State Of Louisiana v. Specialist Caleb D. Jones

STATE OF LOUISIANA I

I

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2023 KW 0414 VERSUS SPECIALIST CALEB D. JONES MAY 8, 2023

I In Re: Specialist Caleb D. Jones,, applying for supervisory I writs, Special Court-Martial~ Parish of Lafayette, No. 2002-341.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT GRANTED. The military judge',s ruling finding that the military court has jurisdiction over , this matter is reversed.

Under the facts and circumstances Qf this case where the incident did not occur on a military installation nor while relator and the victim were on duty of status, we find that a clear and convincing nexus between the offense under the I Louisiana Code of Military Justice and1the state military force I does not exist. See La. R.S. 29:102(C). Accordingly, the objection raising the exception of subject matter jurisdiction and motion to dismiss is granted.

MRT CHH

Chutz, J., dissents and would deny ~ he application.

COURT OF APPEAL, FIRST CIRCUIT

O\.cJ) DEPUTY CLERK OF COURT FOR THE COURT