United States v. Major NIDAL M. HASAN

Opinion

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

--------------------------------------------------------- SUMMARY DISPOSITION ON PETITION FOR EXTRAORDINARY RELIEF --------------------------------------------------------

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