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