The Supreme Court’s web site today reflects the docketing of three new cert petitions seeking review of CAAF decisions — all three Air Force cases (and, interestingly enough, with three sequential docketing numbers). I am happy to report that all three petitioners are represented by counsel. Erickson v. United States, No. 07-316; Chapman v. United States, No. 07-317; Tippit v. United States, No. 07-318.
CAAF’s decision in Erickson, of course, resolved the long-running legal dispute over whether it is plain error for a prosecutor’s sentencing argument to analogize the accused to Hitler, Saddam Hussein and Osama bin Laden while also describing the accused as a demon belonging in hell. United States v. Erickson, 65 M.J. 221 (C.A.A.F. 2007). CAAF decided Chapman by summarily affirming on 26 June. Tippit is a speedy trial case focusing on the consequences of a CA withdrawing charges rather than dismissing them. United States v. Tippit, 65 M.J. 69 (C.A.A.F. 2007).