We’ve previously noted that the Fourth Circuit plans to hear oral argument in an appeal of the denial of habeas relief on jurisdictional grounds arising from the Army capital case of United States v. Hennis.  The oral argument had previously been expected to occur during the last week of September.  Yesterday, the Fourth Circuit moved the likely oral argument date in Hennis v. Hemlick, No. 10-6400, to the 25-28 October 2011 argument window.

2 Responses to “Probable date of 4th Circuit’s Hennis argument moves to 25-28 Oct”

  1. bill almett says:

    Does anyone know when LTC Lakin’s 4th Circuit case will be argued?

  2. Dwight Sullivan says:

    I’m once again confronted with the familiar blog conundrum: I don’t know whether the previous comment was meant in jest.

    Bill, to the best of my knowledge, Lakin never filed any action in any federal district court seeking relief. So he won’t have an appeal to the Fourth Circuit or any other Article III court of appeals. (There’s one hypothetical scenario under which, way in the future, he could file a Little Tucker Act claim in a U.S. District Court and end up in one of the geographic Article III Court of Appeals or file a Tucker Act claim in the U.S. Court of Federal Claims and end up in the Federal Circuit, but a lot of things would have to happen first.)

    LTC Lakin’s first level of appeals is to the Army Court of Criminal Appeals. His case has been docketed before that court. I haven’t made any inquiries to see if his brief has been filed yet, but I guess I should. I doubt his case will ever be orally argued at ACCA. There probably won’t be any issues in the case of the sort that result in oral argument. Once ACCA decides his case, he can ask the Court of Appeals for the Armed Forces to review it. But that review is discretionary. It won’t likely be exercised in this case; it doesn’t seem to include any issue of the sort that leads CAAF to grant review. (There was no Article 134 charge in the case, so it can’t even become a Fosler trailer.)