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Jared D. Herrmann v. Ryan McCarthy, Secretary of the Army

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-16186 · judgment January 22, 2020


Certiorari denied · October 5, 2020
Pre-decision estimate: 2% cert probability

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

Question presented

Whether the district court misinterpreted its subject matter jurisdiction when dismissing without adjudication petitioner’s 28 U.S.C. § 2241 Federal habeas challenge to Article I military tribunals’ constitutional rulings, where this Court and all U.S. Circuit Courts of Appeals have held that the statutory term “in custody” does not mean actual physical confinement as long as collateral consequences from the conviction remain affixed after release, and where a certificate of appealabilty is not required for Federal Section 2241 appeals.

Counsel of record

For petitioner
John N. Maher
Maher Legal Services PC

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 08 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jun 30 2020
    Waiver of right of respondent Secretary of the Army, Ryan McCarthy to respond filed.
  4. Jun 22 2020
    Petition for a writ of certiorari filed. (Response due July 27, 2020)