Martin Akerman v. Nevada National Guard

Jurisdictional Question: Whether the Nevada Supreme Court made an error in naming the Nevada National Guard as the sole respondent in a habeas corpus petition, depriving the Petitioner of a means of contesting the lawfulness of his restraint and securing his release.

Constitutional Rights and Military Jurisdiction: Whether Brigadier General Garduno's actions violated the petitioner's constitutional rights to due process, under civilian legal standards.

Detention and Due Process under Federal Law: Whether the petitioner's detention and the inability to challenge the foundational facts of the alleged criminal proceedings, contravene the due process guarantees of the constitution of the United States, especially in light of the statutory protections codified by Congress.