Childers v. State (Majority, with Concurring and Dissenting)
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The Supreme Court reversed Defendant's conviction of two specifications of cruelty and maltreatment and two specifications of failure to obey an order or regulation entered by the Arkansas Army National Guard in a court-martial proceeding, holding that there was no court-martial jurisdiction for those offenses under Ark. Code Ann. 12-64-801.
On appeal, Defendant, a member of the Arkansas Guard, argued that because he was not in a "duty status" at the time of the incident that led to his court-martial, the court-martial lacked jurisdiction over him. The Supreme Court agreed, reversed the lower tribunal's determination on jurisdiction, and dismissed, holding that because the offenses occurred while Defendant was not in a duty status, there was no court-martial jurisdiction.
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