The NMCCA denies extraordinary relief to a medical retiree who was recalled for court-martial for pre-separation offenses
In United States v. Christopher, No. 201500066 (N-M. Ct. Crim. App. Apr. 21, 2015) (link to slip op.), writ-appeal filed, __ M.J. __ (C.A.A.F. May 8, 2015), the NMCCA denied the accused’s petition for a writ of mandamus that would order the charges dismissed on the basis that a court-martial does not have personal jurisdiction over the accused. The petitioner is on the Permanent Disability Retirement List (PDRL), and he is charged with offenses that allegedly occurred before his transfer.
The CCA’s analysis is brief:
In ruling on the defense’s Motion to Dismiss for Lack of Jurisdiction, the military judge assumed arguendo that the petitioner’s transfer to the PDRL was valid and, citing Article 2(a)(4), UCMJ, found that as a “[r]etired member of a regular component of the armed services who [is] entitled to pay,” he is subject to UCMJ jurisdiction. She is correct: Article 2(a)(4), UCMJ, confers in personam jurisdiction over retired members of a regular component of the armed forces who are entitled to pay. See also Pearson v. Bloss, 28 M.J. 376, 377-78 (C.M.A. 1989).
Slip op. at 5.