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Strait Vs. Laird
Cites for this judgment
- US Supreme Court
- May 22, 1972
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U.S. 341 (1972) U.S. Supreme Court Strait v. LairdSearch
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U.S. 341 (1972) Strait v. LairdSearch
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the nominal command of the commanding officer of the Reserve Officer Components Personnel Center in Indiana. Schlanger v. SeamansSearch
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disagreed with it on the merits and granted the writ. 3 S.S.L.R. 3784. Shortly thereafter, our decision in Schlanger v. SeamansSearch
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Donigian v. LairdSearch
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corpus in New York, even though the commanding officer of the reservists was in Fort Benjamin Harrison, Indiana. Arlen v. LairdSearch
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Donigian v. LairdSearch
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may suffice for personal jurisdiction is well settled, McGee v. Int'lSearch
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Int'l Shoe Co. v. WashingtonSearch
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of the federal court in which Strait filed his petition. See Donigian v. LairdSearch
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Armstrong v. WheelerSearch
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reservists such as petitioner. MR. JUSTICE REHNQUIST, dissenting. The Court today emasculates Schlanger v. SeamansSearch
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I therefore dissent. I The facts of this case are indistinguishable in any material respect from Schlanger v. SeamansSearch
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that petitioner brought this habeas corpus suit in the district where his home is cannot cure that defect, cf. Rudick v. LairdSearch
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affords him no more support than did Schlanger's presence in Arizona. The Court substitutes the approach of Arlen v. LairdSearch
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officer and a reservist that have been found to support state jurisdiction over nonresidents under cases like McGee v. Int'lSearch
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Life Ins. Co., 355 U. S. 220 (1957), and Int'l Shoe Co. v. WashingtonSearch
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to invoke habeas corpus. Eagles v. SamuelsSearch
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It is undefined by statute, but depends upon the severity of restraint upon liberty that is involved. Jones v. CunninghamSearch
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order restricting a serviceman to the confines of the District of Columbia did not place him in custody. Wales v. WhitneySearch
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Recent decisions dealing with nonmilitary petitioners have admittedly broadened the concept of custody. Jones v. CunninghamSearch
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considered to Page 406 U. S. 352 be in custody for habeas corpus purposes until after induction. DeRozario v. CommandingSearch
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States that cannot be traced to legitimate statutory authorization. Our inquiry should go no further. In Burns v. WilsonSearch
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Lack of jurisdiction to review requests for administrative discharge has similarly been well established. In Orloff v. WilloughbySearch
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been unlawfully treated, recognizing that military discretion is not subject to review in the courts. See also Noyd v. McNamaraSearch
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United States ex Page 406 U. S. 354 rel. Schonbrun v. CommandingSearch
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Antonuk v. UnitedSearch
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discretion where the promulgated procedures are not followed. Authority for this proposition is stated to be Service v. DullesSearch
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U. S. 363 (1957), and Vitarelli v. SeatonSearch
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precise question, 401 U.S. at 401 U. S. 489 , 491 n. 5 . . . and cited, apparently with approval, Donigian v. LairdSearch
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Gillette v. UnitedSearch
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permitted habeas corpus review of an application for discharge under DOD 1300.6. E.g., United States ex rel. Sheldon v. O'MalleySearch
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Bates v. CommanderSearch
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Hammond v. LenfestSearch
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Brown v. McNamaraSearch
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Brooks v. CliffordSearch
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Brown v. ResorSearch
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Packard v. RollinsSearch
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Sertic v. LairdSearch
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F.2d 915 (CA9 1969). This Court has considered petitions for habeas corpus under DOD 1300.6 in Craycroft v. FerrallSearch
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U. S. 335 (1970), and Gillette v. UnitedSearch
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Nold v. McNamaraSearch
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E.g., Antonuk v. UnitedSearch
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Smith v. ResorSearch
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