Jaroslav Sedivy v. Elliot L. Richardson, Secretary of Defense of the United States of America

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are called upon to review the propriety of a permanent injunction issued by the district court, a federal civilian court, which prohibits the trial of an army sergeant by court-martial on the theory that the military court lacked jurisdiction under O’Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969). The Secretary of Defense, the Secretary of the Army, and the court-martial’s convening authority, a general officer, have appealed.

A general court-martial had been convened to try Army Sergeant First Class Sedivy for possession…