Replies

Here here.

I don’t even know the mechanism by which it does.... how does the Military JAG work with regards to that?

SCOTUS has jurisdiction. They can take up the case.

The Court of Appeals for the Armed Forces has jurisdiction and only they can refer this case to the Supreme Court. Since Lt.C. Lakin has pleaded guilty, an appeal is highly unlikely since Lt.C. Lakin has to meet with Judge Lind and convince her that he understands all the ramifications of entering guilty pleas.

“The Supreme Court of the United States has discretion under 28 U.S.C. § 1259 to review cases under the UCMJ on direct appeal where the CAAF has conducted a mandatory review (death penalty and certified cases), granted discretionary review of a petition, or otherwise granted relief. If the CAAF denies a petition for review or a writ appeal, consideration by the Supreme Court may be obtained only through collateral review (e.g., a writ of habeas corpus).Since 2007, several bills have been introduced into Congress to expand the accessibility of service members to the Supreme Court.”

"e.g., a writ of habeas corpus"

And before anyone says anything about a habeas petition to the Court, it should be pointed out that Lakin won't be confined for nearly enough time for a habeas petition to be filed. And, clearly a habeas petition can't be filed once the prisoner is released.

For all practical legal purposes, his appellate options are foreclosed, at least with respect to failure to obey. The missing movement charge is a bit more complicated, if for no other reason than he's accused of missing civilian transportation. There's some wiggle room for the defense here - not a lot, but a tiny bit.