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Bess v. United States

Certiorari Denied

Petition for certiorari denied on June 21, 2021.

Docket No.20-489
Op. BelowC.A.A.F.

Issue

(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.

Proceedings & orders timeline

Oct 9, 2020
Petition for a writ of certiorari filed. (Response due November 16, 2020)
Nov 10, 2020
Motion of United States for an extension of time not accepted for filing. (November 13, 2020 - corrected letter to be submitted)
Nov 13, 2020
Motion to extend the time to file a response from November 16, 2020 to December 16, 2020, submitted to The Clerk.
Nov 16, 2020
Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020.
Nov 30, 2020
Motion to extend the time to file a response from December 16, 2020 to February 15, 2021, submitted to The Clerk.
Dec 1, 2020
Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2021.
Feb 5, 2021
Motion to extend the time to file a response from February 16, 2021 to March 18, 2021, submitted to The Clerk.
Feb 8, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2021.
Mar 2, 2021
Motion to extend the time to file a response from March 18, 2021 to April 19, 2021, submitted to The Clerk.
Mar 3, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including April 19, 2021.
Apr 12, 2021
Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.
Apr 13, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including May 19, 2021.
May 19, 2021
Brief of respondent United States in opposition filed.
May 27, 2021
Reply of Pedro Bess not accepted for filing. (May 28, 2021)
May 28, 2021
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
May 28, 2021
Reply of petitioner Pedro Bess filed. (Distributed)
Jun 1, 2021
DISTRIBUTED for Conference of 6/17/2021.
Jun 21, 2021
Petition DENIED.

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