Gilbert v. Canada

United States Court of Military Appeals

Gilbert v. Canada

22 C.M.A. 658

CourtUnited States Court of Military Appeals

DecidedJune 26, 1973

DocketNo. 73-30

StatusPublished

This text of 22 C.M.A. 658 (Gilbert v. Canada) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gilbert v. Canada, 22 C.M.A. 658 (cma 1973).

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Opinion

[659]*659On consideration of the "Petition for Relief in the Nature of a Writ of Prohibition” filed in the above-entitled action, it appearing that the rulings of the military judge complained of therein, together with the proceedings upon which said ruling is based, are fully recorded as part of the record in the case of United States v. Gilbert, referred to, and pending before, a special court-martial convened by Commanding Officer, Patrol Squadron TWENTY TWO, by Convening Order SPCM 1-73, dated February 12, 1973, and are therefore subject to review in the normal course of the appellate review established by the Uniform Code of Military Justice, it is, by the Court, this 26th day of June 1973,

ORDERED:

That said petition be, and the same hereby is, denied.

Chief Judge Darden would dismiss the petition on the ground that the relief sought is not in aid of this Court’s jurisdiction.

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[659]*659On consideration of the "Petition for Relief in the Nature of a Writ of Prohibition” filed in the above-entitled action, it appearing that the rulings of the military judge complained of therein, together with the proceedings upon which said ruling is based, are fully recorded as part of the record in the case of United States v. Gilbert, referred to, and pending before, a special court-martial convened by Commanding Officer, Patrol Squadron TWENTY TWO, by Convening Order SPCM 1-73, dated February 12, 1973, and are therefore subject to review in the normal course of the appellate review established by the Uniform Code of Military Justice, it is, by the Court, this 26th day of June 1973,

ORDERED:

That said petition be, and the same hereby is, denied.

Chief Judge Darden would dismiss the petition on the ground that the relief sought is not in aid of this Court’s jurisdiction.

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Bluebook (online)

22 C.M.A. 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-canada-cma-1973.