United States v. Batchelder

McLAUGHLIN, Judge:

This is a Government appeal brought under Article 62, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. § 862.

On 22 April 1994, the military judge granted a defense motion to dismiss the charges brought against the appellee based on a lack of personal jurisdiction. We find that the military judge erred as a matter of law.

The Facts

The appellee had enlisted in the Naval Reserve on 13 December 1989 for a period of *6568 years, with the first 4 years to be on active duty and the remaining 4 years to be on inactive duty. On 1 December 1993, the appellee began the process…