Interesting view of courts-martial in federal court

Other circuits have held that a prisoner may file a petition for a writ of habeas corpus if his sentencing court has been dissolved.” Id. at 1093 (quoting Prost v. Anderson, 636 F.3d578, 588 (10th Cir. 2011) (explaining that, for military prisoners, “the resort to § 2241 is the norm rather than the exception . . .

due to the evanescent nature of court-martial proceedings:

the sentencing court literally dissolves after sentencing and is no longer available to test a prisoner’s collateral attack”)).


The Count II mistrial does not conveniently appear under the rubrics of the classic mistrial cases—hung jury, juror disqualification,

tactical exigencies of a wartime court-martial,

or prolonged illness or incapacity of judge, counsel or witnesses.

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