In Re Palacio

This is a petition for a writ of habeas corpus to prevent petitioner’s confinement in the county jail pursuant to an order of commitment issued by a summary court-martial.

Petitioner, an enlisted member of the California Air National Guard, was tried and convicted by summary court-martial on charges of failing to go to his appointed place of duty, wilfully disobeying a lawful order of a superior officer, and appearing in an unclean uniform in violation of articles 86, 90 and 134 of the Uniform Code of Military Justice. He was sentenced to confinement for a period of 10 days to be served in the county jail, which sentence was reduced to five days after review by the convening authority. At the time he appeared for trial, petitioner was advised that the summary court-martial officer would act as judge, jury, prosecutor and defense counsel, and he previously had been advised that he had no right to counsel at a summary proceeding and was not entitled to object thereto or request a special court-martial herein he would have been accorded the right to counsel.

Courts-martial in California are established or provided for by the Military and Veterans Code pursuant to the authority of…