Fosler trailer remands

Philip D. Cave

Rather than navigate to the list, here are the vacate and remands referenced by Dwight “My Liege” Sullivan on CAAFLog the other day.

No. 10-0265/AF. U.S. v. Douglas E. LONG. CCA 37044.

No. 11-0227/NA. U.S. v. Ros L. DAVIS. CCA 201000302.

No. 11-0293/CG. U.S. v. Kenya BERNARD. CCA 0262.

No. 11-0303/MC. U.S. v. Thomas R. LIRLEY. CCA 201000502.

No. 11-0362/AR. U.S. v. Thomas G. GENTRY. CCA 20080985.

No. 11-0368/AR. U.S. v. Brantley R. TYSON. CCA 20100093.

No. 11-0374/AR. U.S. v. Lelan M. SHANKLES. CCA 201000307.

No. 11-0380/MC. U.S. v. Napoleon C. HERNANDEZ. CCA 201000427.

No. 11-0383/NA. U.S. v. Gary W. LUMPKINS, Jr. CCA 201000554.

No. 11-0400/AR. U.S. v. Michael T. MCNAUGHTON. CCA 20090596.

No. 11-0401/AF. U.S. v. David M. ATTARDO. CCA S3183.

No. 11-0419/AR. U.S. v. Bradley L. GUMP. CCA 20100546.

No. 11-0420/AR. U.S. v. Cody t. SMITH. CCA 20100646.

No. 11-0422/AR. U.S. v. Byron D. TYSON. CCA 20090072.

No. 11-0427/AR. U.S. v. Nicholas A. PATLA. CCA 20100809.

No. 11-0434/AR. U.S. v. David J. ISENHOWER. CCA 201003554.

No. 11-0437/MC. U.S. v. Royan R. ROSCHE. CCA 201000461.

No. 11-0443/AR. U.S. v. Aaron P. HUDSON. CCA 20090506.

No. 11-0446/MC. U.S. v. Justin GEYER. CCA 201000398.

No. 11-0453/AR. U.S. v. Aaron M. MITCHELL. CCA 20100713.

No. 11-0454/AR. U.S. v. Oren A. REECE. CCA 20100448.

No. 11-0467/AR. U.S. v. Arthur R. YOUNG, JR. CCA 20090092.

No. 11-0474/AR. U.S. v. Anthony P. KNOWLAND. CCA 20071405.

No. 11-0476/AR. U.S. v. Berttran L. TILLER. CCA 20080438.

No. 11-0481/AF. U.S. v. Nathan J. ARNOLD. CCA 37697.

No. 11-0494/AF. U.S. v. Michael T. NERAD. CCA 36994.

No. 11-0495/AR. U.S. v. Brandon K. PRICE. CCA 20100382.

No. 11-0496/AR. U.S. v. Christohper D. RICE. CCA 20090857.

No. 11-0511/AR. U.S. v. Aaron P. STONE. CCA 20090332.

No. 11-0514/NA. U.S. v. Damien J. AUTRY. CCA 201100105.

No. 11-0516/AR. U.S. v. Maurice K. ROBINS. CCA 20090996.

No. 11-0525/AF. U.S. v. Michael P. GRAFMULLER. CCA 37524.

No. 11-0529/AF. U.S. v. Matthew C. ROTH. CCA S31834.

No. 11-0554/AR. U.S. v. Terry D. RORRO. CCA 20100750.

No. 11-0558/AR. U.S. v. Alvaro GARCIA, Jr. CCA 20080839.

No. 11-0564/MC. U.S. v. Bradley A. MORALES. CCA 201000057.

No. 11-0565/NA. U.S. v. Jack C. RUSCITTO. CCA 201100023.

No. 11-0566/MC. U.S. v. Alan D. SOBENES. CCA 201000381.

No. 11-0575/NA. U.S. v. Corry F. OLMOS. CCA 201100133.

No. 11-0580/AR. U.S. v. Gregory A. ROBINSON. CCA 20100495.

No. 11-0595/NA. U.S. v. William C. FAIRLEY. CCA 200900574.

No. 11-0599/AR. U.S. v. Michael D. DARROW. CCA 20100816.

No. 11-0601/AR. U.S. v. Robert A. MOORE. CCA 20100662.

No. 11-0607/AF. U.S. v. Ronald C RENFROE. CCA 37736.

No. 11-0610/AR. U.S. v. Marcus MELCHOR. CCA 20100272.

No. 11-0611/AR. U.S. v. Louis F. DIETZ. CCA 20081031.

No. 11-0614/NA. U.S. v. Abayomi O. KALEJAIYE. CCA 201100007.

No. 11-0617/AF. U.S. v. Donald W. SWENSEN. CCA 37555.

No. 11-0626/AR. U.S. v. Kirby B. MOSES. CCA 20090247.

No. 11-0637/AF. U.S. v. Keitron J. CLARK. CCA S31842.

No. 11-0642/AF. U.S. v. Daniel W. DREWS. CCA S37727.

On further consideration of the granted issue in the above cases, the decision of the Court of Criminal Appeals is hereby vacated. The record of trial is returned to the Judge Advocate General for remand to that court for consideration of the granted issue in light of United States v. Fosler, 70 M.J. 225 (C.A.A.F. 2011).

EFFRON, Chief Judge (dissenting):

I dissent for the reasons stated in my dissenting opinion in Fosler. United States v. Fosler, 70 M.J. 225, 233-40 (C.A.A.F. 2011) (Effron, C.J., dissenting).

BAKER, Judge (dissenting):

I dissent for the reasons stated in my dissenting opinion in Fosler. United States v. Fosler, 70 M.J. 225, 240-47 (C.A.A.F. 2011) (Baker, J., dissenting).

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