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To: Pilsner
After this case is resolved, and he receives punishment after a trial where the Collective Congressional emotion of embarrassment was a deciding factor of allowing evidence of his innocence or guilt, he will have standing in a Supreme court.

I have to clarify, That is, he would have standing in a free country where law is the rule. When Sobarkah was sworn in, we may have lost that concept and tradition.

114 posted on 09/02/2010 1:05:57 PM PDT by PA-RIVER
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To: PA-RIVER
After this case is resolved, and he receives punishment after a trial where the Collective Congressional emotion of embarrassment was a deciding factor of allowing evidence of his innocence or guilt, he will have standing in a Supreme court.

"Standing" is a concept applicable to a plaintiff in a civil case; it has nothing to do with a defendant in a criminal case.

Lakin will probably never get to SCOTUS, but for a different reason: If he is convicted, he can appeal to the Army Court of Military Appeals. That court must hear his case. If that court affirms his conviction, Lakin can ask the Armed Forces Court of Military Appeals to hear his case, but they don't have to hear it; their review is purely discretionary. If they refuse to hear his case, that's the end of the line; he cannot petition SCOTUS for certiorari. Only if the Armed Forces Court of Military Appeals decides to hear his case, and then affirms his conviction, can he petition SCOTUS for certiorari, but even then, it is purely discretionary with SCOTUS whether they will hear the case or not.

145 posted on 09/02/2010 1:43:51 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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