FIRST
PRINCIPLES: Jurisdiction: Subject Matter
2005
United
States v. Alexander,
61 MJ 266 (questions of jurisdiction are not subject to waiver;
jurisdiction
over the person, as well as jurisdiction over the subject matter, may
not be
the subject of waiver; a jurisdictional defect goes to the underlying
authority
of a court to hear a case; thus, a jurisdictional error impacts the
validity of
the entire trial and mandates reversal).
1999
United
States v. Gray, 51 MJ 1 (assuming that there is a
requirement for
subject matter jurisdiction or service connection in a capital case,
then
capital appellant’s crimes were service connected where: (1) one
murder
victim was a military member; (2) one murder victim was a civilian who
did
business on post; (3) both bodies were found on post; and, (4)
overwhelming
evidence indicated that the murders were committed on post).