Friday, August 01, 2008

Supreme update

My understanding is that the Supreme Court Clerk's office has given petitioner's counsel in Ryan v. United States 60 days to fix some formatting problems with the original cert petition. So it probably won't be docketed anytime soon. We previously discussed Ryan extensively here.

Here, belatedly, is a link to the cert petition in Thomas v. United States, No. 08-117, which we previously noted here.

We are now just three days away from the Acting SG's deadline for filing his response to the cert petition in Stevenson v. United States, No. 07-1397. Unfortunately, I'll be on vacation on Monday.

Here's a link to the web page where I expect the SG's response to show up once it's filed. Perhaps once it's up, someone can post a direct link to the response.

1 comment:

Phil Cave said...

As the trial defense counsel for 1Lt Thomas I'm pleased to read this petition.
The petition correctly expresses the angst that the military judge (a Marine) went through in coming to his sentence. I'm happy that we won on the search issue, but I'm appalled at the way in which the appellate court failed to send this case back for a new sentencing hearing when the most serious charges were dismissed. I'm left to wonder if the sentence reassessment was based on the charges for which he was now to be sentenced or on the four corners of the record, see p. 20 of the petition, "Finally, NMCCA . . .?" If ever a case should have been sent back for a resentencing hearing this was it.