Cert. denied in Behenna, SCOTUSBlog coverage here and orders list here.  H/t SCOTUSBlog.

5 Responses to “Golden CAAF Continues to Hang Ten (or 4)”

  1. k fischer says:

    No Man,
    Cows have cloven hooves, so technically the Golden CAAF with all four hooves on the edge of the board would be hanging eight……..Dude.  That is unless the Cow uncharacteristically stood on it’s hind legs as depicted on Chick Fil A billboards, in which it would in fact be hanging four.
    It is quite impressive that you have taken a sport as complex as surfing and put in on a farm similar to Spinal Tap taking an idea as sophisticated as sex and putting it on a farm.  Nonetheless, this sucks for LT Behenna. 

  2. Babu says:

    Would a SCOTUS denial of a direct appeal of a CAAF decision also preclude a collateral attack in federal district court under habeas?

  3. Roger Herman says:

    This is another shot in the back to our men defending this country.  We haven’t won a major war since 1945 because of political correctness and idiotic rules of engagement that our troops must follow (the enemy doesn’t follow rules, but uses our ROE’s against us).  I saw the beginnings of this insanity in Vietnam.  The idea of “victory” is no longer in the lexicon of politicians and senior military officers.  The enemy only understands one thing, and that is brute force with no mercy.  What’s happening to our armed forces today is total emasculation.  It is an outrage!  The traditional military warriors are getting out of the service as fast as they can.  And we are quickly going to have a completely hollowed out force.
    I can’t find out who the judges were that so quickly refused to consider Michael Behenna’s case.  If anyone knows who they were, I would like to know.

  4. Dew_Process says:

    @Babu – No, a cert. denial has no precedential value one way or the other.  However, the habeas jurisprudence in the 10th Circuit is horrendous when it comes to military prisoners.

  5. Babu says:

    Thanks DP.  With the amount of briefing done in this case, it should be pretty easy to copy and paste a decent petition for habeas, even pro se.  And even if the odds for habeas relief in the 10th Circuit are slim, they are still probably better than the odds were for a SCOTUS grant.