NMCCA has issued an interesting opinion in Price v. United States, an extraordinary writ.

Price is in the Brig at Charleston.  Price engaged in misconduct, including an inappropriate relationship with one of the cadre which lead to a SPCM for that cadre member.

As a result of misconduct while confined, the Brig CO held an 1109 hearing and recommended vacating 12 of 24 months suspended confinement.  The GCMCA agreed.  While NMCCA finds some errors, they are not enough to warrant a writ.

The petitioner’s case was final in 2011, and he has his DD214.

I suspect a writ-appeal petition.  Can someone opine as to his federal court options on habeas, in the event CAAF denies or there is no writ-appeal?

2 Responses to “In the Brig and in the NMCCA”

  1. SFC V says:

    He could file a habeas petition in district court but doesn’t he have to show that his claim didn’t receive full and fair consideration in the military courts? 
     
     

  2. Contact Lawyer says:

    It appears the prisoner gets more time than the guard?

    As a side note, I am the spam filter gave me 3+4 this time instead of 10+3.