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Burns Vs. Wilson

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  • US Supreme Court
  • Oct 12, 1953

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51 entries 5 linked 46 unlinked
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  1. Harlan Vs. Mcgourin US Supreme Court · Nov 28, 1910
  2. Carter Vs. Roberts US Supreme Court · Apr 23, 1900
  3. Johnson Vs. Eisentrager US Supreme Court · Jun 05, 1950
  4. Mcclaughry Vs. Deming US Supreme Court · May 19, 1902
  5. Gusik Vs. Schilder US Supreme Court · Dec 04, 1950
  6. U.S. 844 (1953) U.S. Supreme Court Burns v. Wilson
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  7. U.S. 844 (1953) Burns v. Wilson
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  8. Carter v. McClaughry
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  9. Grafton v. United
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  10. or illegality in the composition of courts-martial were, of course, rigorously scrutinized, e.g., McClaughry v. Deming
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  11. Kahn v. Anderson
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  12. unassailable even by the most extreme allegations of prejudice, unfairness, and use of perjured testimony. See Carter v. Woodring
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  13. of the sentencing court. 2. Later in the 1937 Term, Johnson v. Zerbst
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  14. assailed in that case was one entered in a United States District Court. Since 1938, the basic premise of Johnson v. Zerbst
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  15. attack, by way of habeas corpus, on judgments of conviction entered by a civil court. 3. The effect of Johnson v. Zerbst
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  16. on judgments of conviction pronounced by a court-martial first appears to have been considered in Shapiro v. United
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  17. States, 107 Ct.Cl. 650, 69 F.Supp. 205. There, the Court of Claims applied Johnson v. Zerbst
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  18. the assailed court martial proceedings were void, have followed the rationale of the Shapiro case. Thus, in Sima v. United
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  19. And in Fly v. United
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  20. of due process does the erring court martial lose its jurisdiction and its power to issue a valid decree. Compare Sima v. United
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  21. Shapiro v. United
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  22. This Court has never considered the applicability of Johnson v. Zerbst
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  23. It is true that, in Hiatt v. Brown
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  24. court were a statutory agency of direct military appellate review in the Judge Advocate General's office, e.g., Hicks v. Hiatt
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  25. suggested and never considered by us. Neither the Government's petition for certiorari nor its briefs cited Johnson v. Zerbst
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  26. him. The case cannot be deemed authority for an important point not discussed or considered. But assuredly Hiatt v. Brown
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  27. But the decision in Estep v. United
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  28. p. 32. I have added the italics to emphasize the congressional agreement with our decision on the same point in Gusik v. Schilder
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  29. Page 346 U. S. 851 matters to be canvassed on the reargument. The issue here is whether the rationale of Johnson v. Zerbst
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  30. corpus in the District of Columbia. Thus there is raised squarely the question, thus far reserved by us, Ahrens v. Clark
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  31. question was originally answered squarely in the negative by the highest court of the District of Columbia. McGowan v. Moody
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  32. followed as late as 1948 without question. Ex parte Flick, 76 F.Supp. 979, rev'd on other grounds sub nom. Flick v. Johnson
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  33. U.S.App.D.C. 70, 174 F.2d 983. It may have been, and probably was, overruled by Eisentrager v. Page
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  34. S. 852 Forrestal, 84 U.S.App.D.C. 396, 174 F.2d 961, which we, in turn, reversed for other reasons in Johnson v. Eisentrager
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  35. U.S. Supreme Court Burns v. Wilson
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  36. Kahn v. Anderson
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  37. See Carter v. Woodring
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  38. Term, Johnson v. Zerbst
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  39. of Johnson v. Zerbst
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  40. Shapiro v. United
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  41. Johnson v. Zerbst
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  42. Sima v. United
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  43. Fly v. United
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  44. Compare Sima v. United
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  45. Hiatt v. Brown
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  46. Hicks v. Hiatt
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  47. Estep v. United
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  48. Ahrens v. Clark
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  49. of the District of Columbia. McGowan v. Moody
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  50. Flick v. Johnson
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