No. 23-72

Anthony Santucci v. Commandant, United States Disciplinary Barracks, Fort Leavenworth

Lower Court: Tenth Circuit
Docketed: 2023-07-26
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: article-iii-review civil-rights constitutional-determination due-process habeas habeas-corpus military military-tribunals standing stare-decisis
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether this Court's plurality decision in Burnes v. Wilson remains viable when applied to crimes unconnected to military service but prosecuted by Article I military tribunals

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Whether this Court’s plurality decision in Burnes v. Wilson, 346 U.S. 137 (1953) (Article III habeas review not appropriate where Article I military tribunals provided “full” and “fair” direct review, or, where Article I military tribunals were “adequate” to make constitutional determinations), remains viable when applied to crimes unconnected to military service but prosecuted by Article I military tribunals. II. Whether the Court of Appeals articulated a workable test to correctly interpret what “full,” “fair,” and “adequate” Article I direct review legally means to establish a practicable legal standard upon Article III review, to ensure stability and predictability under stare decisis, especially where the Tenth Circuit is the “North Star” for military habeas appeals and each Circuit Court of Appeals and District Court is poised to follow the test announced in Santucci v. Commandant, 66 F 4th 844, 856 (10th Cir. 2023). Ill. Whether the Court of Appeals adequately considered the historical rationales supporting Article III deference to military constitutional determinations to ascertain if the rationale extends to crimes unconnected to military service.

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.
2023-07-24
Petition for a writ of certiorari filed. (Response due August 25, 2023)

Attorneys

Anthony Santucci
John N. MaherMaher Legal Services PC, Petitioner
John N. MaherMaher Legal Services PC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent