Melançon v. Bringier

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that rape was a capital crime for statute of limitation purposes regardless of whether the necessary factors were present to sentence the accused to death in that case
• observing that § 803(a) “close[d] the loophole left by Hirshberg when there is a break in military service”
• noting that the military has no court-martial jurisdiction over former servicemembers who have severed all ties with the military and are not serving with an armed force
• observing that the discussion sections of the Rules for Courts-Martial “are not part of the Manual and . . . . do not contain official rules or policy”
• requiring the military judge to make additional findings of fact and conclusions of law as to the issue of termination of service during any further proceedings in the case
• explaining the “non-binding” nature of the discussion sections within the Rules for Courts-Martial, “which are not part of the Manual and . . . do not contain official rules or policy”

Source: CourtListener parenthetical corpus (CC0).