No. 23-371
D'Andre M. Johnson v. United States
Amici (1)Response Waived
Tags: case-scope court-of-appeals harmonious-reading jurisdiction jurisdictional-question legal-sufficiency legislative-history military-justice standard-of-review statutory-interpretation surplusage-canon
Latest Conference:
2023-11-09
Question Presented (from Petition)
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?
Question Presented (AI Summary)
Whether 28 U.S.C. § 1259(8) gives this Court jurisdiction to consider issues raised to, but not granted review by, the Court of Appeals for the Armed Forces
Docket Entries
2023-11-13
Petition DENIED.
2023-11-01
Brief amici curiae of U.S. Coast Guard Defense Services & U.S. Navy-Marine Corps Appellate Defense Division filed. (Distributed)
2023-10-24
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States to respond filed.
2023-10-03
Petition for a writ of certiorari filed. (Response due November 6, 2023)
2023-07-24
Application (23A64) granted by The Chief Justice extending the time to file until October 5, 2023.
2023-07-20
Application (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.
Attorneys
D'Andre Johnson
U.S. Coast Guard Defense Services & U.S. Navy-Marine Corps Appellate Defense Division
Thomas David Cook — US Coast Guard, Amicus
United States
Elizabeth B. Prelogar — Solicitor General, Respondent