No. 19-1420
Jared D. Herrmann v. Ryan McCarthy, Secretary of the Army
Response Waived
Experienced Counsel
Tags: certificate-of-appealability collateral-consequences constitutional-challenge custody custody-interpretation federal-appeal federal-jurisdiction habeas-corpus military-tribunals subject-matter-jurisdiction
Key Terms:
HabeasCorpus JusticiabilityDoctri Jurisdiction
HabeasCorpus JusticiabilityDoctri Jurisdiction
Latest Conference:
2020-09-29
Question Presented (AI Summary)
Whether the district court misinterpreted its subject matter jurisdiction
Question Presented (OCR Extract)
QUESTION PRESENTED FOR REVIEW Whether the district court misinterpreted its subject matter jurisdiction when dismissing without adjudication petitioner’s 28 U.S.C. § 2241 Federal habeas challenge to Article I military tribunals’ constitutional rulings, where this Court and all U.S. Circuit Courts of Appeals have held that the statutory term “in custody” does not mean actual physical confinement as long as collateral consequences from the conviction remain affixed after release, and where a certificate of appealabilty is not required for Federal Section 2241 appeals. i
Docket Entries
2020-10-05
Petition DENIED.
2020-07-08
DISTRIBUTED for Conference of 9/29/2020.
2020-06-30
Waiver of right of respondent Secretary of the Army, Ryan McCarthy to respond filed.
2020-06-22
Petition for a writ of certiorari filed. (Response due July 27, 2020)
Attorneys
Jared Herrmann
John N. Maher — Maher Legal Services PC, Petitioner
John N. Maher — Maher Legal Services PC, Petitioner
Secretary of the Army, Ryan McCarthy
Jeffrey B. Wall — Acting Solicitor General, Respondent
Jeffrey B. Wall — Acting Solicitor General, Respondent