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To: little jeremiah

Ortiz v US gives SCOTUS review authority over MIL Court decisions.
For now, decisions might be found vague but best not step on toes when dealing with judges. Gonna see what the full outcome of the case was. Did SCOTUS rule for or against a UCMJ verdict, is my question?


425 posted on 12/11/2018 6:49:10 PM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: Cletus.D.Yokel

SCOTUS was asked to rule on the proper appointment of a judge in the appeal phase. The verdict (guilty, 2 years brig, dishonorable discharge) was not in question before the court.

SCOTUS ruled on a “process” question and returned the appeal back to the CCA FOR READJUDication using the properly appointed members.

Upshot for Ortiz? Delaying the inevitable.

Still, no precedent for appealing a UCMJ verdict to the SCOTUS...BUT...review is established. That’s where future arguments will hang their vagaries on, when a case presents itself.


441 posted on 12/11/2018 7:14:17 PM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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