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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
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Military justice research links
- 2008 Military Judges' Benchbook web site
- AFMAN 51-203, Records of Trial (1 Oct 1999)
- AFPD 51-2, Administration of Military Justice (7 Sep 1993)
- Air Force Instruction 51-201, Administration of Military Justice (21 Dec 07)
- Air Force Rules of Professional Conduct
- AR 27-10, Military Justice (16 Nov 2005)
- AR 27-26, Rules of Professional Conduct for Lawyers (1 May 1992)
- COMDTINST M5810.1D, Military Justice Manual (17 Aug 2000)
- Congressional Research Service, Statutory Interpretation: General Principles and Trends (March 30, 2006 ed.)
- Congressional Research Service, The Constitution of the United States of America, Analysis and Interpretation: Analysis of Cases Decided by the Supreme Court of the United States (2002) with 2006 supplement
- JAGINST 5803.1C, Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General (9 Nov 04)
- JAGINST 5810.2A, Military Justice Regulations (17 Sep 93)
- JAGMAN, JAGINST 5800.7E (20 Jun 07)
- Law Library Microform Consortium, Military Law Collection
- LOC military law collection
- Manual for Courts-Martial (2008 ed.)
- Manual for Courts-Martial, United States (2005 ed.)
- Manual of the Judge Advocate General (JAGMAN), JAGINST 5800.7E (20 Jun 2007)
- Military Justice, Army Regulation 27-10 (16 Nov 2005)
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3 comments:
I think they were part of the same cert petition.
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
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 )
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