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Date: Sat, 29 Nov 1997 06:59:14 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Michael New Appeal Denied (fwd)
<snip>
>
>
>[ Article reposted from misc.activism.militia ]
>[ Author was MikePiet@aol.com ]
>[ Posted on Tue, 25 Nov 97 23:05:05 GMT ]
>
>
>This is bad news folks, but at least it's not over yet. The appeal simply has
>to go the longer route. Mike Pietrantoni
>
>Soldier loses request for civilian court to review discharge
>12.54 p.m. EST (1754 GMT) November 25, 1997
>By Robert Burns, Associated Press
>
>WASHINGTON (AP) An Army soldier convicted by a military court last
>year of disobeying an order to wear a United Nations arm badge and
>headgear on U.N. peacekeeping duty lost his bid today for a civilian
>court review.
>
>A three-judge panel of the U.S. Court of Appeals for the District of
>Columbia wrote that Spc. Michael New must first complete the appeal of
>his January 1996 court martial conviction within the military justice
>system before asking a civilian court to consider the case.
>
>Today's opinion, filed by Chief Judge Harry T. Edwards, cited a 1975
>court ruling that "service members subject to military discipline must
>exhaust their military remedies before seeking collateral review in
>federal court.''
>
>New's attorneys had argued that he could not get a fair appeals hearing
>in a military court.
>
>New also claims the Army no longer has jurisdiction over him because of
>the military's allegedly illegal attempt to force him to serve as part
>of a U.N. mission. His Army unit in 1995 was ordered to Macedonia as
>part of a U.N. peacekeeping assignment aimed at preventing the spread of
>the war in Bosnia.
>
>New contended that the Army order violated the U.S. Constitution. He
>asked that he be transferred to another unit or be granted an honorable
>discharge. He was court martialed and sentenced to a bad conduct
>discharge.
>
>In March 1996, a federal district court judge denied New's request to
>review his case. He then appealed that ruling to the U.S. Court of
>Appeals for the District of Columbia. At a hearing in September New's
>attorneys argued that he could not get a fair appellate hearing in the
>military system.
>
>In its ruling today, the three-judge panel wrote that "it is difficult
>to see how'' New's argument for claiming his deployment order was
>unconstitutional would support his contention that he deserves an
>honorable discharge.
>
>"In any event, questions relating to the legality of the deployment of
>troops to Macedonia and the orders to wear U.N. accoutrements need not
>be reached in this appeal, because New has failed to exhaust his
>remedies for relief in the pending court-martial action,'' Edwards
>wrote.
>
>
>1997 Associated Press. All rights reserved.
>This material may not be published, broadcast, rewritten, or
>redistributed.
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