for six months, and forfeiture of all pay and allowances. The Convening Authority approved the sentence as adjudged. | Docket No. 1275 | Coast Guard Court of Criminal Appeals | 4/9/2008 | 4/9/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | GARCIA V RADM CROWLEY (WRIT) ORDER | Petitioner, who has been charged with offenses under the Uniform Code of Military Justice (UCMJ) that are scheduled to be investigated under Article 32, UCMJ, has filed a petition for extraordinary relief styled as a request for relief in the nature of a writ of mandamus or, in the alternative, a writ of prohibition.
He seeks an emergency order staying the Article 32, UCMJ, investigation pending action by this Court on the petition. He seeks a writ of mandamus ordering Respondent to detail a reporter to the investigation at no cost to the Petitioner and to provide Petitioner with a copy of the audiotapes or a transcript; or, in the
alternative, a writ of prohibition prohibiting Respondent from preventing the defense from preparing a privileged transcript of the proceeding. Petitioner also requests this Court to appoint appellate defense counsel. It is, by the Court, this 16th day of April, 2008, | MISC. DOCKET N0. 004-08 | Coast Guard Court of Criminal Appeals | 4/16/2008 | 4/16/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V RAMOS - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of dereliction of duty, in violation of Article 92, UCMJ; one specification each of wrongful use and wrongful distribution of marijuana, in violation of Article 112a, UCMJ; and one specification of unauthorized absence, in violation of Article 86, UCMJ. The military judge sentenced Appellant to confinement for four months, reduction to E-1, forfeiture of $784 per month for four months, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1272 | Coast Guard Court of Criminal Appeals | 4/30/2008 | 4/30/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BONILLA - 66 MJ 654 | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of absenting himself and remaining absent from his place of duty, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification each of wrongfully using and distributing marijuana, in violation of Article 112a, UCMJ; and one specification of willfully damaging, without proper authority, military property of the United States, in violation of Article 108, UCMJ. Contrary to his pleas, Appellant was also convicted of one specification of wrongfully communicating a threat to kill or seriously physically injure another, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, forfeiture of all pay and allowances, reduction to E-1, and confinement for 300 days. The Convening Authority approved the sentence as adjudged. | Docket No. 1259 | Coast Guard Court of Criminal Appeals | 6/6/2008 | 6/6/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GOMEZ - 66 MJ 663.PDF | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of violating a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of unauthorized absence, in violation of Article 86, UCMJ; and one specification of obstruction of justice, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for twenty-four months, forfeiture of all pay and allowances, and reduction to E-1. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1276 | Coast Guard Court of Criminal Appeals | 6/6/2008 | 6/6/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SCHATZ (MERITS) | Appellant was tried by special court-martial, military judge alone. Pursuant to her pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of two specifications of conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of fraudulent enlistment, in violation of Article 83, UCMJ; one specification of making a false official statement, in violation of Article 107, UCMJ; and one specification each of wrongfully using marijuana, cocaine, ecstasy, and psilocin or psilocybin, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to confinement for sixty days, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1291 | Coast Guard Court of Criminal Appeals | 8/20/2008 | 8/20/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V JOHNSON - 65 MJ 919 | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of the following offenses: one specification of dereliction of duty, in violation of Article92, Uniform Code of Military Justice (UCMJ); one specification of willful and wrongful damage to personal property owned by another, in violation of Article 109, UCMJ; and one specification each of wrongful use, wrongful distribution, and wrongful introduction of cocaine onto a vessel, aircraft, vehicle, or installation used by the armed forces, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for eighteen months, and reduction to E-1. After announcing the sentence, the military judge credited Appellant with 127 days of Allen credit for pretrial confinement served between 25 January 2005 and the date of trial. United States v. Allen, 17 M.J. 126 (C.M.A. 1984). Under the terms of the pretrial agreement, the Convening Authority approved the sentence as adjudged but suspended all confinement in excess of fourteen months for twelve months from the date the accused is released from confinement. | Docket No. 1254 | Coast Guard Court of Criminal Appeals | 2/7/2008 | 2/7/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ZRIKE (MERITS) | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of conspiracy to possess cocaine, in violation of Article 81, Uniform Code of Military Justice (UCMJ); and one specification each of wrongful use of cocaine and of marijuana, both in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for sixty days, and reduction to E-1. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1289 | Coast Guard Court of Criminal Appeals | 3/13/2008 | 3/13/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | ADER V RADM BROOKS ET AL (WRIT) ORDER | Petitioner was tried by general court-martial. Pursuant to a pretrial agreement, he pled
