Timothy HENNIS, Petitioner-Appellant,
v.
Frank HEMLICK; Patrick Parrish, Colonel; Lloyd J. Austin, III, General; John McHugh, Honorable, Respondents-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 26, 2011.
Decided: January 17, 2012.
Attorney(s) appearing for the Case
ARGUED: Eric Jonathan Allen , Columbus, Ohio, for Appellant. Seth Morgan Wood , Office of the United States Attorney, Raleigh, North Carolina, for Appellees. ON BRIEF: George E.B. Holding , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellees.
Affirmed in part; vacated and remanded in part by published opinion. Judge WYNN wrote the opinion, in which Judge KING and Judge GREGORY concurred.
United States Court of Appeals, Fourth Circuit.
OPINION
WYNN, Circuit Judge:
In Schlesinger v. Councilman,420 U.S. 738, 95 S.Ct. 1300, 43 L.Ed.2d 591 (1975), the Supreme Court held that principles of comity, respect for the expertise of military judges, and judicial economy weigh against federal court intervention in pending court-martial proceedings and in favor of requiring exhaustion of all available remedies within the military justice system before a federal...
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