Procedure for extraordinary-writs in the military justice system
Petitioner has the initial burden of persuasion to show jurisdiction and extraordinary circumstances. The party seeking relief has an “extremely heavy burden.” McKinney v. Jarvis, 46 M.J. 870, 873 (Army Ct. Crim. App. 1997; United States v. Mahoney,
36 M.J. 679, 685 (A.F.C.M.R. 1992). The petitioner must show that the complaints of actions were more than “gross error” and constitute a “judicial usurpation of power.” San Antonio Express-News v. Morrow, 44 M.J. 706 (A.F. Ct. Crim. App. 1996).
The “show cause” order shifts burden.