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Gosa Vs. Mayden
Cites for this judgment
- US Supreme Court
- Jun 25, 1973
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U.S. 665 (1973) U.S. Supreme Court Gosa v. MaydenSearch
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U.S. 665 (1973) Gosa v. MaydenSearch
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did petitioner question the jurisdiction of the military tribunal. Thereafter, following the decision in O'Callahan v. ParkerSearch
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corpus in Federal District Court which was denied, the court concluding that the standards promulgated in Stovall v. DennoSearch
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Fifth and Sixth Amendments. Pp. 413 U. S. 672 -678. 2. Application of the three-pronged test of Stovall v. DennoSearch
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the Court and an opinion in which THE CHIEF JUSTICE, MR. JUSTICE WHITE, and MR. JUSTICE POWELL join. In O'Callahan v. ParkerSearch
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of the flouting of military authority, post security, or the integrity of military property. Later, in Relford v. CommandantSearch
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limited to retroactivity and scope of O'Callahan v. ParkerSearch
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subject, of course, to the habeas corpus exception recognized in United States v. AugenblickSearch
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application also was denied by the District Court upon its determination that the standards promulgated in Stovall v. DennoSearch
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Page 413 U. S. 672 II O'Callahan v. ParkerSearch
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to use the words MR. JUSTICE STEWART employed in Desist v. UnitedSearch
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recognized that military status, in itself, was sufficient for the exercise of court-martial jurisdiction. Kinsella v. SingletonSearch
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Grafton v. UnitedSearch
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Toth v. QuarlesSearch
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O'Callahan dealt with the appropriate exercise of jurisdiction by military tribunals is apparent from Kinsella v. SingletonSearch
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a newly recognized constitutional principle. Michigan v. PayneSearch
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and uneffectuated constitutional principle does not, of course, automatically mandate retroactivity. In Williams v. UnitedSearch
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States, 401 U. S. 646 , 401 U. S. 651 (1971), MR. JUSTICE WHITE made it clear, citing Linkletter v. WalkerSearch
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See Chicot County Drainage District v. BaxterSearch
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State Bank, 308 U. S. 371 , 308 U. S. 374 (1940). And in Johnson v. NewSearch
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U. S. 145 (1968), and Bloom v. IllinoisSearch
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contempt case, but failing to honor a request for a jury trial, in effect was without jurisdiction. Yet in DeStefano v. WoodsSearch
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to the effect that the retroactivity of O'Callahan is to be determined and is controlled by United States v. U.SSearch
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Currency, 401 U. S. 715 (1971). In that case, the Court held that its decisions in Marchetti v. UnitedSearch
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States, 390 U. S. 39 (1968), and Grosso v. UnitedSearch
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In two cases decided earlier this Term, retrospectivity of a new constitutional decision was also an issue. Robinson v. NeilSearch
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from the same circumstances, and a claim of double jeopardy, based on this Court's intervening decisions in Benton v. MarylandSearch
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U. S. 784 (1969), and Waller v. FloridaSearch
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ibid., obviously including Stovall v. DennoSearch
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U.S. at 409 U. S. 508 . In Michigan v. PayneSearch
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U. S. 47 (1973), we were concerned with the retroactivity of North Carolina v. PearceSearch
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the right of confrontation ( Stovall ), adverse comment on a defendant's failure to take the stand ( Tehan v. ShottSearch
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U. S. 406 (1966)), and a confession's admissibility ( Johnson v. NewSearch
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of the exercise of jurisdiction by a military forum. These cases, therefore, closely parallel DeStefano v. WoodsSearch
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supra, where the Court denied retroactive application to Duncan v. LouisianaSearch
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supra, and Bloom v. IllinoisSearch
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Desist v. UnitedSearch
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States, 394 U. S. 244 , 394 U. S. 249 (1969). In his opinion for the plurality in Williams v. UnitedSearch
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