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To: where's_the_Outrage?

This simply cannot be held in a US Circuit Court.

This has to happen in a Military Court.


4 posted on 07/27/2023 8:15:35 AM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: Lazamataz
Yeah, I don't get how Judge Walton has jurisdiction to vacate a Court-Martial conviction.

From Wikipedia:

Courts-martial are conducted under the UCMJ and the Manual for Courts-Martial (MCM). If the trial results in a conviction, the case is reviewed by the convening authority – the commanding officer who referred the case for trial by court-martial.[17][18] The power of the convening authority was reduced in 2014.[19][20]

If the sentence, as approved by the convening authority, includes death, a bad conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court.[17] There are four such courts – the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals, and the Coast Guard Court of Criminal Appeals.

After review by any of these intermediate courts, the next level of appeal is the United States Court of Appeals for the Armed Forces (CAAF).[17][21] The Supreme Court of the United States has discretion under 28 U.S.C. § 1259 to review cases under the UCMJ on direct appeal where the CAAF has conducted a mandatory review (death penalty and certified cases), granted discretionary review of a petition, or otherwise granted relief.[22] If the CAAF denies a petition for review or a writ appeal, consideration by the Supreme Court may be obtained only through collateral review (e.g., a writ of habeas corpus).[23] Since 2007, several bills have been introduced into Congress to expand the accessibility of service members to the Supreme Court. See also Equal Justice for United States Military Personnel legislation.

Judge Reggie B. Walton is a District Court Judge for the District of Washington, D.C., so he isn't in the above appeals chain.
9 posted on 07/27/2023 8:42:46 AM PDT by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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