Thursday, December 28, 2006

Supreme Court development and recap

The Supreme Court has docketed Craig v. United States, No. 06-802, for the 12 January 2007 conference. Craig, which deals with post-trial delay, was filed on behalf of a number of Marines and Sailors. The SG waived response, so unless the Court requests a response, the petition will be denied at the 12 January conference.

Two other petitions seeking cert to review CAAF decisions are also still alive: Rose, No. 06-771, which is docketed for the 5 January conference (and, like Craig, will die if the Court doesn't request a response), and Christian, No. 06-7397, the pro se cert petition where the Court requested a response, which is due by 17 January.

Of course, New, No. 06-691, a collateral attack on a court-martial conviction, is also still alive with a requested response from the SG currently due on 22 January.

There is still no sign of a cert petition in Kisala, though there is usually a lag between when a cert petition is filed and when it shows up on the Court's docket, so we can't yet conclude that no cert petition was filed.

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