http://www.caaflog.com/2010/03/17/hennis-habeas-denied/ Covering the Military Justice System Thu, 09 Feb 2012 01:34:21 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.caaflog.com/2010/03/17/hennis-habeas-denied/comment-page-1/#comment-12810 Gene Fidell Sat, 20 Mar 2010 12:48:56 +0000 http://www.caaflog.com/?p=5072#comment-12810 The district court never attempts to explain why Hennis does not have a break in service that bars this court-martial under Hirshberg. "[T]he question is one of material fact mired in time lines, expiration of term of service dates ("ETS"), discharge dates, re-enlistment dates, the military code, and military regulations." [P. 9] "Mired"? What's so tough to decide? One would think the issue lends itself to summary judgment. Moreover, it's irrelevant that Hennis "had a long military career," if there was a break in service. This judge should have reached and decided the merits of the Hirshberg claim. The district court never attempts to explain why Hennis does not have a break in service that bars this court-martial under Hirshberg. “[T]he question is one of material fact mired in time lines, expiration of term of service dates (“ETS”), discharge dates, re-enlistment dates, the military code, and military regulations.” [P. 9] “Mired”? What’s so tough to decide? One would think the issue lends itself to summary judgment. Moreover, it’s irrelevant that Hennis “had a long military career,” if there was a break in service. This judge should have reached and decided the merits of the Hirshberg claim.

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