In March, the United States District Court for the Eastern District of North Carolina issued this ruling denying Master Sergeant Timothy Hennis (Ret.)’s habeas petition seeking to stop his capital court-martial on double jeopardy grounds. As the court-martial case was being litigated, Hennis’s counsel sought injunctive relief from the Fourth Circuit, which was denied in this order. Hennis was then convicted and sentenced to death. But the 4th Circuit litigation lives on.
On Friday, the 4th Circuit issued this order granting Hennis’s counsel’s third request for an extension of time to file an opening brief in support of Hennis’s appeal of the Eastern District’s denial of habeas relief. The brief is now due on 17 December. The order notes that “[a]ny further request for extension shall be disfavored.”