LTC Lakin Writ sitrep

Philip D. Cave — Thu, 30 Sep 2010 10:05:27 GMT

The Army Court of Criminal Appeals rules are here. As previously indicated there is no “deadline” for the filing of a writ petition in this situation, but once a petition is filed several deadlines and requirements kick in. Like DMLHS I have a request in for a copy of the petition. Note that in Cheney v. United States District Court, 542 U.S. 367 (2004), the equitable doctrine of laches arose and was discussed in regard to a late filing of a petition for mandamus.

Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights[.]

The following Rules are relevant to a writ.

Rule 2(b). The court has discretion to “entertain petitions for extraordinary relief,” and that would be under the All Writs Act, 28 U. S. Code Sec. 1651(a). See Noyd v. Bond, 395 U.S. 683, 695, n.7 (1969); Willenbring v. Neurauter, 48 M.J. 152 (C.A.A.F. 1998).

Rules 8 and 13. I am assuming that Mr. Jensen is not formally admitted to practice before ACCA, or any other military appellate court except possibly CAAF. Thus he would have to appear pro hac vice. I don’t have any indication that Mr. Jensen has asked for appointment of military appellate counsel to assist.

See also Rule 13.1(c).

Rule 20.

If a show cause order is issued the government has 10 days to answer, and then the petitioner has seven days to answer the government’s filing.

So, the first guess, will ACCA issue a show cause order? My guess, no. Here is the language from the rule that most of us are relying on to say that LTC Lakin won’t get his requested relief.

cheney - Philip D. Cave

LTC Lakin Writ sitrep