Tuesday, November 18, 2008
We previously branded 2008 as "The Year of Jurisdiction" for military appellate courts. Perhaps the biggest jurisdictional development of the year will occur on 25 November, when the Supremes consider the SG's cert petition in Denedo. But Monday saw another jurisdictional development with CAAF's opinion in Wuterich, another 3-2 opinion expansively construing military appellate courts' jurisdiction. And there is at least one major military appellate jurisdictional case still to be decided. United States v. Rodriguez, No. 07-0900/MC, which was orally argued on 23 September, will decide whether CAAF has jurisdiction to hear a case in which the petition for grant of review was filed after Article 67's 60-day timeline had run.
Posted by Dwight Sullivan at 12:25 AM