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Colin R. Covitz v. United States
Paid petition · United States Court of Appeals for the Armed Forces, No. 25-0169 · judgment July 8, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In United States v. Moreno, the Court of Appeals for the Armed Forces held that military appellants are entitled to speedy post-trial processing under the Due Process Clause of the Fifth Amendment. 63 M.J. 129, 135 (C.A.A.F. 2006). This is distinct from a military appellant’s statutory right to speedy post-trial processing. United States v. Tardif, 57 M.J. 219, 222 (C.A.A.F. 2002). Recently, Congress codified the Tardif holding in Article 66(d)(2), Uniform Code of Military Justice. 10 U.S.C. § 866(d)(2) (permitting military courts to grant sentencing relief for excessive post-trial delay). Neither the text of this new statute, nor military precedent, requires an appellant to prove a due process violation before being entitled to relief for excessive post-trial delay. Nevertheless, the Air Force Court of Criminal Appeals required Petitioner to prove a due process violation to obtain relief. The question presented is: Did the Air Force Court of Criminal Appeals err when it held there was “no basis for relief” under 10 U.S.C. § 866(d)(2) merely because there was not a due process violation?
Counsel of record
For petitioner
Trevor Nicholas Ward
U.S. Air Force, Appellate Defense Division
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 23 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 15 2025Waiver of right of respondent United States to respond filed.
- Dec 04 2025Petition for a writ of certiorari filed. (Response due January 7, 2026)
- Sep 22 2025Application (25A323) granted by The Chief Justice extending the time to file until December 5, 2025.
- Sep 17 2025Application (25A323) to extend the time to file a petition for a writ of certiorari from October 6, 2025 to December 5, 2025, submitted to The Chief Justice.