Must the appellate military court dismiss a petition by ruling where the case falls within the separate provision this one refers to and the original military court entered no dismissal?
General information · Not legal advice
Material to check
In a practice file we read the petition as filed in the original military court and any decision that court issued, to see whether it made a dismissal. We also read the papers showing what kind of case it is, and the ruling the appellate military court made.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading makes the dismissal compulsory rather than open to choice: where the case falls within the separate provision this one refers to, and the original military court has not made the dismissal decision, the appellate military court 'shall dismiss' the petition, and it does so by a ruling. Both conditions must hold before that duty arises.
Another reading stresses how narrow the trigger is: the duty is tied to the original military court not making the dismissal decision, so the provision grants the appellate military court no stated choice once that condition holds, and it says nothing about what the appellate military court may address where the original court has dismissed, or about any examination of the petition's merits before dismissal.
Your judgment
Which papers in this file must be read to see whether the case falls within the separate provision this one refers to?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look again if this provision or the separate provision it refers to is amended to change the conditions or the form of the decision, or if a court decision explains what falls within that separate provision.