Tuesday, April 15, 2008

Fix your gaze on the first week of July

In light of CAAF's recent denial of government reconsideration petitions in both United States v. Lopez de Victoria and Denedo v. United States, the government's cert petition would be due in the former on 1 July and in the latter on 3 July. See S. Ct. R. 13.3.

Of course, if the SG were to seek cert, history suggests that he would first seek an extension of the filing deadline under Rule 13.5. And history suggests that the Chief Justice -- who functions as the "Circuit Justice" for the military justice system -- would grant that request. The SG last made such a request in a military case in United States v. Dearing, No. 06A754, but then allowed the extended deadline to lapse without filing a cert petition.

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