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.

6 Responses to “Another jurisdictionless military cert petition”

  1. Gene Fidell says:

    I hope Mr. New did not pay a farthing for this cert petition.

  2. Bill C says:

    Over the years Mr. New has had numerous “public interest” groups representing him, so I assume this is being done under that umbrella.  But it is hard to see how this is not frivolous given the jurisdictional bar.

  3. soonergrunt says:

    New and his exploiters supporters keep hoping that with a somewhat stronger conservative majority on the SCOTUS that they’ll finally get a bite at the apple.
    What I don’t understand is why any attorney who is actually working for a living would spend time on this, even ideologues don’t want to waste billable hours, generally.

  4. WWJD says:

    Yeah, I would sa you are wrong on both accounts. A good shyster will step over their own Mother for a buck. Although an Attorney like Herbert W. Titus, Harvard grad and former Vice Presidential Candidate, certainly doesn’t need the money. But he is a politician and his possible motivations are evident.
    Second, I am not sure what “somewhat stronger conservative majority” that has Kennedy the wobbler and Roberts the Flipper on it.

  5. soonergrunt says:

    Cause it didn’t work in my posting above…

  6. soonergrunt says:

    CSS strikethrough?
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