| Coast Guard Court of Criminal Appeals | UNITED STATES V CABALLERO - 65 MJ 674 | 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 unauthorized absence, in violation of Article 86, 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 166 days, which amounted to the time served in pretrial confinement; and reduction to E-1. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1252 | Coast Guard Court of Criminal Appeals | 7/12/2007 | 7/12/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V VANTERPOOL - 65 MJ 669 | 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 assault, in violation of Article 128, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for sixteen months, forfeiture of all pay and allowances, and reduction to E-2. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1255 | Coast Guard Court of Criminal Appeals | 7/2/2007 | 7/20/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V WIMETT - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone.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 wrongful disposition of military property, in violation of Article 108, Uniform Code of Military Justice (UCMJ), and three specifications of larceny, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for three months, and reduction to E-2. The Convening Authority approved the sentence as adjudged but suspended all confinement for one year from the date the sentence was adjudged, pursuant to the terms of the pretrial agreement. | Docket No. 1258 | Coast Guard Court of Criminal Appeals | 8/15/2007 | 8/15/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LIND - UNPUBLISHED | This case was previously decided by this Court on 31 January 2007. The Court found, in part, that although Appellant failed to show that he was unrepresented by his trial defense counsel during any portion of the post-trial phase of the case, his defense counsel was deficient
in failing to contact Appellant regarding clemency. As a result, the Court granted relief. | Docket No. 1228 | Coast Guard Court of Criminal Appeals | 9/7/2007 | 9/7/2007 | | 10/30/2017 |
| 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 ARNOLD - UNPUBLISHED | 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 two specifications of violating 18 U.S.C. 2251(a) by producing child pornography and one specification of wrongfully and knowingly possessing child pornography, all in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for seventy-eight months, and reduction to E-1. The Convening Authority approved the sentence as adjudged but suspended all confinement in excess of forty-eight months for twelve months from the date of the Convening Authority’s action, pursuant to the terms of the pretrial agreement. | Docket No. 1257 | Coast Guard Court of Criminal Appeals | 9/19/2007 | 9/19/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ODONNELL - 65 MJ 795 | 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 larceny, in violation of Article 121, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a dismissal, confinement for fifteen months, and a reprimand. The Convening Authority approved only so much of the sentence as includes a reprimand and confinement for fifteen months, but suspended confinement in excess of twelve months 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. 1250 | Coast Guard Court of Criminal Appeals | 10/11/2007 | 10/11/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | MCGARRY V CAPT KULISCH ET AL ORDER | According to the petition, Petitioner was tried on 2-5 October 2007 at Boston, Massachusetts, by a special court-martial convened by Commander, First Coast Guard District. Contrary to his pleas, he was found guilty of four specifications of maltreatment, of causing a false official statement to be made, and of using reproachful words. The court sentenced Petitioner to confinement for one month, reduction to E-3, forfeiture of two-thirds of all pay and allowances for two months, and a reprimand. Detailed defense counsel submitted a request to defer confinement to the Convening Authority on 5 October 2007, which was denied.
Petitioner has filed a petition for extraordinary relief in the nature of a writ of habeas corpus. He argues that he is currently illegally confined by virtue of erroneous rulings by the military judge prohibiting the defense from arguing an accusing witness’s character for untruthfulness under M.R.E. 608(b) and 608(c). Therefore, Petitioner requests that this Court issue a writ of habeas corpus ordering his immediate release from confinement. It is, by the Court, this 12th day of October, 2007, | MISC. DOCKET N0. 001-08 | Coast Guard Court of Criminal Appeals | 10/12/2007 | 10/12/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V STELLON - 65 MJ 802 | Appellant was tried by general court-martial composed of members. Contrary to his pleas, he was convicted of one specification of rape, in violation of Article 120, Uniform Code of Military Justice (UCMJ). The court sentenced Appellant to a bad-conduct discharge, confinement for five years, and reduction to E-1. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of fifty-seven months for thirty months from the date of his action. He also credited fourteen days of confinement in accordance with United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1264 | Coast Guard Court of Criminal Appeals | 10/25/2007 | 10/25/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V DEROV - 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 unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ), and one specification of wrongfully using marijuana, in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, forfeiture of $800.00 per month for four months, reduction to E-1, and confinement for ninety days, which he credited with eighty-seven days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The Convening Authority approved the sentence as adjudged and ordered it to be executed. The pretrial agreement had no effect on the sentence. | Docket No. 1265 | Coast Guard Court of Criminal Appeals | 11/13/2007 | 11/13/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | TUSCAN V UNITED STATES (WRIT) ORDER | On 16 November 2007, Respondent filed its Answer to the Court’s Order to Show Cause with a Motion to Attach the statement of CDR Daniel Spagone, USN, Executive Officer, Naval Consolidated Brig (NAVCONBRIG), Charleston, South Carolina, dated 14 November 2007. Respondent apparently became aware of a document regarding the investigation of Petitioner’s complaint by NAVCONBRIG Charleston, and the next day filed a Motion to Attach the Report of Investigation memo, dated 26 October 2007, from NAVCONBRIG Charleston Command Investigations to the Commanding Officer.
Petitioner filed his reply on 21 November 2007 with a Motion to Attach Appendix C, which consists of a statement of Gary M. Tuscan dated 16 November 2007; a Request for Interview (DD Form 510) with attached statement dated 6 October 2007; a letter from Gary M. Tuscan to LT Robert M. Pirone, USCG, dated 12 November 2007; a Report of Investigation memo dated 26 October 2007; and a letter from Gary M. Tuscan to LT Pirone dated 1 November 2007.
It is undisputed that Petitioner has not filed a complaint under Article 138, UCMJ. Seeing no justification to relieve Petitioner of the requirement to do so, it is, by the Court, this 23rd day of November 2007, | MISC. DOCKET NO. 002-08 | Coast Guard Court of Criminal Appeals | 11/23/2007 | 11/23/2007 | | 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 | 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 | 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 |