Case Brief Essay

799 words - 4 pages

Case Brief

Case Citation: SOLORIO v. UNITED STATES 483 U.S. 435 (1987) (No. 85-1581)

Procedural History: The petitioner, who was serving as an active member in the United States Coast Guard, was facing a general court martial in New York for sexually abusing the underaged daughters of fellow Coast Guard members while serving at his previous duty station in Alaska and at his current duty station in New York. Solorio filed a motion to dismiss the charges stemming from Alaska arguing the court did not have jurisdiction of these alleged crimes as they were committed in his privately owned home. The military judge granted the motion to dismiss finding that the charges stemming from Alaska were not “service connected,” therefore, they could not be heard in a military court martial. The Government appealed to the U.S. Coast Guard Court of Military Review, which overturned the judges dismissal and restored the charges. The petitioner then appealed the decision to the United Supreme Court (Solorio, 1987).

Facts: Solorio was serving on active duty with the U.S. Coast Guard in New York when law enforcement learned that he had sexually abused the underaged daughters of a fellow service member. During the investigation, they discovered that he had engaged in similar crimes while serving in New York. The crimes committed in New York took place in Government housing, while the crimes committed in Alaska took place in a privately owned home. At the general court martial, the accused filed a motion to dismiss the charges stemming from Alaska arguing that the court did not have jurisdiction over these alleged crimes as they were committed in a privately owned home and not Government housing. The military judge found that the charges stemming from Alaska were not adequately “service connected” to be tried at a military court martial and granted the accused’s motion to dismiss. The Government appealed to the U.S. Coast Guard Court of Military Review, which overturned the judges dismissal and restored the charges. The U.S. Court of Military Appeals upheld the U.S. Coast Guard Court of Military Review’s decision. The petitioner then appealed the decision to the United States Supreme Court (Solorio, 1987).

Issues: Does military court martial jurisdiction rely on the relation of the charges to service connection?

Holding: The United States Supreme Court upheld the U.S. Coast Guards Court of Military...

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