United States v. Jessie

OPINION OF THE COURT

JONES, Senior Judge:

At the trial below, the appellant raised the issue of lack of jurisdiction of the court-martial over his person as a result of the misconduct of a recruiter in advising him (appellant) to conceal his prior federal convictions upon enlistment.1 The issue was fully litigated in an Article 39(a) session *568and resolved against appellant.2 He now brings this appeal pursuant to Article 66, Uniform Code of Military Justice, again alleging the court-martial lacked jurisdiction over him.

There is no question but that once a jurisdictional issue is raised, “the…