Monday, June 01, 2009
I've posted the Rodriguez cert petition here. The QP is: "Whether the Court of Appeals for the Armed Forces misapplied this Court's jurisdictional decision in Bowles v. Russell, 551 U.S. 205 (2007), thereby denying Petitioner servicemember his statutory right to appeal his court-martial conviction." The cert petition doesn't discuss the interesting jurisdictional issue that the case presents; rather, it simply asserts that "[t]he jurisdiction of this Court is invoked under 28 U.S.C. § 1259(3)." Cert petition at 1.