Supreme Court of the United States · Official docket →
D'Andre M. Johnson v. United States
Paid petition · United States Court of Appeals for the Armed Forces, No. 22-0280 · judgment May 8, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, the Court of Appeals for the Armed Forces below, and a dissent in the court below (flagged in the petition).
Question presented
I. 28 U.S.C. § 1259(3) states that this Court may review “[c]ases in which the Court of Appeals for the Armed Forces granted a petition for review.” Does 28 U.S.C. § 1259(3) give this Court jurisdiction, as part of the case, to consider issues raised to, but not granted review by, the Court of Appeals for the Armed Forces? II. Is Second Lieutenant Johnson’s conviction for sexually assaulting M.P. legally sufficient? 1 1 Second Lieutenant Johnson raised Issue II to the Court of Appeals for the Armed Forces, but it did not grant his petition for review on this issue.
Counsel of record
For petitioner
Spencer Ross Nelson
United States Air Force, Air Force JAG Corps
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Nov 13 2023Petition DENIED.
- Nov 01 2023Amicus brief of U.S. Coast Guard Defense Services & U.S. Navy-Marine Corps Appellate Defense Division not accepted for filing (duplicate submission) (November 02, 2023)
- Nov 01 2023Brief amici curiae of U.S. Coast Guard Defense Services & U.S. Navy-Marine Corps Appellate Defense Division filed. (Distributed)
- Oct 24 2023DISTRIBUTED for Conference of 11/9/2023.
- Oct 18 2023Waiver of right of respondent United States to respond filed.
- Oct 03 2023Petition for a writ of certiorari filed. (Response due November 6, 2023)
- Jul 24 2023Application (23A64) granted by The Chief Justice extending the time to file until October 5, 2023.
- Jul 20 2023Application (23A64) to extend the time to file a petition for a writ of certiorari from August 6, 2023 to October 5, 2023, submitted to The Chief Justice.