Fricke v. Secretary of the Navy

McKAY, Circuit Judge.

Petitioner is a military prisoner who was convicted in a court-martial proceeding of committing the premeditated murder of his wife in violation of Article 118(1) of the Uniform Code of Military Justice, 10 U.S.C. § 918(1). He filed a petition in the district court seeking habeas relief under 28 U.S.C. § 2241 and mandamus relief 1 under 28 U.S.C. § 1361, contending that the military lacked jurisdiction over him at the time of his court-martial. The district court denied his application for habeas corpus and mandamus relief, and this appeal followed.

Petitioner was…