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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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To: Cletus.D.Yokel

Cletus, perhaps we are conflating courts martial with military tribunals - two different things - for two different purposes. Similar process to a point, but with far, far less review/appeal authority as the defendants are enemy combatants instead of citizens or lawful enlistees.


452 posted on 12/11/2018 7:26:29 PM PST by Gulf War One
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