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Bess v. United States

Petition for certiorari denied on June 21, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-489 C.A.A.F. N/A N/A N/A N/A OT 2020

Issues: (1) Whether 10 U.S.C. § 825, which allows a military commander to hand select members to sit on a general court-martial panel, as applied in Pedro Bess’ case — in which an all-white panel convicted a Black defendant of sexual misconduct against a white woman — violates the Fifth Amendment; and (2) whether the lower court erred in declining to remand Bess' case for additional factfinding.

DateProceedings and Orders (key to color coding)
Oct 09 2020Petition for a writ of certiorari filed. (Response due November 16, 2020)
Nov 10 2020Motion of United States for an extension of time not accepted for filing. (November 13, 2020 - corrected letter to be submitted)
Nov 13 2020Motion to extend the time to file a response from November 16, 2020 to December 16, 2020, submitted to The Clerk.
Nov 16 2020Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020.
Nov 30 2020Motion to extend the time to file a response from December 16, 2020 to February 15, 2021, submitted to The Clerk.
Dec 01 2020Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2021.
Feb 05 2021Motion to extend the time to file a response from February 16, 2021 to March 18, 2021, submitted to The Clerk.
Feb 08 2021Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2021.
Mar 02 2021Motion to extend the time to file a response from March 18, 2021 to April 19, 2021, submitted to The Clerk.
Mar 03 2021Motion to extend the time to file a response is granted and the time is further extended to and including April 19, 2021.
Apr 12 2021Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.
Apr 13 2021Motion to extend the time to file a response is granted and the time is further extended to and including May 19, 2021.
May 19 2021Brief of respondent United States in opposition filed.
May 27 2021Reply of Pedro Bess not accepted for filing. (May 28, 2021)
May 28 2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
May 28 2021Reply of petitioner Pedro Bess filed. (Distributed)
Jun 01 2021DISTRIBUTED for Conference of 6/17/2021.
Jun 21 2021Petition DENIED.