DeChamplain v. Lovelace

I agree that the accused in this case is not entitled to the requested extraordinary relief, but I do not agree with the military judge’s ruling below (according to petitioner) that he, in a proper case, lacks authority to hear and rule upon the accused’s motion for release from pretrial confinement. See my separate opinion in Newsome v McKenzie, 22 USCMA 92, 46 CMR 92 (1973). Moreover, as petitioner concedes, the prosecution in this case has been halted by an injunction issued by the United States District Court for the District of Columbia. DeChamplain v McLucas, 367 F Supp 1291 (DDC 1973).…