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Schlesinger Vs. Councilman

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  • US Supreme Court
  • Mar 25, 1975

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62 entries 11 linked 51 unlinked
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  1. Smith Vs. Whitney US Supreme Court · Jan 04, 1886
  2. Parker Vs. Levy US Supreme Court · Jun 19, 1974
  3. MartIn Vs. Mott US Supreme Court · Jan 01, 1827
    Relied / Followed
  4. Younger Vs. Harris US Supreme Court · Feb 23, 1971
  5. Stefanelli Vs. Minard US Supreme Court · Dec 03, 1951
  6. Fenner Vs. Boykin US Supreme Court · May 24, 1926
  7. Mcelroy Vs. Guagliardo US Supreme Court · Jan 18, 1960
  8. Secretary of the Navy Vs. Avrech US Supreme Court · Jul 08, 1974
  9. Gusik Vs. Schilder US Supreme Court · Dec 04, 1950
  10. United States Vs. Richardson US Supreme Court · Jun 25, 1974
  11. United States Vs. Rose US Supreme Court · Oct 12, 1976
  12. U.S. 738 (1975) U.S. Supreme Court Schlesinger v. Councilman
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  13. U.S. 738 (1975) Schlesinger v. Councilman
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  14. clause of Art. 76 does no more than describe the terminal point for proceedings within the court-martial system, Gusik v. Schilder
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  15. dismiss the charges, contending that the court-martial lacked jurisdiction under this Court's decision in O'Callahan v. Parker
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  16. affirmed, holding that the alleged offenses did not meet the tests for service connection set forth in O'Callahan v. Parker
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  17. supra, and elaborated in Relford v. U.S
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  18. and, although normally we do not consider questions raised neither below nor in the petition, see United States v. Richardson
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  19. necessarily implicit in this case seemed sufficiently important to raise them sua sponte. See, e.g., Younger v. Harris
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  20. Duignan v. United
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  21. No contention is made that respondent's claim fails to assert a case arising under the Constitution. See O'Callahan v. Parker
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  22. U. S. 167 , 116 U. S. 177 (1886). See Hiatt v. Brown
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  23. but historically they have not been the exclusive means of collateral attack. Nor were they the earliest. In Wise v. Withers
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  24. Id. at 7 U. S. 337 . See Dynes v. Hoover
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  25. same principle the Court approved collateral attack in the form of backpay suits in the Court of Claims. E.g., Runkle v. United
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  26. court-martial would be void, and hence subject to collateral impeachment, at least by way of habeas. E.g., O'Callahan v. Parker
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  27. In Gusik v. Schilder
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  28. have been available. Indeed, this availability was reiterated shortly before enactment of the Code. See Shapiro v. United
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  29. Douglas v. City
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  30. supra, at 401 U. S. 46 . See Dombrowski v. Pfister
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  31. Ex parte Royall, 117 U. S. 241 , 117 U. S. 252 (1886). See Darr v. Burford
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  32. are similar to those that, underlie the requirement of exhaustion of administrative remedies. E.g., Myers v. Bethlehem
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  33. agency's ultimate decision will Page 420 U. S. 757 obviate the need for judicial intervention. E.g., McKart v. United
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  34. Toth v. Quarles
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  35. who would gain over time thorough familiarity with military problems. See Noyd v. Bond
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  36. not entertain habeas petitions by military prisoners unless all available military remedies have been exhausted. Gusik v. Schilder
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  37. Page 420 U. S. 759 required exhaustion of remedies in the military system before allowing collateral relief. Toth v. Quarles
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  38. of judgment that often will turn on the precise set of facts in which the offense has occurred. See Relford v. U.S
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  39. See Secretary of the Navy v. Avrech
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  40. This provision was upheld last Term as against vagueness and First Amendment overbreadth challenges. Parker v. Levy
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  41. E.g., United States v. Castro
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  42. United States v. Adams
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  43. U.S. Supreme Court Schlesinger v. Councilman
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  44. Relford v. U.S
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  45. the Constitution. See O'Callahan v. Parker
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  46. See Hiatt v. Brown
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  47. In Wise v. Withers
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  48. See Dynes v. Hoover
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  49. the Court of Claims. E.g., Runkle v. United
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  50. E.g., O'Callahan v. Parker
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