My erstwhile colleague Tony “The Tiger” Ortiz is counsel of record in a cert petition that the Supremes have docketed. Adams v. United States, No. 08-170. The petition seeks review of CAAF’s decision at 66 M.J. 255.
Here’s the QP:
In McClaughry v. Deming, 186 U.S. 49 (1902), this Court recognized the importance of statutory construction of a court-martial as an essential component for jurisdiction, stressing that a court-martial may only have jurisdiction if it is convened and constituted in entire conformity with the provisions of the statute. Here, the final convening order unequivocally states that the general court-martial would be constituted with only the five members listed on the final order. However, members on prior orders were seated in the court-martial in direct violation of 10 U.S.C. § 825 and Rule for Courts-Martial 504. Does a court-martial have jurisdiction when members of the court-martial panel were not properly constituted to the court by the final convening order?
Here’s a link to the full petition.