Vanderbush v. Smith

I cannot find any basis in law or fact to disagree with the conclusion of the military judge. Therefore, I very respectfully dissent.

The Supreme Court long ago recognized that the principle of continuing attached jurisdiction is an integral part of court-martial jurisdiction created by Congress. Coleman v. Tennessee, 97 U.S. 509, 24 L.Ed. 1118 (1879); Carter v. McClaughry, 183 U.S. 365, 22 S.Ct. 181, 46 L.Ed. 236 (1902); see also Barrett v. Hopkins, 7 F. 312 (C.C.D.Kan. 1881). Thus, it has long been understood that a person’s court-martial status is fixed at the time court-martial proceedings…