No. 23-7263

Everald S. Allen, Jr. v. Kevin Payne, Commandant, United States Disciplinary Barracks, Fort Leavenworth

Lower Court: Tenth Circuit
Docketed: 2024-04-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: command-influence constitutional-rights due-process jurisdiction military-justice presidential-comments strict-liability trial-integrity unlawful-command-influence
Latest Conference: 2024-05-23
Question Presented (from Petition)

Whether the trial and conviction of Everald Allen Jr. was tainted as a direct cause of actual Unlawful Command Influence (UCI), appearance of unlawful command influence, or perceived unlawful command influence stemming from then-President Obama media comments in May 7, 2013, three weeks before the trial at issue whether there should be a separate strict liability standard applied to certain UCI simply due to what comments, who says them, when, and to what audience?

Question Presented (AI Summary)

whether-unlawful-command-influence

Docket Entries

2024-07-22
Rehearing DENIED.
2024-06-27
DISTRIBUTED.
2024-06-20
Petition for Rehearing filed.
2024-05-28
Petition DENIED.
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-05-01
Waiver of right of respondent Payne, Kevin to respond filed.
2024-04-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2024)

Attorneys

Everald S. Allen
Everald S. Allen Jr. — Petitioner
Payne, Kevin
Elizabeth B. PrelogarSolicitor General, Respondent