Comments on: Loving looking toward the Supremes http://www.caaflog.com/2009/11/20/loving-looking-toward-the-supremes/ Covering the Military Justice System Fri, 10 Feb 2012 01:57:57 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Dew_Process http://www.caaflog.com/2009/11/20/loving-looking-toward-the-supremes/comment-page-1/#comment-10543 Dew_Process Sat, 21 Nov 2009 21:44:35 +0000 http://www.caaflog.com/?p=3557#comment-10543 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. 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.

]]> By: Anonymous http://www.caaflog.com/2009/11/20/loving-looking-toward-the-supremes/comment-page-1/#comment-10540 Anonymous Sat, 21 Nov 2009 18:00:32 +0000 http://www.caaflog.com/?p=3557#comment-10540 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. 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.

]]> By: Cossio http://www.caaflog.com/2009/11/20/loving-looking-toward-the-supremes/comment-page-1/#comment-10538 Cossio Sat, 21 Nov 2009 16:17:09 +0000 http://www.caaflog.com/?p=3557#comment-10538 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. 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.

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