D'Andre M. Johnson v. United States
Punishment Privacy JusticiabilityDoctri
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
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