There’s no question as to the top news du jour. Today’s Daily Journal update includes the following entry from Monday, 11 December:
PETITIONS FOR RECONSIDERATION DENIED
No. 06-8006/AR. Dwight J. LOVING, Petitioner, v. United States, Respondent. CCA 8901123. On consideration of Respondent’s petition for reconsideration of this Court’s opinion, 64 M.J. 132 (C.A.A.F. 2006), said petition for reconsideration is denied.
This starts the SG’s 90-day clock to seek cert. At the Army JAG School’s New Developments course last month, an Army GAD attorney indicated that the Army would seek cert if CAAF denied the reconsideration petition. Of course, the Army will have to convince the SG first. Loving is such a straightforward application of Wiggins that it seems implausible that the SG would seek review of the substance of CAAF’s holding. But the jurisdictional issue — does CAAF have the power to issue a writ between the time when the Supreme Court affirms a military death penalty case and when the President acts on the death sentence pursuant to Article 71 — may be sufficiently intriguing to produce a cert petition. Predictions?