Monday, February 19, 2007

What's New is old again

We have been following the cert petition in the New case, No. 06-691, which is a collateral attack on a court-martial conviction. On 14 February, the Court approved a request from the SG to push the SG's response to the petition back from 21 February to 23 March. The wait continues.

On the other hand, Lovett, No. 06-964, and Christian, No. 06-7397, were scheduled for last Friday's conference. We will check tomorrow's orders list for developments in those cases.

1 comment:

No Man said...

The SG's interest in the New case cannot be a good sign for military defendants (in particular, as noted by CAAFLog, military death row defendants) contemplating collateral attack of their court-martial convictions in federal court. There is no "New" issue in New -- another nod to CAAFlog for the world's worst puns -- other than the standard of review for collateral attack of the court-martial in federal court. Though with the passage of the Military Commissions Act the standard is less important, the SG may want to take a pass at making the standard more stringent just for those Justices that like to discuss the Geneva Convention and equality between courts-martial and POW (non-combatants, those guys that will never see the light of day, whatever you want to call them) treatment.