No. 23-66

Norbert A. King, II v. United States

Lower Court: Armed Forces
Docketed: 2023-07-24
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure child-sex-crimes due-process federal-appellate-practice judicial-impartiality military-judge military-justice prosecutorial-ethics record-on-appeal record-supplementation statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does the lower court's decision to allow the government to supplement the record mid-appeal demonstrate a misapplication of statutory canons and affect the petitioner's due process rights?

Question Presented (from Petition)

QUESTIONS PRESENTED The Questions Presented are: 1. The lower court endorsed the Government’s supplementation of the “record” with new documents mid-appeal. Does the lower Court’s decision, which demonstrates a misapplication of the canons of statutory affecting Petitioner’s Due Process rights—and highlights a difference in federal appellate practice regarding the addition of new materials to the “record” on appeal, necessitate this Court’s intervention? 2. Can a federal prosecutor of child sex crimes cases also serve as a military judge in a child sex crime case without an appearance of partiality?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-02
DISTRIBUTED for Conference of 9/26/2023.
2023-07-31
Waiver of right of respondent United States to respond filed.
2023-07-20
Petition for a writ of certiorari filed. (Response due August 23, 2023)
2023-04-27
Application (22A942) granted by The Chief Justice extending the time to file until July 23, 2023.
2023-04-25
Application (22A942) to extend the time to file a petition for a writ of certiorari from May 24, 2023 to July 23, 2023, submitted to The Chief Justice.

Attorneys

Norbert A. King II
Tami L. MitchellLaw Office of Tami L. Mitchell, Petitioner
Tami L. MitchellLaw Office of Tami L. Mitchell, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent