Although the question had been tangentially noted on numerous occasions and in various contexts, until O’Callahan v. Parker, the Supreme Court had never directly considered whether a court-martial had jurisdiction to try a serviceman for commission of a non-service connected offense. In a monumental 5-3 decision, the Court held that where there was no sufficient overriding military interest, a court-martial could not exercise jurisdiction over an offense civil in nature, although the alleged offender was a member of the regular forces on active duty…
Peter W. Bowie,
O'Callahan v. Parker: Sounding the Death Knell of Military Justice,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol7/iss1/6