Supreme Court of the United States · Official docket →
Leon A. Brown, IV v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55727 · judgment September 20, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
I. Whether the Court should overrule Burns v. Wilson, 346 U.S. 137 (1953), where its validity has been undermined by a circuit split in its application, the enactment of the Military Justice Act of 1983, and development of military jurisprudence over the last 70 years, and if so, what is the proper scope and standard of review of military habeas corpus cases in Article III courts? II. Whether Article III courts have a duty to review newly discovered exculpatory evidence time barred from military court review under Article 73 of the Uniform Code of Military Justice (“UCMJ”), 10 U.S.C. § 873?
Counsel of record
For petitioner
Breana Shannen Frankel
The Law Offices of Breana Frankel
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- May 30 2023Petition DENIED.
- May 12 2023Amicus brief of Military-Veterans Advocacy not accepted for filing. (Corrected version to be submitted)(May 16, 2023)
- May 09 2023DISTRIBUTED for Conference of 5/25/2023.
- May 01 2023Waiver of right of respondent United States of America to respond filed.
- Apr 14 2023Petition for a writ of certiorari filed. (Response due May 19, 2023)
- Jan 20 2023Application (22A650) granted by Justice Kagan extending the time to file until April 14, 2023.
- Jan 17 2023Application (22A650) to extend the time to file a petition for a writ of certiorari from February 13, 2023 to April 14, 2023, submitted to Justice Kagan.