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To: Danae
Here’s to this case getting fast tracked to SCOTUS.

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.

95 posted on 12/14/2010 11:32:23 AM PST by Red Steel
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To: Red Steel
SCOTUS has jurisdiction. They can take up the case.

Leaving aside the issue of the guilty plea, SCOTUS does not have jurisdiction of this case, and may never get it.

A military defendant convicted at a court martial has a right to appeal to the Court of Appeals of that branch of the service (in this case, the Army Court of Military Apeals). If that court upholds the conviction, the defendant can ask the United States Court of Appeals for the Armed Forces (CAAF) to hear his appeal, but that court's jurisdiction is discretionary; they can refuse to hear any case without giving any reason.

If the CAAF refuses to hear the case, the case is over and there is no right to even ask SCOTUS to hear the case. Only if the CAAF agrees to hear the case, and then upholds the conviction, is there a right to ask SCOTUS to hear the case, but there again, SCOTUS's jurisdiction is discretionary and they may refuse to hear the case without giving a reason.

108 posted on 12/14/2010 11:44:19 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Red Steel

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.”


114 posted on 12/14/2010 11:56:46 AM PST by jamese777
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