New military case on the Supreme Court's docket

Dedicated readers of CAAFlog (a population probably limited to, well, me) will remember a discussion of Air Force Staff Sergeant Joshua Lovett's successful petition for a writ to compel continued representation by his military appellate defense counsel. ("CAAF issues writ requiring continued appellate representation," CAAFlog, 27 Oct 2006. The Columbus Clipper posted a hilarious comment to that post -- if you haven't read it yet, please do.) Now an Air Force appellate defense counsel has filed an application with Chief Justice Roberts seeking an extension of time to file a cert petition from 12 Nov 2006 (which is, oddly enough, a Sunday) to 11 Jan 2007. No. 06A468 (2 Nov 2006). Perhaps the effective date of life without eligibility for parole for a "rape of a child under 12" offense will be the issue ultimately presented. See United States v. Lovett, 63 M.J. 211 (C.A.A.F. 2006). Lovett's CAAF case also involved the issue of whether confinement at the old USDB constituted cruel and unusual punishment in violation of the 8th Amendment.

--Dwight Sullivan