We’ve periodically noted the filing of cert petitions filed in military justice cases where the Supremes don’t have certioari jurisdiction. Now there’s a new one — in more ways than one. A cert petition has been filed in New v. United States, No. 12-892. The problem is that CAAF denied Michael New’s writ appeal. New v. United States, 71 M.J. 395 (C.A.A.F. 2012). That doesn’t bring the case within the Supremes’ cert jurisdiction. See 28 U.S.C. § 1259. Traditionally, the SG has waived response in such cases rather than pointing out the jurisdiction defect and the petitions have been denied in due course.