Reid v. Covert

Background

Mrs. Clarice Covert, a civilian married to an Air Force sergeant, was tried by court-martial at a U.S. Air Force base in England, convicted of murdering her husband, and sentenced to life. After an appellate military court set aside the conviction, she was brought back to the United States, held in civilian facilities, and moved to the District of Columbia jail while awaiting a military rehearing at Bolling Air Force Base. She filed a habeas petition in the federal District Court arguing the military lacked jurisdiction under Article 2(11) of the Uniform Code of Military Justice, and the District Court ordered relief.

Reasoning

The Supreme Court first held it had the power to hear the Government’s appeal because the local jail superintendent holding a federal prisoner acted as an officer of the United States for purposes of the appeal statute. On the merits, the Court concluded that when the military validly exercises jurisdiction over a person abroad, that jurisdiction does not end simply because the person is returned to U.S. custody. The transfer back to the United States was ordered by the Air Force in furtherance of the proceedings, rehearings count as continuations of the original court-martial, and therefore military authority to proceed remained in effect. The Court reversed the District Court’s grant of relief.

Real world impact

The ruling means civilians who were subject to military jurisdiction overseas can, in similar circumstances, remain subject to military rehearing and confinement after returning to the United States when the military properly acquired jurisdiction. The Court emphasized this holding is limited to situations where jurisdiction already attached; it did not announce a rule for all possible cases.

Dissents or concurrances

The opinion notes a reservation by one Justice and a dissent by three Justices, indicating not all agreed with the majority outcome.