Legal Opinion

Herbert E. Perguson v. Colonel Remo J. Nicoli, Base Commander, Columbus Air Force Base

Court of Appeals for the Fifth Circuit

Decided December 20, 1982No. 82-4078Published

1Opinion of the Court

JERRE S. WILLIAMS, Circuit Judge:

This case involves an attempt by appellant Herbert E. Perguson to challenge his court martial conviction and sentence before the prescribed orderly processes of military justice have been completed. His central claim is that the court martial had no jurisdiction over his offense because it was not service connected. In addition he challenges certain aspects of the court martial procedures, including a conclusion that the Fourth Amendment was not violated in a search of his apartment. The district court denied his claims on the ground that he had not exhausted…

2Cases cited11 opinions

  1. Reid v. CovertSupreme Court of the United States · 1957
  2. Schlesinger v. CouncilmanSupreme Court of the United States · 1975
  3. O'Callahan v. ParkerSupreme Court of the United States · 1969
  4. United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
  5. Relford v. Commandant, US Disciplinary Barracks, Fort LeavenworthSupreme Court of the United States · 1971

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