United States Tenth Circuit

Denial of a petition for habeas and mandamus relief brought by a military prisoner who was convicted in a court-martial proceeding of committing the premeditated murder of his wife in violation of military law is affirmed where: 1) the circuit court's review of military convictions is limited "generally to jurisdictional issues and to determination of whether the military gave fair consideration to each of the petitioner's constitutional claims," and its review of jurisdictional issues is independent of the military courts' consideration of such issues; and 2) on the merits, the court rejects a claim that the general court martial lacked jurisdiction over petitioner because he should have been discharged from the service before it convened.

Appellate Information

• Decided 12/11/2007
• Published 12/12/2007

Judges

• McKAY, Circuit Judge., Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Terence A. Lober (Thomas M. Dawson on the briefs), Leavenworth, KS, for Petitioner-Appellant.


• For Appellees:
  
• Major Anthony C. Williams, Department of Navy, Office of Judge Advocate General, District of Columbia (Eric F. Melgren, United States Attorney, and Jackie A. Rapstine, Assistant United States Attorney, Topeka, KS, on the briefs), for Respondents-Appellees.