No. 22-1015
Leon A. Brown, IV v. United States
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
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
Petition for a writ of certiorari filed. (Response due May 19, 2023)
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 Frankel — The Law Offices of Breana Frankel, Petitioner
Breana Shannen Frankel — The Law Offices of Breana Frankel, Petitioner
Military-Veterans Advocacy
John Bennett Wells — Military-Veterans Advocacy, Amicus
John Bennett Wells — Military-Veterans Advocacy, Amicus
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent