Wheeler v. United States

You will see that in the just posted MJRP report, on page 16, there is some discussion of the short-martial.

This past Friday, a petition for a writ of certiorari was filed at the Supremes--No. 24A386--challenging the short court-martial.

We'll post the petition when available. In the meantime, here is United States v. Wheeler, __ M.J. ___, No. 23-0140, 2024 CAAF LEXIS 479 (CAAF Aug. 22, 2024). In summary, CAAF says that

This case involves a charge of sleeping on post that was referred to a military judge-alone special court-martial. Had the convening authority referred this case to a general court-martial, Appellant would have been entitled to trial before a panel of members, Article 16(b)(1), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 816(b)(1) (2018), and the maximum punishment would have included a dishonorable discharge, forfeiture of all pay and allowances, and one year of confinement. Manual for Courts-Martial, United States pt. IV, para. 22.d.(1)(c) (2019 ed.) (MCM). Instead, the convening authority referred the charge to a special court-martial before a military judge alone pursuant to Article 16(c)(2)(A), UCMJ, 10 U.S.C. § 816(c)(2)(A) (2018). As a result, Appellant could not elect trial by a panel of members and the military judge was barred from adjudging a sentence that included a punitive discharge, confinement for more than six months, Article 19(b), UCMJ, 10 U.S.C. § 819(b) (2018), or forfeitures of pay for more than six months. Rule for Courts-Martial (R.C.M.) 201(f)(2)(B)(ii) (2019 ed.).
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We hold that Appellant had no Fifth Amendment due process right to a court-martial consisting of a panel of members in a forum that statutorily limited the maximum possible sentence to six months of confinement with no punitive discharge authorized. Additionally, we hold that the convening authority's referral of this case to a military judge-alone special court-martial did not violate Fifth Amendment due process. We therefore affirm the decision of the United States Navy-Marine Corps Court of Criminal Appeals (NMCCA).

United States v. Wheeler, 83 M.J. 581 (N-M. Ct. Crim. App. 2023).

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