U.S. v. Wilson, 73 M.J. 404

First Principles: Jurisdiction: Of U.S. Court of Appeals for the Armed Forces

1. under Article 67(a)(2), UCMJ, the CAAF shall review all cases reviewed by a CCA which the JAG orders sent to it for review; in this case, where the CCA answered in the affirmative a specified issue as to whether Article 12, UCMJ, applied to a military member serving a court-martial sentence to confinement in a civilian county jail in Georgia and the JAG certified that same issue to the CAAF, the CAAF had statutory jurisdiction to review the CCA’s decision under Article 67(a)(2), UCMJ; there was a justiciable case and controversy before the CAAF, where the CCA has rendered a final action in the case by deciding the Article 12 issue, a certificate for review was issued by the JAG, and the applicability of the Article 12 issue to appellee was interwoven with the resolution of his complaints about confinement conditions

Trial Stages: Sentence and Punishment: Lawfulness of Sentence

1. Article 12, UCMJ, prohibits confining American military prisoners in immediate association with foreign nationals; this prohibition applied to appellee who was serving a court-martial sentence to confinement in a civilian county jail in Georgia; Article 12, UCMJ, applies to military members without geographic limitation
2. Article 12, UCMJ, which prohibits confining American military prisoners in immediate association with foreign nationals, was not violated in appellee’s case because appellee, who was serving a court-martial sentence to confinement in a civilian county jail in Georgia, was kept in a single cell segregated from other prisoners to avoid an Article 12, UCMJ, violation

Trial Stages: Appeals: Court of Appeals for the Armed Forces

1. under Article 67(a)(2), UCMJ, the CAAF shall review all cases reviewed by a CCA which the JAG orders sent to it for review; in this case, where the CCA answered in the affirmative a specified issue as to whether Article 12, UCMJ, applied to a military member serving a court-martial sentence to confinement in a civilian county jail in Georgia and the JAG certified that same issue to the CAAF, the CAAF had statutory jurisdiction to review the CCA’s decision under Article 67(a)(2), UCMJ; there was a justiciable case and controversy before the CAAF, where the CCA has rendered a final action in the case by deciding the Article 12 issue, a certificate for review was issued by the JAG, and the applicability of the Article 12 issue to appellee was interwoven with the resolution of his complaints about confinement conditions

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Generally

1. Article 12, UCMJ, which prohibits confining American military prisoners in immediate association with foreign nationals, applies to military members without geographic limitation