Wednesday, July 16, 2008

New military cert petition in a case with no SCOTUS jurisdiction

The Supreme Court just docketed a military cert petition that was filed on 7 May. House v. United States, No. 08-60. But the Court has no statutory cert jurisdiction in the case. The cert petition seeks review of CAAF's decision denying a writ appeal. House v. Judge Advocate General of the Navy, 66 M.J. 189 (C.A.A.F. 2008). The statute granting the Supremes cert jurisdiction over military justice cases doesn't include writ appeals that don't result in relief. See U.S.C. § 1259. But if the past serves as prologue, the Acting SG (whose response is due by 14 August) won't move to dismiss the cert petition for lack of jurisdiction. Rather, he'll waive the United States' right to respond and the petition will be denied in due course.

John Wells is the petitioner's counsel.

1 comment:

Anonymous said...

Not unheard of. See US v. Almejo with similar procedural facts.