No. 23-371

D'Andre M. Johnson v. United States

Lower Court: Armed Forces
Docketed: 2023-10-06
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: case-scope court-of-appeals harmonious-reading jurisdiction jurisdictional-question legal-sufficiency legislative-history military-justice standard-of-review statutory-interpretation surplusage-canon
Key Terms:
Punishment Privacy JusticiabilityDoctri
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Whether 28 U.S.C. § 1259(8) gives this Court jurisdiction to consider issues raised to, but not granted review by, the Court of Appeals for the Armed Forces

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. 28 U.S.C. § 1259(8) states that this Court may review “[c]Jases in which the Court of Appeals for the Armed Forces granted a petition for review.” Does 28 U.S.C. § 1259(8) give this Court jurisdiction, as part of the case, to consider issues raised to, but not granted review by, the Court of Appeals for the Armed Forces? II. Is Second Lieutenant Johnson’s conviction for sexually assaulting M.P. legally sufficient?! 1 Second Lieutenant Johnson raised Issue II to the Court of Appeals for the Armed Forces, but it did not grant his petition for review on this issue. i PROCEEDINGS The following is a list of all proceedings related to this case: (1) United States v. Johnson, No. ACM 39676, 2020 CCA LEXIS 364 (A.F. Ct. Crim. App. Oct. 16, 2020) (2) United States v. Johnson, 81 M.J. 451 (C.A.A.F. 2021) (3) United States v. Johnson, No. ACM 39676 (rem), 2022 CCA LEXIS 418 (A.F. Ct. Crim. App. July 19, 2022) (4) United States v. Johnson, No. 22-0280/AF, 2023 CAAF LEXIS 303 (C.A.A.F. May 8, 2023) ii

Docket Entries

2023-11-13
Petition DENIED.
2023-11-01
Brief amici curiae of U.S. Coast Guard Defense Services & U.S. Navy-Marine Corps Appellate Defense Division filed. (Distributed)
2023-10-24
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States to respond filed.
2023-10-03
Petition for a writ of certiorari filed. (Response due November 6, 2023)
2023-07-24
Application (23A64) granted by The Chief Justice extending the time to file until October 5, 2023.
2023-07-20
Application (23A64) to extend the time to file a petition for a writ of certiorari from August 6, 2023 to October 5, 2023, submitted to The Chief Justice.

Attorneys

D'Andre Johnson
Spencer Ross NelsonUnited States Air Force, Air Force JAG Corps, Petitioner
Spencer Ross NelsonUnited States Air Force, Air Force JAG Corps, Petitioner
U.S. Coast Guard Defense Services & U.S. Navy-Marine Corps Appellate Defense Division
Thomas David CookUS Coast Guard, Amicus
Thomas David CookUS Coast Guard, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent