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.
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 For example, were you on MSR / parole, and it was revoked for some violation?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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.