Friday, December 15, 2006

'Tis the season to file cert petitions?

In its end of term case dump, CAAF decided 76 cases by summary disposition and 11 cases by published opinion during September. For those cases in which no reconsideration petition was filed, the 90-day deadline for certiorari is now upon us or fast approaching.

On 11 December, Michael Craig filed a cert petition, No. 06-802. CAAF summarily affirmed his case on 11 September, ruling that any post-trial delay in his case was harmless. No. 05-0278/MC. CAAFlog is trying to get the question presented from Craig's cert petition and we'll post it when we have it.

A cert petition has already been filed seeking review of one of the September published opinions, United States v. Rose, 64 M.J. 56 (C.A.A.F. 2006). Are Rose and Craig the first in a wave of military cert petitions that will be filed in December?

--Dwight Sullivan


Jason Grover said...

Craig is a consolidated cert. petition. There are twenty plus names on the petition, including Diaz, Jenkins, and Shiloh.

Dwight Sullivan said...

Thanks for the gouge, Super Muppet! So does that account for 20 of the 87 cases CAAF announced in September?

Jason Grover said...

I just read the Craig petition, it is actually 29 petitioners. All the cases were summary decisions from 11 Sep to 20 Oct.