Articles Tagged with all writs act

The Army Court of Criminal Appeals rules are here.  As previously indicated there is no “deadline” for the filing of a writ petition in this situation, but once a petition is filed several deadlines and requirements kick in.  Like DMLHS I have a request in for a copy of the petition.  Note that in Cheney v. United States District Court, 542 U.S. 367 (2004), the equitable doctrine of laches arose and was discussed in regard to a late filing of a petition for mandamus.

Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights[.]

The following Rules are relevant to a writ. 

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