No. 19-55

James W. Richards, IV v. Barbara M. Barrett, Secretary of the Air Force, et al.

Lower Court: Armed Forces
Docketed: 2019-07-10
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: all-writs-act article-i article-i-court caaf executive-branch extraordinary-writ jurisdiction military-courts military-jurisdiction uniform-code-military-justice uniform-code-of-military-justice
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (AI Summary)

Can the Executive Branch divest an Article I military court of appeals of jurisdiction over an extraordinary writ brought under the All Writs Act, 28 U.S.C. § 1651(a), once jurisdiction has vested under the Uniform Code of Military Justice?

Question Presented (from Petition)

QUESTION PRESENTED Petitioner submitted a Petition for Extraordinary Relief in the Nature of a Writ of Mandamus to the Air Force Court of Criminal Appeals (AFCCA), seeking redress from the Government's ex post facto application of good conduct time confinement credits. The AFCCA determined it had jurisdiction to review the petition under the All Writs Act, 28 U.S.C. § 1651(a). In doing so, the AFCCA declined the Government’s request to dismiss due to the Secretary of the Air Force’s action to finalize the case, reasoning that the petition had been docketed and fully briefed prior to such finalization. The AFCCA subsequently denied the petition on its merits. Petitioner timely appealed the AFCCA’s decision to the Court of Appeals for the Armed Forces (CAAF), which possessed jurisdiction over all cases reviewed by the AFCCA. The CAAF then dismissed the writ-appeal for lack of jurisdiction. The Question Presented is: Can the Executive Branch divest an Article I military court of appeals of jurisdiction over an extraordinary writ brought under the All Writs Act, 28 U.S.C. § 1651(a), once jurisdiction has vested under the Uniform Code of Military Justice? i

Docket Entries

2020-05-18
Petition DENIED.
2020-04-22
DISTRIBUTED for Conference of 5/15/2020.
2020-04-21
Reply of petitioner James Richards filed. (Distributed)
2020-03-25
Motion to delay distribution of the petition for a writ certiorari until April 22, 2020, granted.
2020-03-25
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 8, 2020 to April 22, 2020, submitted to The Clerk.
2020-03-23
Brief of respondents Barbara M. Barrett, Secretary of the Air Force, et al. in opposition filed.
2020-01-21
Motion to extend the time to file a response is granted and the time is further extended to and including March 23, 2020.
2020-01-17
Motion to extend the time to file a response from January 21, 2020 to March 23, 2020, submitted to The Clerk.
2019-11-12
Motion to extend the time to file a response is granted and the time is further extended to and including January 21, 2020.
2019-11-08
Motion to extend the time to file a response from November 21, 2019 to January 20, 2020, submitted to The Clerk.
2019-10-10
Motion to extend the time to file a response is granted and the time is further extended to and including November 21, 2019.
2019-10-09
Motion to extend the time to file a response from October 15, 2019 to November 21, 2019, submitted to The Clerk.
2019-09-05
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2019.
2019-09-04
Motion to extend the time to file a response from September 13, 2019 to October 15, 2019, submitted to The Clerk.
2019-08-14
Response Requested. (Due September 13, 2019)
2019-07-31
DISTRIBUTED for Conference of 10/1/2019.
2019-07-17
Waiver of right of respondent Donovan, Matthew, et al. to respond filed.
2019-07-08
Petition for a writ of certiorari filed. (Response due August 9, 2019)
2019-05-22
Application (18A1205) granted by The Chief Justice extending the time to file until July 9, 2019.
2019-05-20
Application (18A1205) to extend the time to file a petition for a writ of certiorari from May 30, 2019 to July 9, 2019, submitted to The Chief Justice.

Attorneys

Barbara M. Barrett, Secretary of the Air Force, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
James Richards
Mark Clifford BrueggerU.S. Air Force, Petitioner
Mark Clifford BrueggerU.S. Air Force, Petitioner