Oklahoma, OK asked in Military Law for Oklahoma

Q: Is anyone working on the military's Mandatory Supervised Release program?

Currently incarcerated on "parole" without a court order under the military Mandatory Supervised Release Program. Pursuing relief via Habeas Corpus, but am having to go in forma pauperis / pro se. Let me know if you are interested, even academically.

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2 Lawyer Answers
Bradley M. Glaze
Bradley M. Glaze
Answered
  • Military Law Lawyer
  • Madison, MS

A: To provide any assistance in this area, you would have to provide more information. I am assuming that you were incarcerated by the Army. If that is the case, your MSR should be handled through the Army Review Boards Agency (http://arba.army.pentagon.mil/index.cfm). An attorney answering this question would really benefit from talking to you in detail about your situation. For example, were you on MSR / parole, and it was revoked for some violation? When were you sentenced and what was the length of your sentence? What was your original MSR date? What was your original parole eligibility date. These are just a few of the questions that you should be prepared to answer. I recommend that you seek the advice of an experienced military attorney, and most likely someone who has experience as a Judge Advocate.

Philip D. Cave
Philip D. Cave
PREMIUM
Answered
  • Military Law Lawyer
  • Alexandria, VA

A: When in MSRP it is very similar to parole.

There is a question whether it is sufficient for habeas purposes.

But it depends what you are challenging.

The Court of Appeals for the Armed Forces has decided a case some time ago that states MSRP is not punishment and the military courts have no jurisdiction.

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