Supreme Court of the United States · Official docket →
Maxwell A. Matthew v. United States
Paid petition · United States Court of Appeals for the Armed Forces, No. 25-0083 · judgment July 22, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Staff Sergeant (SSgt) Maxwell A. Matthew’s Convening Authority ordered his court-martial conviction expunged. He then ordered SSgt Matthew to again face a court-martial for the same offenses for which his initial court-martial tried him. The Convening Authority did this because the government lost a portion of the court reporter’s transcription of the court-martial. The question presented is: did the Convening Authority’s action violate the Fifth Amendment’s double jeopardy clause?
Counsel of record
For petitioner
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For respondent
D. John Sauer
Solicitor General
Proceedings
- Jan 20 2026Petition DENIED.
- Dec 30 2025DISTRIBUTED for Conference of 1/16/2026.
- Dec 22 2025Waiver of right of respondent United States to respond filed.
- Dec 11 2025Petition for a writ of certiorari filed. (Response due January 14, 2026)
- Sep 25 2025Application (25A341) granted by The Chief Justice extending the time to file until December 19, 2025.
- Sep 22 2025Application (25A341) to extend the time to file a petition for a writ of certiorari from October 20, 2025 to December 19, 2025, submitted to The Chief Justice.