Legal Opinion

Rittenhouse v. United States

Court of Appeals for the Armed Forces

Decided July 14, 2011No. Misc. No. 11-8019/ARPublished

1Opinion of the Court

CCA 20050411. On consideration of Petitioner’s petition for extraordinary relief in the nature of a writ of error coram nobis and Respondent’s answer thereto, it is ordered that said petition is hereby denied.*

EFFRON, Chief Judge, with whom BAKER, Judge, joins (dissenting):

Article 67(b) of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 867(b) (2006), governs the time period for seeking discretionary review in our Court. Under the statute, an accused may petition the Court of Appeals for the Armed Forces for review of a decision of the Court of Criminal Appeals within 60 days from…

2Cases cited6 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. Bowles v. RussellSupreme Court of the United States · 2007
  3. Henderson v. ShinsekiSupreme Court of the United States · 2011
  4. United States v. PondsUnited States Court of Military Appeals · 1952
  5. United States v. RodriguezCourt of Appeals for the Armed Forces · 2009

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