Unger v. Ziemniak

As I stated in United States v. Cole, 24 MJ 18, 27 (CMA), cert. denied, — U.S. -, 108 S.Ct. 97, 98 L.Ed.2d 58 (1987), “[I]t is fundamental black-letter law that every court has the power to determine the question of its jurisdiction over the persons and subject matter coming before it.” Accordingly, it was appropriate for us to entertain Lieutenant Unger’s petition for extraordinary relief. Having heard her complaint, I am now satisfied that her case does not warrant this Court’s exercise of jurisdiction over an “ordinary” special court-martial not empowered to sentence her to be dismissed…