A cert petition has been filed seeking review of CAAF’s decision in United States v. Smith, 68 M.J. 445 (C.A.A.F. 2010).  Smith v. United States, No. 10-18.  Smith is a Coast Guard case.  Counsel of record is Daniel S. Volchok of Wilmer Cutler Pickering Hale and Dorr LLP, who clerked for Justice Souter in the October 2004 term.  Former Solicitor General Seth Waxman, former Assistant to the SG Edward C. DuMont, and A. Stephen Hut (best known to the No Man and me for his win that derailed Maryland’s death penalty in Evans v. State) also represent the petitioner.

Kabul Klipper, maybe you should unbolt the Golden CAAF II from the TV set in your state room; it may be going on a cattle drive.

Here’s the QP:  “When a trial judge’s restriction on the cross-examination of a prosecution witness is challenged on appeal as a violation of the Confrontation Clause, is the standard of review de novo, as five circuits have held, or abuse of discretion, as six other circuits (and the court of appeals here) have concluded?”

The full cert petition is available here.

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