Justia Military Law Opinion Summaries

Two former Army members, Aaron Wilson and Sean Dillon, were convicted by court-martial for sex crimes committed during their active-duty service. Both had been medically retired from the Army due to disabilities—Wilson in 2012 and Dillon in 2015. After their retirements, each was charged and convicted by court-martial for offenses that occurred while they were on active duty. Both challenged the court-martial’s jurisdiction, arguing that as medically retired servicemembers, they were no longer part of the “land and naval Forces” under the Constitution and thus could not be subjected to military jurisdiction.Wilson and Dillon appealed their convictions through the military justice system. The United States Army Court of Criminal Appeals affirmed both convictions, and the United States Court of Appeals for the Armed Forces denied discretionary review. After exhausting military appeals, both petitioners filed for habeas corpus in the United States District Court for the District of Kansas, arguing that the statutory grant of military jurisdiction over medically retired personnel exceeded Congress’s constitutional authority. The district court denied both petitions, holding that military retirees maintain a formal relationship with the armed forces and remain subject to recall, distinguishing them from separated servicemembers.The United States Court of Appeals for the Tenth Circuit reviewed the district court’s denial of habeas relief de novo. The Tenth Circuit held that medically retired servicemembers retain military status because they hold rank, receive pay, may wear the uniform, and are subject to recall. Therefore, they are part of the “land and naval Forces” under Article I, Section 8, Clause 14 of the Constitution. The court concluded that Congress’s statutory grant of court-martial jurisdiction over such retirees is constitutional and affirmed the district court’s denial of habeas relief. View "Wilson v. Curtis" on Justia Law