Soriano v. Hosken

In my opinion, the majority incorporate into military law a provincialism that is contrary to its worldwide application, contrary to the intention of Congress, and contrary to judicial application of the Uniform Code of Military Justice since its enactment in 1950. Before setting out the specifics of my disagreement with their result, I shall give my reasons for determining, in petitioner’s favor, the preliminary question of his entitlement to challenge the trial judge’s ruling by extraordinary proceeding instead of the normal process of appellate review.

I

THE COURT’S AUTHORITY TO GRANT…