military-law

15 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6423 Ammar al Baluchi, aka Ali Abdul Aziz Ali v. Pete Hegseth, Secretary of Defense District of Columbia 2025-12-23 Pending Response WaivedIFP appellate-review detainee-rights geneva-convention jurisdiction military-law mixed-medical-commission Whether the Court of Appeals erred by denying jurisdiction over Petitioner's appeal. In particular, did the Court of Appeals err by interpreting provi…
25-727 Douglas M. Folts v. United States Armed Forces 2025-12-19 Pending Response Waived constitutional-rights first-amendment free-speech military-law obscenity-standard servicemembers Whether the military's obscenity standard is unconstitutional under Parker v. Levy and Miller v. California.
25-82 Malcolm Wade Pipes v. United States Federal Circuit 2025-07-22 Denied Response Waived administrative-procedure disability-retirement inactive-duty-training military-law military-reservist statutory-interpretation Whether a military reservist, who was lawfully ordered to engage in remedial fitness training without pay and points, and suffered injury, was on inac…
24-1241 Adam Kelnhofer v. United States Armed Forces 2025-06-05 Denied Response Waived burden-of-proof constitutional-inference drug-testing due-process military-law scientific-evidence Whether the inference allowing a trier of fact to find knowing use of a drug based solely on the presence of a metabolite in a defendant's body, even …
23-113 Michael G. Pohl v. United States Federal Circuit 2023-08-04 Denied Response Waived 10-usc-1552 28-usc-1491 administrative-appeal administrative-procedure jurisdictional-challenge military-law military-records standard-of-review statutory-interpretation tucker-act What is the proper standard of review for an appeal to correct a military record under 10 U.S.C. § 1552 or 28 U.S.C. § 1491?
21-6388 Calvin Roach v. Donald W. Washington, Director, United States Marshals Service, et al. Sixth Circuit 2021-11-23 Denied Response WaivedRelisted (2)IFP 14th-amendment civil-rights constitutional-duty due-process federal-law legal-interpretation military-law military-oath oath-of-office retiree-obligations standing Whether military retirees are bound by their Oath to protect the United States Constitution against foreign and domestic enemies
21-6021 Elroy William Robinson v. David Holbrook, Warden Ninth Circuit 2021-10-20 Denied IFP 5th-amendment 6th-amendment civil-rights due-process jurisdiction military-law Whether the military court-martial jurisdiction extends to a civilian spouse of an active-duty service member
20-6562 Reynaldo Salinas v. United States Fifth Circuit 2020-12-08 Denied Response WaivedIFP air-force air-force-office-of-special-investigations civil-rights civilian-employee constitutional-rights due-process federal-tort-claims-act law-enforcement military-law posse-comitatus-act special-investigations standing Was this a Military or Civilian investigation?
20-446 James W. Richards, IV v. Barbara M. Barrett, Secretary of the Air Force, et al. Armed Forces 2020-10-08 Denied Response Waived article-i article-i-courts article-iii article-iii-courts collateral-claims federal-courts jurisdictional-issue military-courts military-law military-prisoners Should military-specific collateral claims raised by military prisoners still subject to military law be adjudicated in the specialized, experienced A…
20-301 Timothy B. Hennis v. United States Armed Forces 2020-09-09 Denied Amici (1) capital-punishment constitutional-provisions court-martial double-jeopardy due-process military-justice military-law state-court-acquittal state-jurisdiction Whether the offenses for which Petitioner was tried and acquitted in state court constituted offenses 'for which [he] cannot be tried in the courts of…
19-6806 Anthony J. Stokes v. Florida Florida 2019-12-03 Denied Response WaivedIFP appeal civil-rights constitutional-review criminal-procedure criminal-prosecution double-jeopardy due-process felony jurisdictional-conflict military-law predicate-felony sentencing sentencing-guidelines statutory-interpretation trial-modification Whether the underlying felony is part of the crime charged to create a predicate felony that charge, cannot stand
18-1423 Paul E. Cooper v. United States Armed Forces 2019-05-14 Denied Response Waived 10-usc-867c article-i-authority court-of-appeals-for-the-armed-forces johnson-v-united-states judicial-review matter-of-fact matters-of-fact matters-of-law military-appeals-court-authority military-appellate-review military-law navy-marine-corps-court-of-criminal-appeals statutory-authority statutory-interpretation Whether the United States Court of Appeals for the Armed Forces exceeded its statutory authority under 10 U.S.C. § 867(c) when it took action with res…
18-1383 James M. Hale v. United States Armed Forces 2019-05-03 Denied Response Waived 10-usc-802 court-martial court-martial-jurisdiction general-verdict judicial-deference jurisdictional-defects jurisdictional-limits legal-sufficiency military-discipline military-discipline-jurisdiction military-law overt-acts plain-error rostker-v-goldberg sufficiency-of-evidence weiss-v-united-states Whether the court-martial had jurisdiction over the charged conduct
18-8101 Lawrence Montgomery Foltz v. United States Fourth Circuit 2019-02-22 Denied Response WaivedIFP civil-procedure civil-rights due-process jurisdiction military-law military-records property-rights standing takings veterans-affairs Do the chattels and loans of an American soldier come under the jurisdiction of this court's record and receive the full protection of record?
18-6011 Irek Ilgiz Hamidullin v. United States Fourth Circuit 2018-09-17 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-conflict article-iii-court battlefield-conduct combatant-detention common-law-defense criminal-prosecution foreign-soldiers international-law military-law war-crimes Whether Army Regulation 190-8 requires an individual determination of legal status as a prerequisite to criminal prosecution of combatants for battlef…