Solorio v. United States (483 U.S. 435)

U.S. Supreme Court · decided June 25, 1987 · Supreme Court Database (Spaeth)

Citation
483 U.S. 435 · 107 S. Ct. 2924
Decided
June 25, 1987
Term
October Term 1986
Vote
6–3
Majority author
Justice Rehnquist
Issue area
Civil Rights
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Chief Justice Rehnquist delivered the opinion of the Court. This case presents the question whether the jurisdiction of a court-martial convened pursuant to the Uniform Code of Military Justice (U. C. M. J.) to try a member of the Armed Forces depends on the “service connection” of the offense charged. We hold that it does not, and overrule our earlier decision in O’Callahan v. Parker, 395 U. S. 258 (1969). While petitioner Richard Solorio was on active duty in the Seventeenth Coast Guard District in Juneau, Alaska, he sexually abused two young daughters of fellow coastguardsmen. Petitioner engaged in this abuse over a 2-year period until he was transferred by the Coast Guard to Governors Island, New York. Coast Guard authorities learned of the Alaska crimes only after petitioner’s transfer, and investigation revealed that he had later committed similar sexual abuse offenses while stationed in New York. The Governors Island commander convened a general court-martial to try petitioner for crimes alleged to have occurred in Alaska and New York. There is no “base” or “post” where Coast Guard personnel live and work in Juneau. Consequently, nearly all Coast Guard military personnel reside in the civilian community. Petitioner’s Alaska offenses were committed in his privately owned home, and the fathers of the 10- to 12-year-old victims in Alaska were active duty members of the…

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