In a petition filed yesterday and available here, the Solicitor General seeks Supreme Court review of CAAF’s summary affirmation of the Air Force CCA’s decision in United States v. Collins, 78 M.J. 415 (C.A.A.F. Mar. 12, 2019) (CAAFlog case page).

The petition in Collins presents the exact same question as the petition filed by the Solicitor General in Briggs (discussed here):

Whether the Court of Appeals for the Armed Forces erred in concluding—contrary to its own longstanding precedent—that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years.

The petition asks the Court to grant certiorari in both cases and consolidate them or briefing, for to hold the petition in Collins pending resolution of Briggs.

Update: The petition also includes CAAF’s summary disposition in United States v. Daniels, No. 19-0345/AF (noted here)

One Response to “The Solicitor General files a cert. petition in Collins; requests consolidation with Briggs”

  1. Michael Lowrey says:

    Unsurprising. What is surprising is that in neither Briggs nor Collins is the government challenging CAAF and the AFCCA’s determination that Musacchio doesn’t apply in the military justice system.
    Collins presents a bit of a different situation than Briggs. One of the issues in Briggs is whether the 2006 amendment setting no SOL for rape applies retroactively. That issue doesn’t apply in Collins; who was charged with raping a woman in August 2000, meaning that if the SOL was five years at the time, then the SOL would have run before the 2006 amendment. This is a two-fer as well: the Solicitor General is also seeking certiorari for Daniels as well (also not a surprise.) It’s like Collins in that the rape happened more than five years before the 2006 amendment.