United States v. Major NIDAL M. HASAN

UNITED STATES ARMY COURT OF CRIMINAL APPEALS
Before
SIMS, JOHNSON, and COOK
Appellate Military Judges
Major NIDAL M. HASAN, Petitioner
v.
THE UNITED STATES OF AMERICA
and Colonel GREGORY A. GROSS,
Military Judge, Respondents
ARMY MISC 20120599
Headquarters, III Corps and Fort Hood
Colonel Stuart W. Risch, Staff Judge Advocate
For Petitioner: Major Christopher Martin, JA. Captain Kristin McGrory, JA.
For Respondents: No response filed.
22 June 2012
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SUMMARY DISPOSITION ON
PETITION FOR EXTRAORDINARY RELIEF
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Per Curiam:
This matter is before us as a result of a petition for extraordinary relief filed
by petitioner pursuant to the All Writs Act, 28 U.S.C. § 1651(a) (2006). In a
Petition for Relief in the Nature of an Extraordinary Writ and Application for Stay
of Proceedings, petitioner asks this court to “grant extraordinary relief by: (1)
staying the trial proceedings pending a decision of this Court on the petition, and (2)
issue a Writ ordering the military judge to revoke his order removing Petitioner from
the proceedings.”
As of the current date, petitioner’s court-martial proceedings have consisted
solely of sessions conducted in accordance with Article 39(a), Uniform Code of
Military Justice, 10 U.S.C. §839 and Rule for Courts-Martial 804(b).
Under the facts presented by petitioner to this court, both the Petition for
Relief in the Nature of an Extraordinary Writ and Application for Stay of
HASAN  ARMY MISC 20120599
Proceedings are hereby denied without prejudice to petitioner’s ability to file a
similar petition at a later stage of the proceedings.
FOR THE
FOR THE COURT:
COURT:
MALCOLM H. SQUIRES, JR.
MALCOLM H. SQUIRES, JR.
Clerk of Court
Clerk of Court
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