Anthony Emma v. Dewitt C. Armstrong, Iii, Brigadier General, United States Army Commanding General, Fort Devens, Massachusetts

COFFIN, Chief-Judge

(dissenting in part).

I have no difficulty in agreeing with the court that habeas corpus jurisdiction lies in the district court. I have more difficulty in agreeing that exhaustion of petitioner’s military administrative remedies is required before we can give any relief at all, even if he were to present a substantial claim that the military’s jurisdiction over him had terminated, when- a substantial challenge to the military’s right to try a serviceman for a non-serviee-conneeted crime by court-martial, O’Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291…