Former Staff Sergeant Wayne Tatum, USMC, has filed a pro se cert petition at the Supremes. NMCMR reversed Tatum’s original court-martial conviction and sentence. United States v. Tatum, 34 M.J. 1115 (N-M.C.M.R. 1992). But in a bit of good news/bad news whiplash perhaps second only to Cabrera-Frattini’s, on the same day that NMCMR issued its opinion setting aside the results of Tatum’s original court-martial, he was convicted at a second court-martial of charges relating to travel claim fraud. See Tatum v. United States, Civil Action No.: RDB-06-2307 (D. Md. Aug. 7, 2007). Both NMCMR and CMA affirmed that conviction. United States v. Tatum, No. 922530 (N-M.C.M.R. Oct. 29, 1993), aff’d, 40 M.J. 320 (C.M.A. 1994) (summary disposition).
About 5 years later, Tatum unsuccessfully sought relief from BCNR. About six-and-a-half years after that, Tatum brought an unsuccessful collateral challenge in the U.S. District Court for the District of Maryland, which was dismissed for lack of subject matter jurisdiction. The Fourth Circuit summarily affirmed. Tatum v. United States, No. 07-1876 (4th Cir. Apr. 4, 2008) (per curiam). In July of 2008, Tatum then filed a writ of error coram nobis with NMCCA, which that court denied. Tatum v. United States, No. NMCCA 9202530 (N-M. Ct. Crim. App. Sept. 28, 2008). CAAF denied Tatum’s writ appeal in March. United States v. Tatum, 67 M.J. 370 (C.A.A.F. 2009) (summary disposition). Then, on 8 June, Tatum filed a pro se cert petition, which the Supremes docketed this past week. However, under current law, the Supremes clearly have no statutory cert jurisdiction over the case. See 28 U.S.C. § 1259.