Loving looking toward the Supremes
This has been a busy week for me, so I missed this development on SCOTUS’s docket: on Tuesday, counsel for military death row prisoner Dwight Loving sought an extension of the cert filing deadline from 30 November to 30 December. Loving v. United States, No. 09A481. Today Chief Justice Roberts granted the request. CAAF’s opinion denying habeas relief is available here. Loving v. United States, 68 M.J. 1 (C.A.A.F. 2009). It isn’t immediately apparent to me how the Supremes have jurisdiction over this one, though the Court has found jurisdiction where I wouldn’t have expected it to before. 
Any theories?
Col. Sullivan, are you talking about SCOTUS Jurisdiction on the order to extend the cert filing deadline? Or are you talking about some future senario if they grant review?
I’m trying to find the Briefs online (if it could be had), I would imagine counsel laying the foundation for Jurisdiction there.
I am a little perplexed as I had thought perhaps the Loving team would have adopted the dissent’s position that CAAF really didn’t have habeus jurisdiction and so that was just a “practice” round and that they would start off in Federal District Court a la Gray and work their way up.
CAAF denied the habeas petition alleging IAC on the merits, so presumably Article 67a, provides jurisdiction, even though it was an extraordinary writ. And as the majority pointed out, the case isn’t “ripe” for an Article III, habeas petition.
Consider the “jurisdictional” issue in Denedo – this is a logical follow-on to that — whether SCOTUS will buy off on it, is a more tenuous issue.