Courtney v. Williams

In my dissents in Porter v. Richardson, 50 C.M.R. 910 (1975), and Phillippy v. McLucas, 50 C.M.R. 915 (1975), I explained my reasons for adhering to a long line of eases in this Court which held that an accused “ ‘who, prior to trial, believes his confinement is improper for any reason must pursue the remedy provided by Article 138.’ Tuttle v. Commanding Officer, 21 U.S.C.M.A. 229, 230, 45 C.M.R. 3, 4 (1972).” As to the impact of Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), upon the military practice in regard to confinement and the authority of a military judge, under…