No. 22-1015

Leon A. Brown, IV v. United States

Lower Court: Ninth Circuit
Docketed: 2023-04-19
Status: Denied
Type: Paid
Response Waived
Tags: article-iii-courts burns-v-wilson circuit-split exculpatory-evidence military-habeas-corpus military-justice-act military-justice-act-of-1983 uniform-code-of-military-justice
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-05-25
Question Presented (AI Summary)

Whether the Court should overrule Burns v. Wilson

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Whether the Court should overrule Burns v. Wilson, 346 U.S. 137 (1953), where its validity has been undermined by a circuit split in its application, the enactment of the Military Justice Act of 1983, and development of military jurisprudence over the last 70 years, and if so, what is the proper scope and standard of review of military habeas corpus cases in Article III courts? Il. Whether Article III courts have a duty to review newly discovered exculpatory evidence time barred from military court review under Article 73 of the Uniform Code of Military Justice (UCMJ”), 10 U.S.C. § 873? ii STATEMENT OF

Docket Entries

2023-05-30
Petition DENIED.
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2023-05-01
Waiver of right of respondent United States of America to respond filed.
2023-04-14
2023-01-20
Application (22A650) granted by Justice Kagan extending the time to file until April 14, 2023.
2023-01-17
Application (22A650) to extend the time to file a petition for a writ of certiorari from February 13, 2023 to April 14, 2023, submitted to Justice Kagan.

Attorneys

Leon Brown IV
Breana Shannen FrankelThe Law Offices of Breana Frankel, Petitioner
Breana Shannen FrankelThe Law Offices of Breana Frankel, Petitioner
Military-Veterans Advocacy
John Bennett WellsMilitary-Veterans Advocacy, Amicus
John Bennett WellsMilitary-Veterans Advocacy, Amicus
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent