No. 25-695
Maxwell A. Matthew v. United States
Response Waived
Tags: convening-authority court-martial criminal-procedure double-jeopardy fifth-amendment military-justice
Key Terms:
FifthAmendment DueProcess Privacy JusticiabilityDoctri
FifthAmendment DueProcess Privacy JusticiabilityDoctri
Latest Conference:
2026-01-16
Question Presented (AI Summary)
Did the Convening Authority's action of ordering a second court-martial for the same offenses violate the Fifth Amendment's double jeopardy clause?
Question Presented (OCR Extract)
Staff Sergeant ( SSgt ) Maxwell A. Matthew’s Convening Authority ordered his court -martial conviction expunged. He then ordered SSgt Matthew to again face a court -martial for the same offenses for which his initial court -martial tried him. The Convening Authority did this because the government lost a portion of the court reporter’s transcription of the court -martial. The question presented is: did the Convening Authority’s action violate the Fifth Amendment’s double jeopardy clause?
Docket Entries
2026-01-20
Petition DENIED.
2025-12-30
DISTRIBUTED for Conference of 1/16/2026.
2025-12-22
Waiver of United States of right to respond submitted.
2025-12-22
Waiver of right of respondent United States to respond filed.
2025-12-11
Petition for a writ of certiorari filed. (Response due January 14, 2026)
2025-09-25
Application (25A341) granted by The Chief Justice extending the time to file until December 19, 2025.
2025-09-22
Application (25A341) to extend the time to file a petition for a writ of certiorari from October 20, 2025 to December 19, 2025, submitted to The Chief Justice.
Attorneys
United States
D. John Sauer — Solicitor General, Respondent
D. John Sauer — Solicitor General, Respondent