Yes, that Rodriguez. United States v. Rodriguez, 67 M.J. 110 (C.A.A.F. 2009).
The cert petition was filed on Wednesday. Rodriguez v. United States, No. 08-1465. The SG’s response is due 29 June. I haven’t seen the cert petition, so I don’t know what the QP is. But I have serious doubts that the case falls within the Supremes’ statutory cert jurisdiction, since CAAF vacated the grant of review and dismissed the petition. Of course, we’ll probably never know for sure. In all likelihood, the SG will simply waive the United States’ right to file a response.
I’ll be at the Supremes on Monday; I’ll try to get a copy of the cert petition then. In the meantime, if anyone has an electronic copy, please send it to us at email@example.com.