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Gosa Vs. Mayden

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  • US Supreme Court
  • Jun 25, 1973

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76 entries 11 linked 65 unlinked
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  1. Johnson Vs. Sayre US Supreme Court · May 06, 1895
  2. Smith Vs. Whitney US Supreme Court · Jan 04, 1886
  3. Coleman Vs. Tennessee US Supreme Court · Jan 01, 1878
  4. Duncan Vs. Louisiana US Supreme Court · May 20, 1968
  5. Robinson Vs. Neil US Supreme Court · Jan 16, 1973
  6. Destefano Vs. Woods US Supreme Court · Jun 17, 1968
  7. Stovall Vs. Denno US Supreme Court · Jun 12, 1967
  8. Relford Vs. Commandant US Supreme Court · Feb 24, 1971
  9. United States Vs. Augenblick US Supreme Court · Jan 14, 1969
  10. Kinsella Vs. Singleton US Supreme Court · Jan 18, 1960
  11. Tehan Vs. Shott US Supreme Court · Jan 19, 1966
  12. U.S. 665 (1973) U.S. Supreme Court Gosa v. Mayden
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  13. U.S. 665 (1973) Gosa v. Mayden
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  14. did petitioner question the jurisdiction of the military tribunal. Thereafter, following the decision in O'Callahan v. Parker
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  15. corpus in Federal District Court which was denied, the court concluding that the standards promulgated in Stovall v. Denno
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  16. Fifth and Sixth Amendments. Pp. 413 U. S. 672 -678. 2. Application of the three-pronged test of Stovall v. Denno
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  17. the Court and an opinion in which THE CHIEF JUSTICE, MR. JUSTICE WHITE, and MR. JUSTICE POWELL join. In O'Callahan v. Parker
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  18. of the flouting of military authority, post security, or the integrity of military property. Later, in Relford v. Commandant
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  19. limited to retroactivity and scope of O'Callahan v. Parker
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  20. subject, of course, to the habeas corpus exception recognized in United States v. Augenblick
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  21. application also was denied by the District Court upon its determination that the standards promulgated in Stovall v. Denno
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  22. Page 413 U. S. 672 II O'Callahan v. Parker
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  23. to use the words MR. JUSTICE STEWART employed in Desist v. United
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  24. recognized that military status, in itself, was sufficient for the exercise of court-martial jurisdiction. Kinsella v. Singleton
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  25. Grafton v. United
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  26. Toth v. Quarles
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  27. O'Callahan dealt with the appropriate exercise of jurisdiction by military tribunals is apparent from Kinsella v. Singleton
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  28. a newly recognized constitutional principle. Michigan v. Payne
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  29. and uneffectuated constitutional principle does not, of course, automatically mandate retroactivity. In Williams v. United
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  30. States, 401 U. S. 646 , 401 U. S. 651 (1971), MR. JUSTICE WHITE made it clear, citing Linkletter v. Walker
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  31. See Chicot County Drainage District v. Baxter
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  32. State Bank, 308 U. S. 371 , 308 U. S. 374 (1940). And in Johnson v. New
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  33. U. S. 145 (1968), and Bloom v. Illinois
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  34. contempt case, but failing to honor a request for a jury trial, in effect was without jurisdiction. Yet in DeStefano v. Woods
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  35. to the effect that the retroactivity of O'Callahan is to be determined and is controlled by United States v. U.S
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  36. Currency, 401 U. S. 715 (1971). In that case, the Court held that its decisions in Marchetti v. United
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  37. States, 390 U. S. 39 (1968), and Grosso v. United
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  38. In two cases decided earlier this Term, retrospectivity of a new constitutional decision was also an issue. Robinson v. Neil
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  39. from the same circumstances, and a claim of double jeopardy, based on this Court's intervening decisions in Benton v. Maryland
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  40. U. S. 784 (1969), and Waller v. Florida
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  41. ibid., obviously including Stovall v. Denno
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  42. U.S. at 409 U. S. 508 . In Michigan v. Payne
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  43. U. S. 47 (1973), we were concerned with the retroactivity of North Carolina v. Pearce
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  44. the right of confrontation ( Stovall ), adverse comment on a defendant's failure to take the stand ( Tehan v. Shott
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  45. U. S. 406 (1966)), and a confession's admissibility ( Johnson v. New
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  46. of the exercise of jurisdiction by a military forum. These cases, therefore, closely parallel DeStefano v. Woods
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  47. supra, where the Court denied retroactive application to Duncan v. Louisiana
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  48. supra, and Bloom v. Illinois
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  49. Desist v. United
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  50. States, 394 U. S. 244 , 394 U. S. 249 (1969). In his opinion for the plurality in Williams v. United
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