The Supreme Court has docketed a cert petition in Miller v. United States, No. 09-1408. Here’s the QP:
Whether the Army Court of Criminal Appeals abrogated petitioner’s right to a jury under the Uniform Code of Military Justice, 10 U.S.C. §§ 825 and 852, by reassessing petitioner’s sentence after significant charges were set side on appeal, rather than remanding the case for a sentence rehearing by a jury of enlisted members, as petitioner originally selected?
The cert petition in essence asks the Court to overturn Jackson v. Taylor, 353 U.S. 569 (1957). And this will give the No Man a Chris Matthews-like thrill up the leg (that’s Chris Matthews the CNN host, not our Judge Mathews the Greatest): the cert petition relies, in part, on Apprendi.
The main portion of the cert petition is available here.