Dalmazzi v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term

Issues: (1) Whether the Court of Appeals for the Armed Forces erred in holding that the petitioner's challenge to Judge Martin T. Mitchell's continued service on the U.S. Air Force Court of Criminal Appeals, after he was nominated and confirmed to the Article I U.S. Court of Military Commission Review, was moot – because his CMCR commission had not been signed until after the U.S. Air Force CCA decided her case on the merits, even though she moved for reconsideration after the commission was signed; (2) whether Judge Mitchell's service on the CMCR disqualified him from continuing to serve on the AFCCA under 10 U.S.C. § 973(b)(2)(A)(ii), which requires express authorization from Congress before active-duty military officers may hold a “civil office,” including positions that require “an appointment by the President by and with the advice and consent of the Senate”; and (3) whether Judge Mitchell's simultaneous service on both the CMCR and the AFCCA violated the appointments clause.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 01 2017Petition for a writ of certiorari filed. (Response due March 6, 2017)
Feb 09 2017Waiver of right of respondent United States to respond filed.
Feb 15 2017DISTRIBUTED for Conference of March 3, 2017.
Feb 22 2017Response Requested.(Due March 24, 2017)
Feb 24 2017Supplemental brief of petitioner Nicole A. Dalmazzi filed.
Mar 16 2017Order extending time to file response to petition to and including April 24, 2017.
Apr 19 2017Order further extending time to file response to petition to and including May 15, 2017.
May 15 2017Brief of respondent United States in opposition filed. VIDED.
May 19 2017Reply of petitioner Nicole A. Dalmazzi filed. VIDED.
Term Snapshot