No. 23-66

Norbert A. King, II v. United States

Lower Court: Armed Forces
Docketed: 2023-07-24
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure child-sex-crimes due-process federal-appellate-practice judicial-impartiality military-judge military-justice prosecutorial-ethics record-on-appeal record-supplementation statutory-interpretation
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. The lower court endorsed the Government's
supplementation of the "record" with new documents
mid-appeal. Does the lower Court's decision, which
demonstrates a misapplication of the canons of
statutory construction—directly affecting Petitioner's
Due Process rights—and highlights a difference in
federal appellate practice regarding the addition of
new materials to the "record" on appeal, necessitate
this Court's intervention?

2. Can a federal prosecutor of child sex crimes
cases also serve as a military judge in a child sex crime
case without an appearance of partiality?

Question Presented (AI Summary)

Does the lower court's decision to allow the government to supplement the record mid-appeal demonstrate a misapplication of statutory canons and affect the petitioner's due process rights?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-02
DISTRIBUTED for Conference of 9/26/2023.
2023-07-31
Waiver of right of respondent United States to respond filed.
2023-07-20
Petition for a writ of certiorari filed. (Response due August 23, 2023)
2023-04-27
Application (22A942) granted by The Chief Justice extending the time to file until July 23, 2023.
2023-04-25
Application (22A942) to extend the time to file a petition for a writ of certiorari from May 24, 2023 to July 23, 2023, submitted to The Chief Justice.

Attorneys

Norbert A. King II
Tami L. MitchellLaw Office of Tami L. Mitchell, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent