This seems to be the another post-Rodriguez case in which a petition has been denied.

No. 09-0030/AR.  U.S. v. Josh R. RITTENHOUSE.  CCA 20050411.  On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals and in light of United States v. Rodriguez, 67 M.J. 110 (C.A.A.F. 2009), said petition is dismissed as untimely filed.

EFFRON, Chief Judge (concurring in the result):

I concur in the result and note that Appellant’s case remains subject to review in our Court under Article 67(a)(2), Uniform Code of Military Justice, 10 U.S.C. § 867(a)(2).  See United States v. Angell, No. 09-0098/AR, ___ M.J. ___ (C.A.A.F. 2009) (Effron, C.J., concurring in the result)

BAKER, Judge (dissenting):

I dissent for the reasons stated in United States v. Rodriguez, 67 M.J. 110, 120 (C.A.A.F. 2009) (Baker, J., dissenting).

Contact Information