Lawrence v. Maksym

CARVER, Judge:

Petitioner comes before us to request extraordinary relief under the All Writs Act, 28 U.S.C. § 1651(a), in the nature of a writ of prohibition to prevent the court-martial from proceeding or, alternatively, a writ of mandamus to direct the military judge to dismiss the charges. He contends that the court-martial lacks personal jurisdiction over him, because there is no authority to recall him to active duty from the inactive reserves for trial by court-martial. This court has the authority to grant the extraordinary relief requested to ensure the integrity of the judicial…