Michael G. New v. United States Petition for Reconsideration in the United States Court of Appeals for the Armed Forces

Michael Harless Constitutional Law, U. S. Court of Appeals, Armed Forces

Today we filed a Petition for Reconsideration in the case of Michael G. New v. United States in the United States Court of Appeals for the Armed Forces.

By this petition, we seek reconsideration of Michael New’s writ-appeal petition on the ground that both the Army Court of Criminal Appeals and Court of Appeals for the Armed Forces orders violate: (i) the two-tiered legal standard governing the exercise of discretion respecting Mr. New’s petition for a writ of error coram nobis established by the Court of Appeals for the Armed Forces in Denedo v. United States and (ii) the Fifth Amendment Due Process guarantee of “full and fair consideration,” as established by the Supreme Court in Burns v. Wilson.

Link to petition