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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

Certiorari denied · May 30, 2023
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and a petition citing one or two dissents.

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

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
22A650

Order
Order list, May 30, 2023 · Certiorari denied

Proceedings

  1. May 30 2023
    Petition DENIED.
  2. May 12 2023
    Amicus brief of Military-Veterans Advocacy not accepted for filing. (Corrected version to be submitted)(May 16, 2023)
  3. May 09 2023
    DISTRIBUTED for Conference of 5/25/2023.
  4. May 01 2023
    Waiver of right of respondent United States of America to respond filed.
    Main Document
  5. Apr 14 2023
    Petition for a writ of certiorari filed. (Response due May 19, 2023)
    PetitionAppendixCertificate of Word CountProof of Service
  6. Jan 20 2023
    Application (22A650) granted by Justice Kagan extending the time to file until April 14, 2023.
  7. Jan 17 2023
    Application (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.
    Main Document