Legal Opinion

Short v. Chambers

United States Court of Military Appeals

Decided September 3, 1991No. Misc. Docket No. 91-17PublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court

COX, Judge:

Petitioner calls upon us to exercise our extraordinary writ powers [All Writs Act, 28 USC § 1651(a)] to direct his release from the Federal Correctional Institution (FCI) at Butner, North Carolina, and to return him to military control.1 He bases his claim upon lack of authority in the military judge and the convening authority to send him to a federal institution for evaluation of his competence tp stand trial by general court-martial for the murder of his wife.

For the reasons stated, we deny his petition for extraordinary relief. In so doing, we hold that RCM…

2Cases cited9 opinions

  1. Vitek v. JonesSupreme Court of the United States · 1980
  2. Washington v. HarperSupreme Court of the United States · 1990
  3. United States v. MiddletonUnited States Court of Military Appeals · 1981
  4. United States v. PalmiterUnited States Court of Military Appeals · 1985
  5. United States v. JamesUnited States Court of Military Appeals · 1989

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3Cited by6 opinions

  1. United States v. ProctorUnited States Court of Military Appeals · 1993
  2. United States v. CollinsCourt of Appeals for the Armed Forces · 2004
  3. United States v. PhillipsU.S. Army Court of Military Review · 1993
  4. United States v. FisherU.S. Navy-Marine Corps Court of Military Review · 1993
  5. United States v. CollinsCourt of Appeals for the Armed Forces · 2004

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