Friday, April 04, 2008
On Wednesday, CAAF denied the government's reconsideration petition in United States v. Lopez de Victoria, 66 M.J. 67 (C.A.A.F. 2008). Filing a fruitless reconsideration petition is a military appellate government shop's traditional first step on the road to beseeching the SG to seek cert. By my calculations, a cert petition would be due on 1 July. If the SG is seriously contemplating filing a cert petition, he generally seeks an extension of the filing deadline. We will, of course, monitor the Supreme Court's web site for any signs of movement in Lopez de Victoria -- a case that seems far more certworthy than most.
Posted by Dwight Sullivan at 8:55 PM