Under the Joint Courts of Criminal Appeals’ rules, the first decision for ACCA is whether to issue a show cause order. See Joint CCA R. 20(f) [here]. It can simply deny the petition without issuing a show cause order. But if it does issue a show cause order, the government will then have up to 10 days to file a brief. Id. at R. 20(e). Once GAD files, LTC Lakin’s counsel would then have 7 days to file a reply. Id. If ACCA denies the petition (either before or after a show cause order), LTC Lakin’s counsel will have 20 days to file a writ appeal at CAAF.
As I wrote yesterday, I was quite surprised that Judge Lind pushed back the trial date due to the pendency of the petition for extraordinary relief at ACCA, particularly considering how long LTC Lakin’s counsel dallied before filing. Phil “My Liege” Cave gives some additional context for that decision here. Phil explains, “it seems the judge was doing what’s not uncommon in military cases and giving the defense a one time pass.” In other words, every dog gets one bite.