Dale v. United States

I dissent.

My brothers hold that owing to the availability of other remedies (appeal to higher authorities under Article 138, Uniform Code of Military Justice, 10 USC § 938, and, where appropriate, reassessment of sentence by the Court of Military Review or by this Court under the principles established in United States v Nelson, 18 USCMA 177, 39 CMR 177 (1969)) and recognizing that except in extreme cases courts do not interfere with the conduct of a prison, with the enforcement of its rules and regulations, or discipline, extraordinary relief seems inappropriate in this instance. I cannot…