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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


Certiorari denied · January 12, 2026
Pre-decision estimate: 2% cert probability

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

Case

Conference history
Distributed for 1 conference

Linked docket
25A323

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 23 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 15 2025
    Waiver of right of respondent United States to respond filed.
  4. Dec 04 2025
    Petition for a writ of certiorari filed. (Response due January 7, 2026)
  5. Sep 22 2025
    Application (25A323) granted by The Chief Justice extending the time to file until December 5, 2025.
  6. Sep 17 2025
    Application (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.