Tuesday, August 5, 2014

Court Martial Appeal Court denies Sgt. Blackman leave to appeal to UK Supreme Court

The Court Martial Appeal Court has denied Sgt. Alexander Blackman leave to appeal his closely-watched case to the UK Supreme Court, according to this report in The Mail Online. The appeal court had previously reduced his minimum sentence to eight years, but left intact his conviction for murdering a wounded Afghan fighter.

Comparative law note: In United States practice, unless the Court of Appeals for the Armed Forces grants discretionary review "for good cause shown," a military accused cannot apply for a writ of certiorari from the Supreme Court. This limitation contrasts sharply with the fact that all federal and state civilian criminal defendants and all persons convicted by military commissions have a right to seek Supreme Court discretionary review.

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