Counsel for Army First Lieutenant Michael C. Behenna today filed this cert petition seeking review of CAAF’s decision.  United States v. Behenna, 71 M.J. 228 (C.A.A.F. 2012).

Here’s the QP:

Whether a servicemember in a combat zone categorically forfeits the right to self-defense as a matter of law by pointing a firearm without authorization at a suspected enemy.

The petitioner’s counsel of record is famed SCOTUS litigator Jeffrey L. Fisher of Stanford Law School.  Among Professor Fisher’s co-counsel is famed military justice litigator Donald G. Rehkopf.

Perhaps the Golden CAAF will be making a trek to Palo Alto.

4 Responses to “Behenna cert petition filed”

  1. Sgt Dad says:

    When I read the petition, I was very offended by the Gov’t’s cavalier attitude to its duties under Brady v Maryland. Brady aside, it appears the unrebutted scientific evidence supports the defense case. So, what gives?

  2. John O'Connor says:

    This petition is well done. Best of luck.

    I find it interesting that the Behenna majority finds that his case didn’t arise in an “active battlefield situation,” so ordinary civilian concepts of self-defense should apply, but held in Ali that the accused’s presence in Iraq allowed for the exercise of court-martial jurisdiction over a civilian pursuant to the Constitution’s war powers.

  3. ConLaw says:

    Not saying it should be, but it will be denied. SCOTUS is not a court of error – Chief Justice John Roberts.

  4. SgtDad says:

    That’s probably why a Brady argument was not made.