tag:blogger.com,1999:blog-34853720.post1759560019434613776..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: Gray habeas petition filedDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-34853720.post-49151545459552859352009-04-05T02:50:00.000-04:002009-04-05T02:50:00.000-04:00One habeas, that is, unless you're Denedo and out ...One habeas, that is, unless you're Denedo and out of custody.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-45771812504148109702009-04-04T17:03:00.000-04:002009-04-04T17:03:00.000-04:00"Death is different" as they say, but you get one ..."Death is different" as they say, but you get one habeas shot in the federal system.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-21779256796770480562009-04-04T16:11:00.000-04:002009-04-04T16:11:00.000-04:00I know nothing of the specifics of collateral habe...I know nothing of the specifics of collateral habeas review in death penalty cases. <BR/><BR/>Since most (if not all) of these issues were litigated and decided adversely to Gray in the military justice system, why does he get a second bite at them via habeas? Or is that normal?Cloudesley Shovellhttps://www.blogger.com/profile/13344314546798687667noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-41797350848556234032009-04-03T18:22:00.000-04:002009-04-03T18:22:00.000-04:00Remember folks this is just the initial petition. ...Remember folks this is just the initial petition. Expect numerous briefs to follow.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-40205718474096200732009-04-03T16:35:00.000-04:002009-04-03T16:35:00.000-04:00Anon 1445: Actually, according to the Record, Cla...Anon 1445: Actually, according to the Record, Claim One is an extremely strong point. The Defense objected at trial to the "less than 12" the MJ offered to adjourn so the CA could appoint more members to eliminate the issue, and it was the TC who objected and the MJ went along.<BR/><BR/>Notably, after Gray's conviction, Congress changed the law back to what it had been since George Washington's time up to 1951, 12 members in capital cases unless otherwise unfeasible due to the exigencies of the situation. There was no legal impediment to having 12 members - indeed, 15 were originally detailed.<BR/><BR/>Tactically, and of course we can agree to disagree here - it may make sense to "lead" with an issue that's not too UCMJ complex - being convicted and sentenced to death by a panel of six members. Here's the exchange:<BR/>_______________________________<BR/>MJ: Well, I interrupted my thought merely because if the government were to be of the mind that they wanted to have twelve members, I certainly wouldn't contest it.<BR/><BR/>TC: We are not, Your Honor.<BR/><BR/>MJ: All right. Based upon the rationalization advanced previously, the motion for requirement of at least twelve members is denied. [R. 770].<BR/>_____________________________<BR/><BR/>The "effect" was that the TC ended up controling the size of the panel!<BR/><BR/>[DISCLAIMER: I briefed this issue for an Amicus at SCOTUS in Gray's first attempt at cert, and relied heavily on COL Sullivan's seminal article, "Playing the Numbers: Court-Martial Panel Size and the Military Death Penalty," 158 Mil.L.Rev. 1 (1998). If you haven't read that article, I commend its scholarship.]Dew_Processhttps://www.blogger.com/profile/12952551772411097184noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-72261987079064861232009-04-03T15:23:00.000-04:002009-04-03T15:23:00.000-04:00Too bad they couldn't file in the Sixth. "Ineffect...Too bad they couldn't file in the Sixth. <BR/><BR/>"Ineffective assistance" here means the defendant got the death penalty.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-89662859028710176042009-04-03T14:47:00.000-04:002009-04-03T14:47:00.000-04:00"may have been innocent"? Either he murdered peopl..."may have been innocent"? Either he murdered people or he didn't. Is there a factual dispute anywhere in this case?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-18631026257667589162009-04-03T14:45:00.000-04:002009-04-03T14:45:00.000-04:00Is it me or have counsel thrown the concept of bri...Is it me or have counsel thrown the concept of brief your strongest issue first out the window? Not a knock, just an observation. I can think of reasons for briefing this way; however, I just can see a appellate judge sharpening the executioner's axe before getting to the meat of the case.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-2301820140069145302009-04-03T10:50:00.000-04:002009-04-03T10:50:00.000-04:00You're an idiot. Claims 2-7, 9, 11, 13 and 14 all...You're an idiot. Claims 2-7, 9, 11, 13 and 14 all imply he may have been innocent. Just get out of the practice of law already. The world deserves it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-15174612191433990022009-04-03T09:47:00.000-04:002009-04-03T09:47:00.000-04:00Is there no finality to be had in a court-martial?...Is there no finality to be had in a court-martial? Totally absent from their petition is any claim that Gray is innocent. Just carry out the sentence already. He deserves it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-77958260727650029742009-04-02T23:36:00.000-04:002009-04-02T23:36:00.000-04:00The logic behind 16 is so solid that I just don't ...The logic behind 16 is so solid that I just don't see how Mr. Obama will be executing the first Servicemember in 40 years.Mike "No Man" Navarrehttps://www.blogger.com/profile/11434921480452541955noreply@blogger.com