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Parisi Vs. Davidson
Cites for this judgment
- US Supreme Court
- Feb 23, 1972
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U.S. 34 (1972) U.S. Supreme Court Parisi v. DavidsonSearch
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U.S. 34 (1972) Parisi v. DavidsonSearch
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his favor. A similar stay application was subsequently denied by MR. JUSTICE DOUGLAS as Ninth Circuit Justice, Parisi v. DavidsonSearch
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McKart v. UnitedSearch
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Page 405 U. S. 38 McGee v. UnitedSearch
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as the appropriate remedy for servicemen who claim to be unlawfully retained in the armed forces. See, e.g., Eagles v. SamuelsSearch
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Oestereich v. SelectiveSearch
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Hammond v. LenfestSearch
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not concern a federal district court's direct intervention in a case arising in the military court system. Cf. Gusik v. SchilderSearch
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of the military judicial system in its Page 405 U. S. 42 processing of the court-martial charge. Griffin v. CountySearch
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Lucas v. Forty-FourthSearch
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lawful because he had wrongfully been denied an administrative discharge as a conscientious objector. United States v. NoydSearch
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The scope of the Noyd doctrine is narrow, United States v. WilsonSearch
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U.S.C.M.A. 100, Page 405 U. S. 43 41 C.M.R. 100, and its present vitality not wholly clear, United States v. StewartSearch
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to order servicemen released from military imprisonment pending appeals of their court-martial convictions. See Noyd v. BondSearch
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Levy v. ResorSearch
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United States v. JenningsSearch
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Johnson v. UnitedSearch
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somehow be surmounted is a question for the Court of Military Appeals itself ultimately to decide. See United States v. BevilacquaSearch
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corpus granting separation from military service to a conscientious objector. We conclude here, therefore, as in Noyd v. BondSearch
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basic principles of comity that must prevail between civilian courts and the military judicial system. See, e.g., Noyd v. BondSearch
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Under the rule of Craycroft v. FerrallSearch
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administrative procedures have been exhausted. Department of Justice Memo. No. 652 (Oct. 23, 1969). In Craycroft v. FerrallSearch
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Kelly and Hammond cases. Department of Justice Memo. No. 652 (Oct. 23, 1969). See United States ex rel. Brook v. CliffordSearch
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F.2d 700, 701 (CA4). Compare Noyd v. McNamaraSearch
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F.2d 538 (CA10), with Polky v. WetherillSearch
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quoting Noyd v. BondSearch
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remedies -- like exhaustion of military administrative remedies -- is required by the principles announced in McKart v. UnitedSearch
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States, 395 U. S. 185 , and McGee v. UnitedSearch
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See Hammond v. LenfestSearch
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United States v. NoydSearch
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The Court has consistently reaffirmed the preferred place of the Great Writ in our constitutional system. Fay v. NoiaSearch
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statutes enforcing constitutional rights, the federal judges have authority to enforce the federal guarantee. Fay v. NewSearch
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announced today. While the Court of Military Appeals has the authority to issue the writ of habeas corpus, Noyd v. BondSearch
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See Fay v. NoiaSearch
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to analogous questions involving military prisoners. Military proceedings are different. As we said in O'Callahan v. ParkerSearch
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U.S. Supreme Court Parisi v. DavidsonSearch
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Ninth Circuit Justice, Parisi v. DavidsonSearch
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McGee v. UnitedSearch
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Cf. Gusik v. SchilderSearch
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