Judge Boyle just issued this order directing additional briefing in the habeas case challenging the capital court-martial proceedings at Fort Bragg in United States v. Hennis.  The order provides:

The Court hereby directs Respondents [essentially the Army] to file a supplemental memorandum on or before March 8, 2010, addressing the following issues:  (1) double jeopardy; (2) abstention; (3) declining to entertain this petition until Petitioner has exhausted all avaivable military remedies; and (4) Petitioner’s status as a member of the military durnig the time between his expiration of term of service (“ETS”) date during his State incarceration, his subsequent release from State custody, and his re-enlistment.  Petitioner is directed to file a supplemental memorandum in response addressing the same issues on or before March 15, 2010.

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