No. 18-454

Derek L. Dinger v. United States

Lower Court: Armed Forces
Docketed: 2018-10-11
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: bouie-v-city-of-columbia court-martial due-process ex-post-facto military-justice precedent-overruling retired-personnel retroactive-application retroactivity sentencing sentencing-rules
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Whether applying a new rule allowing court-martial to sentence retired Navy and Marine Corps personnel to a dishonorable discharge violated due process

Question Presented (OCR Extract)

QUESTION PRESENTED After petitioner’s offenses, the Court of Appeals for the Armed Forces overruled two precedents without fair warning and held that a court-martial can sentence retired Navy and Marine Corps personnel to a dishonorable discharge. Did it violate due process to apply the new rule to him? See Bouie v. City of Columbia, 378 U.S. 347 (1964).

Docket Entries

2018-11-13
Petition DENIED.
2018-10-29
Brief amici curiae of National Institute of Military Justice, et al. filed. (Distributed)
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-17
Waiver of right of respondent United States to respond filed.
2018-10-05
Petition for a writ of certiorari filed. (Response due November 13, 2018)

Attorneys

Derek L. Dinger
Eugene R. FidellFeldesman Tucker Leifer Fidell LLP, Petitioner
National Institute of Military Justice, et al.
Michael Meredith EpsteinAmicus Project at Southwestern Law School, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent