Vanderbush v. Smith

OPINION OF THE COURT ON PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT OF PROHIBITION

CAIRNS, Senior Judge:

In a Petition for Extraordinary Relief in the Nature of a Writ of Prohibition, petition*592er asks this court to dismiss charges that were referred to a special court-martial convened in the Republic of Korea. The issue is whether court-martial jurisdiction was severed when the petitioner was discharged after arraignment but before charges were resolved by lawful authority. We have considered the record on the motion, the petitioner’s pleadings,1 the government’s answer to show…