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Re: SCOTUS cert jurisdiction



Thanks, Dwight!
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566

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On Oct 18, 2010, at 3:05 PM, Sullivan, Dwight H CIV USAF AFLOA/JAJA wrote:

Neal,

I'm pasting below the statute providing the Supremes with cert jurisdiction over military justice cases.  Cert jurisdiction over petitions for extraordinary relief within the military justice system fall under § 1259(4).  That provision requires that CAAF have granted relief in order for SCOTUS to have cert jurisdiction:

Decisions of the United States Court of Appeals for the Armed Forces may be reviewed by the Supreme Court by writ of certiorari in the following cases:


(1) Cases reviewed by the Court of Appeals for the Armed Forces under section 867(a)(1) of title 10.


(2) Cases certified to the Court of Appeals for the Armed Forces by the Judge Advocate General under section 867(a)(2) of title 10.


(3) Cases in which the Court of Appeals for the Armed Forces granted a petition for review under section 867(a)(3) of title 10.


(4) Cases, other than those described in paragraphs (1), (2), and (3) of this subsection, in which the Court of Appeals for the Armed Forces granted relief.


28 U.S.C. § 1259

Semper Fi,
Dwight