Friday, July 25, 2008
The Supremes have docketed a pro se IFP cert petition in the case of Baker v. United States, No. 08-5432. CAAF summarily affirmed the case on 12 May. United States v. Baker, __ M.J. ___, No. 02-0334/AR (C.A.A.F. May 12, 2008) (summary disposition). CAAF had previously granted review in the case and set aside ACCA's decision for further consideration of an IAC issue. United States v. Baker, 58 M.J. 380 (C.A.A.F. 2003). Following two DuBay hearings, ACCA rejected the IAC claim in a published decision that we discussed here. United States v. Baker, 65 M.J. 691 (A.C.C.A. 2007). As usually occurs when a servicemember petitions CAAF following an initial grant and remand, CAAF granted Staff Sergeant Baker's petition and summarily affirmed. Now Staff Sergeant Baker is asking the Supreme Court to review the results of his special court-martial that was tried a decade ago.
Posted by Dwight Sullivan at 9:48 PM