On Tuesday, CAAF issued a show cause order in response to a habeas petition in Osheskie v. United States,

No.  09-8028.  Can anyone fills us in on the issue?  (As always, you can e-mail us at caaflog@caaflog.com.)

4 Responses to “CAAF issues show cause order in naval habeas case”

  1. Anonymous says:

    And the issue is – Petitioner received ineffective assistance of counsel by his counsels’ failure to advise him of a viable SIDS defense. Had his counsel advised him of such a defense, he would have contested his court-martial, rather than pleading guilty.

    This case was final in 2006 – 63 MJ 432. So perhaps Mr O should have brought this petition as a writ of coram nobis a la Denedo. Not sure a habeas writ will avoid the jurisdictional hammer.

  2. Phil Cave says:

    There must be the laying of the hands on some new evidence then?

  3. John O'Connor says:

    Pleaded guilty and admitted guilt in a providence inquiry, and now seeking habeas on the theory either that (1) he lied in admitting his guilt at his court-martial, or (2) told the truth about his guilt but he would have gotten away with it if it weren’t for those meddling kid (lawyers not telling him he could try an untrue SIDS argument).

    I’m sorry, no soup for you.

  4. Southern Defense Counsel says:

    Agree with JO’C on this one. I cannot see how one could admit to killing (presumably) his own child, no matter how insistent tdc was in getting a deal.