United States v. Bailey

BAUM, Senior Judge:

Appellant has submitted four assignments of error for consideration by this Court. The first assignment asserts that the military judge, in ruling on a motion to dismiss for lack of personal jurisdiction, applied the wrong standard of proof. Appellant was convicted of desertion, unauthorized absence, and failure to obey a lawful order, in violation of Articles 85, 86 and 92, Uniform Code of Military Justice, 10 U.S.C. §§ 885, 886, 892. In light of the nature of these offenses, appellant argues that the standard of proof for resolving the personal jurisdiction issue should…