Should O’Callahan Be Applied Retroactively?



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Texas Tech Law Review


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.



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


2 Tex. Tech L. Rev. 106