When we last visited the habeas appeal of Hennis v. Hemlick, No. 10-6400, the Fourth Circuit denied a request to halt retired Army Master Sergeant Timothy Hennis’s capital court-martial pending its resolution of his appeal of the United States District Court for the Eastern District of North Caolina’s denial of his habeas petition.   Hennis v. Hemlick, No. 10-6400 (4th Cir. Apr. 1, 2010). The court-martial proceeded and Hennis was convicted and sentenced to death.

Now the Fourth Circuit has issued this briefing order, under which Hennis’s brief is due on 16 August and the government’s brief is due on 17 September.

7 Responses to “4th Circuit issues briefing order in Hennis habeas appeal”

  1. Look, pal says:

    Looks like the Army is going to get another beatdown. They wouldn’t ask for briefing if they weren’t leaning towards relief….

  2. Outwest says:

    This has nothing to do with the Army conviction. The 4th is only giving the defense a final notice they that must file or else …..

  3. John O'Connor says:

    This is just a standard briefing schedule that the computer spits out when a civil appeal has been docketed in the 4th Circuit. There’s no message here.

  4. Jason Grover says:

    Thanks for the insight. Some of us in the military don’t understand standard practice on the outside. Good to have that perspective.

  5. Billy Sago says:

    I doubt the defense will even respond. The case gone full circle so now it’s time for the Tootsie Roll strategy by making the appeals process last a long, long time since the death sentence is involved.

  6. John O'Connor says:

    Not responding will not make the appeals process last longer; it will make it shorter. The Fourth Circuit will hold the appeal abandoned if no brief is timely filed.

  7. Billy Sago says:

    In hindsight, I see your point and it is well taken. After all, why limit your VENUES of appeal even if it may be fruitless? Nonetheless, it should be expected to last for many years.