O’Callahan v. Parker-Milestone or Millstone in Military Justice?
Under the decision of the Supreme Court in O'Callahan v. Parker, 395 U.S. 258 (1969), a court-martial was held to have no jurisdiction to try the accused, an Army sergeant, where the offenses in question occured off-post, during the accused's off-duty hours while on leave with an evening pass, and while the accused was in civilian attire. In decisions since O'Callahan, the United States Court of Military Appeals has further construed the standards of that case, holding that courts-marital lack of jurisdiction over offenses unconnected with military service and triable in civilian courts. In this article the author analyzes the opinions in O'Callahan, criticizes the Court for its apparent failure to consider the full impact of the decision on military justice, and calls for the reversal of O'Callahan at the earliest opportunity.
Robinson O. Everett, O’Callahan v. Parker-Milestone or Millstone in Military Justice?, 18 Duke Law Journal 853-896 (1969)