The Supremes have docketed a pro se IFP cert petition in Hardeman v. United States, NO. 09-9805.  The SG’s response deadline is 26 April 2010.

But it’s an odd cert petition.  CAAF DENIED Hardeman’s petition for grant of review on 12 March 2009.  United States v. Hardeman, 67 M.J. 372 (C.A.A.F. 2009).  That denial, of course, forecloses SCOTUS cert jurisdiction.  See 10 U.S.C. § 867a (2006).  Even if CAAF had granted review, Hardeman’s cert petition was way late.  He filed it on 4 September 2009 — 176 days after the denial of his petition.  The the Supremes waited from then nntil 26 March to docket it.  Odd.

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