Should O’Callahan Be Applied Retroactively?

Date

1970

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Examines the Court of Military Appeals case Mercer v. Dillon, which denied the retroactive application of O’Callahan v. Parker. In O’Callahan, the United States Supreme Court ruled that the military did not have jurisdiction over “non-service connected” offenses simply by virtue that they were committed by a serviceman. Mercer, who had pled guilty for such an offense before a military court before the O’Callahan decision, appealed requesting that O’Callahan be applied retroactively. The Court of Military Appeals denied to do so. In agreement, the author argues that, absent inherent unfairness, retroactive application is contrary to the efficient administration of justice.

Description

Keywords

Military jurisdiction, Retroactive application, Non-service connection, Mercer v. Dillon, O’Callahan v. Parker, Case note

Citation

2 Tex. Tech L. Rev. 106