United States v. Brown

Summary

The court held that the special court-martial had personal jurisdiction over the accused despite the expiration of his active-service date before preferral and referral of the charges. It concluded that the battalion commander’s award of a special court-martial and placement of the accused on legal hold constituted sufficient affirmative action with a view toward trial, and affirmed the findings and sentence.

Holdings

1. The court-martial had personal jurisdiction because, before Brown's active service expired, the battalion commander awarded a special court-martial and informed Brown that he was being placed on legal hold pending disposition of the charges.
2. Even if the battalion commander's earlier actions were insufficient, the preferral and referral of the charge within a reasonable time after Brown objected to retention were each sufficient to invoke personal jurisdiction.

Questions Presented

1. Whether the court-martial had personal jurisdiction over Brown when sufficient affirmative action with a view toward trial occurred before his adjusted expiration of active service.
2. Whether, even if the battalion commander's pre-expiration actions were insufficient, preferral and referral of charges shortly after Brown objected to continued retention could invoke personal jurisdiction.

Disposition

affirmed