guilty and was convicted of various offenses. On 29 August 2007 Petitioner was sentenced to a bad-conduct discharge, confinement for nine months, and reduction to E-1. The Convening Authority approved the sentence and, in addition, ordered that eight hundred dollars ($800.00) per month of any automatic forfeiture of entitled military pay imposed by operation of law be waived for a period of eighteen months from the date of his action and be payable to Mrs. D. Ader, pursuant to the pretrial agreement. The Judge Advocate General referred the record to this Court for review under Article 66, UCMJ, on 4 February 2008. Briefs have not yet
been filed. | MISC. DOCKET NO. 003-08 | Coast Guard Court of Criminal Appeals | 3/21/2008 | 3/21/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HARRIS - 67 MJ 550 | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification each of wrongfully distributing MDMA (ecstasy), wrongfully using MDMA (ecstasy), and wrongfully using cocaine, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of making a false official statement, in violation of Article 107, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for ninety days, forfeiture of $800 per month for three months, and reduction to E-1. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of sixty days for a period of twelve months from the date of the Convening Authority’s
action, pursuant to the terms of the pretrial agreement. | Docket No. 1279 | Coast Guard Court of Criminal Appeals | 10/17/2008 | 10/17/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BLAIR - 67 MJ 566 | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of three specifications of violating a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); nine specifications of making a false official statement, in violation of Article 107, UCMJ; one specification of neglectful damage to military property, in violation of Article 108, UCMJ; and the following in violation of Article 134, UCMJ: one specification of wrongfully recruiting for, soliciting membership in, and promoting activities of the Ku Klux
Klan while publicly displaying an affiliation with the Armed Services; one specification of violating Massachusetts General Laws, Chapter 269 § 10(m) and 18 U.S.C. § 13 by wrongfully
possessing a large capacity firearm; one specification of violating Massachusetts General Laws, Chapter 269 § 10(h) and 18 U.S.C. § 13 by wrongfully possessing seven dangerous weapons; one specification of violating 26 U.S.C. §§ 5845(a), 5861(d), and 5871 by unlawfully knowingly receiving and possessing a firearm that is a destructive device (an explosive bomb); one specification of being drunk and disorderly; three specifications of wrongfully endeavoring to impede an investigation; and one specification of willfully and unlawfully altering a public record. The military judge sentenced Appellant to a bad-conduct discharge, confinement for one year, and reduction to E-3. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1278 | Coast Guard Court of Criminal Appeals | 11/13/2008 | 11/13/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V COKER - 67 MJ 571 | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of the following
offenses: two specifications of attempt to commit indecent liberties with a child, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of fraudulent appointment,
in violation of Article 83, UCMJ; one specification of assault consummated by a battery against a child, in violation of Article 128, UCMJ; two specifications of conduct unbecoming an officer, in
violation of Article 133, UCMJ; and four specifications of indecent acts or indecent liberties with a child, one specification of violating 18 U.S.C. § 2252A by receiving child pornography, and one
specification of kidnapping, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to dismissal from the Coast Guard, total forfeitures, and confinement for thirty years,
against which he ordered credit for 132 days of pretrial confinement. The Convening Authority approved the sentence as adjudged, suspended the confinement in excess of twelve years until six months after Appellant is released from confinement, pursuant to the pretrial agreement, and applied 132 days of pretrial confinement credit against the approved confinement in accordance with United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1280 | Coast Guard Court of Criminal Appeals | 11/21/2008 | 11/21/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CHEN - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of willfully disobeying a superior commissioned officer, in violation of Article 90, UCMJ; one specification of wrongful appropriation and three specifications of larceny, all in violation of Article 121, Uniform Code of Military Justice (UCMJ); one specification of
housebreaking, in violation of Article 130, UCMJ; one specification of wrongfully using marijuana, in violation of Article 112a, UCMJ; one specification of forgery, in violation of Article 123, UCMJ; and one specification each of wrongfully providing alcohol to minors,
wrongfully consuming alcohol while underage, wrongfully entering a parked automobile with intent to steal, and wrongfully giving a stolen firearm to another, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for twelve months, forfeiture of two-thirds pay per month for twelve months, and reduction to E-1. The Convening Authority approved only so much of the sentence as provides for a bad-conduct discharge, twelve months of confinement, reduction to E-1, and forfeiture of $802.00 pay per month for twelve months, and suspended confinement in excess of ten months for twelve months from the date the accused is released from confinement, pursuant to the terms of the pretrial agreement. | Docket No. 1282 | Coast Guard Court of Criminal Appeals | 12/9/2008 | 12/9/2008 | | 10/30/2017 |