United States Fourth Circuit

Reset A A Font size: Print

Hennis v. Hemlick, 10-6400

In an appeal of a district court’s decision to abstain, on the basis of Schlesinger v. Councilman, 420 U.S. 738 (1975), and dismiss without prejudice the appellant's petition for a writ of habeas corpus challenging the United States Army’s exercise of court-martial jurisdiction over him, the dismissal is affirmed, where: 1) the district court did not abuse its discretion in applying Councilman abstention because the appellant had not exhausted his opportunities within the military justice system to raise his jurisdictional challenge; 2) the district court did not abuse its discretion in applying Councilman abstention to permit application of the military justice system’s expertise to initially consider and resolve the mixed questions of fact and law comprising the appellant’s jurisdictional challenge; and 3) the circumstances of the case did not justify a federal court's equitable intervention into pending court-martial proceedings.

Appellate Information

  • Decided 01/17/2012
  • Published 01/18/2012

Judges

  • Wynn

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Eric Jonathan Allen, Seth Morgan Wood