Supreme Court of the United States · Official docket →
Paul Anthony Riojas v. Department of the Army, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-50019 · judgment July 21, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In Burns v. Wilson, 346 U.S. 137 (1953), this Court addressed the scope of review the civil courts must apply when considering a service member’s habeas corpus petition challenging a military court proceeding. However, the Court did not offer a detailed scope for the lower courts to apply. This has resulted in the Circuit Courts developing drastically different frameworks where a petitioner’s success in gaining review is dependent upon which Circuit the petition is filed.
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Of the varying Circuit Courts’ developed standards for determining if review of a military proceeding is appropriate, which scope and standard of review is proper and in accordance with the Burns’ full and fair consideration standard?
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Does the holding in Fletcher v. Outlaw, 578 F.3d 274 (5th Cir. 2009), as applied in Riojas’ case, adequately determine whether a military court fully and fairly considered a claim when it does not account for an abuse of discretion or whether proper legal standards were applied?
Counsel of record
For petitioner
Paul Anthony Riojas
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 3 conferences
Proceedings
- Nov 13 2023Petition DENIED.
- Oct 24 2023DISTRIBUTED for Conference of 11/9/2023.
- May 22 2023Rescheduled.
- May 09 2023DISTRIBUTED for Conference of 5/25/2023.
- Apr 28 2023Reply of petitioner Paul Anthony Riojas filed.
- Apr 19 2023Brief of respondents Department of the Army, et al. in opposition filed.
- Mar 03 2023Response to motion to extend the time to file a response from petitioner filed. (Received March 13, 2023)
- Mar 02 2023Motion to extend the time to file a response is granted and the time is further extended to and including April 19, 2023.
- Mar 01 2023Motion to extend the time to file a response from March 20, 2023 to April 19, 2023, submitted to The Clerk.
- Feb 13 2023Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2023.
- Feb 10 2023Motion to extend the time to file a response from February 16, 2023 to March 20, 2023, submitted to The Clerk.
- Jan 17 2023Response Requested. (Due February 16, 2023)
- Jan 04 2023DISTRIBUTED for Conference of 1/20/2023.
- Dec 30 2022Waiver of right of respondent Department of the Army, et al. to respond filed.
- Dec 06 2022Petition for a writ of certiorari filed. (Response due January 12, 2023)