Saturday, December 23, 2006

Time is running out for cert petition in Rose (updated)

Unless the Supremes request a response to the cert petition in Rose v. United States, No. 06-771, before the 5 January 2007 conference, it will be denied then. (Rose, 64 M.J. 56 (C.A.A.F. 2006), is one of the CAAF opinions that rejected a legal challenge to a conviction for refusal to submit to the anthrax vaccine.) The Supremes requested a response in New -- also docketed for the 5 January 2007 conference -- on Thursday, 21 December. We will monitor whether the Court requests a response in Rose during the few working days left before the conference.

Kisala, 64 M.J. 50 (C.A.A.F. 2006), is the lead CAAF opinion concerning the anthrax vaccine. Kisala's deadline for filing a cert petition is Tuesday, 26 December. Does anyone know whether his counsel will seek cert?

--Dwight Sullivan

3 comments:

Marcus Fulton said...

I think they were part of the same cert petition.

Dwight Sullivan said...

Rose was filed on behalf of a number of Marines and Sailors, but apparently not on behalf of Kisala, who is a solider. Here's the list of parties from the Rose cert petition:

Ocean T. Rose, Lance Corporal, United States Marine Corps; Daniel W. Stephens, Corporal, United States Marine Corps;
Jared G. Schwartz, Lance Corporal, United States Marine Corps; Jared E. Johnston, Lance Corporal, United States Marine Corps; Eric W. Myers, Lance Corporal, United States Marine Corps; Erick M. Enz, First Lieutenant, United States Marine Corps; Matthew D. Perry, Lance Corporal, United States Marine Corps; Jason B. Austin, Lance Corporal, United States Marine Corps; Michael R. McIntyre, Lance Corporal, United States Marine Corps; Michael J. Metzig, Lance Corporal, United States Marine Corps; Zachary A. Johnson, Aviation Electronics Technician Airman, United States Navy

OCEAN ROSE said...

This is far from over! I recived a BCD, but have since networked myself in with a large group of senior Marine Corps officers ( Col, Mgr Gen) I have also recived a number of waivers from the USNG,in my quest to return to the military. Thank you to everyone over the past 5 yrs who have put so much work and time into my case!
Ocean Rose ( civilian )