Judicial Review - Abstention - Federal Court Abstains from Pre-Trial Jurisdictional Attack on Military Court-Martial - Sedivy v. Richardson 485 F.2d 1115 (3d Cir. 1973)
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Reynolds, Daniel S.
INTRODUCTION|When confronted with an impending court-martial, a member of the Armed Forces must normally go to trial and, if convicted, pursue his appeal through the established channels of the military justice system. Thereafter, a collateral attack on his conviction is available by way of habeas corpus in civilian federal courts. A few civilian courts have entertained collateral attacks before the initiation of a court-martial. These cases have granted injunctive relief on the grounds that the military court lacked subject-matter jurisdiction under the United States Supreme Court's test in O'Callahan v. Porker - a case which limited military jurisdiction to offenses which could be characterized as "service connected."...
7 Creighton L. Rev. 386 (1973-1974)
Creighton University School of Law