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Wednesday, May 21, 2008
Stevenson cert petition distributed for 5 June conference
The cert petition in Stevenson v. United States, No. 07-1397, which we previously discussed here and here, and which is posted here, has been distributed for the 5 June conference. So the first test that must be passed before the Kabul Klipper might owe LCDR Eversole one gilded heifer is for a Justice to ask the SG to respond to the cert petition before 5 June.
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1 comment:
This is a well-written and persuasive petition. But I see a potential flaw in the argument that the SC must take the issue now. Jurisdiction is NEVER waived. So, although I understand the practical realities, I think the Supremes are still required to abstain. Even though NMCCA dealt with the issue before, it MAY be raised again below, despite the remand on only the 4th Amendment issue. (The Supremes are not going to care about the futility whine)
If the SC denies this petition, can Petitioner ask for reconsideration and a more limited remedy of directing jurisdiction be re-litigated below - or under the unique procedural posture of this case - hold the jurisdictional issue in abeyance so that a potential future CAAF denial does not preclude another petition?
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