United States v. Machado

*558DECISION

HODGSON, Chief Judge:

Unlike civilian courts which exercise continuing jurisdiction, a military court hears only those cases which have been referred to it. Thus, a court-martial’s existence is transitory and may be extinguished by rulings made at trial. The declaration of a mistrial is one such ruling.

The authority for a trial judge to declare a mistrial is contained in R.C.M. 915 * and is an exercise of the President’s authority to prescribe rules for military courts. Article 36, UCMJ, 10 U.S.C. § 836; see also Levy v. Resor, 17 U.S.C.M.A. 135, 37 C.M.R. 399 (1967). A mistrial occurs…