Tuesday, March 10, 2009

Wuterich cert petition

We filed a cert petition today asking the Supreme Court to review CAAF's holding in United States v. Wuterich, 67 M.J. 63 (C.A.A.F. 2008). The QP is: "Whether a statute authorizing an interlocutory prosecution appeal of a ruling 'which excludes evidence' grants the Article I military appellate courts jurisdiction to reverse an order quashing a subpoena." The complete cert petition is available here.

[DISCLAIMER: I'm counsel of record for petitioner.]
Posted by Dwight Sullivan at 8:14 PM
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2 comments:

Anonymous said...

Wow, a muddled QP if I've ever seen one...

Tue Mar 10, 10:36:00 PM EDT
Anonymous said...

Dude! This petition sets the new standard for identifying "a recurring issue of exceptional importance." I mean, at least 2-3 cases (in the entire criminal justice system!) stand to be affected each year.

Tue Mar 10, 11:24:00 PM EDT

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