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Derek L. Dinger v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 17-0510/MC · judgment June 18, 2018

Certiorari denied · November 13, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

After petitioner’s offenses, the Court of Appeals for the Armed Forces overruled two precedents without fair warning and held that a court-martial can sentence retired Navy and Marine Corps personnel to a dishonorable discharge. Did it violate due process to apply the new rule to him? See Bouie v. City of Columbia, 378 U.S. 347 (1964).

Counsel of record

For petitioner
Eugene Roy Fidell
Feldesman Leifer LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Nov 13 2018
    Petition DENIED.
  2. Oct 29 2018
    Brief amici curiae of National Institute of Military Justice, et al. filed. (Distributed)
  3. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  4. Oct 17 2018
    Waiver of right of respondent United States to respond filed.
  5. Oct 05 2018
    Petition for a writ of certiorari filed. (Response due November 13, 2018)