No. 22-540

Paul Anthony Riojas v. Department of the Army, et al.

Lower Court: Fifth Circuit
Docketed: 2022-12-13
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: circuit-court-standards civil-rights constitutional-interpretation due-process habeas-corpus judicial-review military-court-review military-justice service-member standard-of-review
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-11-09 (distributed 3 times)
Question Presented (AI Summary)

Whether the proper scope and standard of review for a service member's habeas corpus petition challenging a military court proceeding is in accordance with the Burns v. Wilson 'full and fair consideration' standard

Question Presented (OCR Extract)

Questions Presented for Review . In Burns v. Wilson, 346 U.S. 137 (1958), this Court addressed the scope of review the civil courts must apply when considering a service member’s _ habeas corpus petition challenging a military court proceeding. However, the Court did not offer a detailed scope for the lower courts to apply. This has resulted in the Circuit Courts developing drastically different frameworks where a petitioner’s success in gaining review is dependent upon which Circuit the petition is filed. 1. Of the varying Circuit Courts’ developed standards for determining if review of a military proceeding is appropriate, which scope and standard of review is proper and in accordance with the Burns’ full and fair consideration standard? 2. Does the holding in Fletcher v. Outlaw, 578 F.3d 274 (5th Cir. 2009), as applied in Riojas’ case, adequately determine whether a military court fully and fairly considered a claim when it does not account for an abuse of discretion or whether proper legal standards were applied? . ! | ' Parties to Proceeding e 1. Christine E. Wormuth, Secretary of the Army

Docket Entries

2023-11-13
Petition DENIED.
2023-10-24
DISTRIBUTED for Conference of 11/9/2023.
2023-05-22
Rescheduled.
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2023-04-28
2023-04-19
Brief of respondents Department of the Army, et al. in opposition filed.
2023-03-03
Response to motion to extend the time to file a response from petitioner filed. (Received March 13, 2023)
2023-03-02
Motion to extend the time to file a response is granted and the time is further extended to and including April 19, 2023.
2023-03-01
Motion to extend the time to file a response from March 20, 2023 to April 19, 2023, submitted to The Clerk.
2023-02-13
Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2023.
2023-02-10
Motion to extend the time to file a response from February 16, 2023 to March 20, 2023, submitted to The Clerk.
2023-01-17
Response Requested. (Due February 16, 2023)
2023-01-04
DISTRIBUTED for Conference of 1/20/2023.
2022-12-30
Waiver of right of respondent Department of the Army, et al. to respond filed.
2022-12-06
Petition for a writ of certiorari filed. (Response due January 12, 2023)

Attorneys

Department of the Army, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Paul Anthony Riojas
Paul Anthony Riojas — Petitioner
Paul Anthony Riojas — Petitioner