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Burns Vs. Wilson
Cites for this judgment
- US Supreme Court
- Oct 12, 1953
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U.S. 844 (1953) U.S. Supreme Court Burns v. WilsonSearch
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U.S. 844 (1953) Burns v. WilsonSearch
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Carter v. McClaughrySearch
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Grafton v. UnitedSearch
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or illegality in the composition of courts-martial were, of course, rigorously scrutinized, e.g., McClaughry v. DemingSearch
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Kahn v. AndersonSearch
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unassailable even by the most extreme allegations of prejudice, unfairness, and use of perjured testimony. See Carter v. WoodringSearch
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of the sentencing court. 2. Later in the 1937 Term, Johnson v. ZerbstSearch
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assailed in that case was one entered in a United States District Court. Since 1938, the basic premise of Johnson v. ZerbstSearch
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attack, by way of habeas corpus, on judgments of conviction entered by a civil court. 3. The effect of Johnson v. ZerbstSearch
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Brief any citation in this list with AI Studio
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on judgments of conviction pronounced by a court-martial first appears to have been considered in Shapiro v. UnitedSearch
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States, 107 Ct.Cl. 650, 69 F.Supp. 205. There, the Court of Claims applied Johnson v. ZerbstSearch
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the assailed court martial proceedings were void, have followed the rationale of the Shapiro case. Thus, in Sima v. UnitedSearch
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And in Fly v. UnitedSearch
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of due process does the erring court martial lose its jurisdiction and its power to issue a valid decree. Compare Sima v. UnitedSearch
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Shapiro v. UnitedSearch
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This Court has never considered the applicability of Johnson v. ZerbstSearch
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It is true that, in Hiatt v. BrownSearch
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court were a statutory agency of direct military appellate review in the Judge Advocate General's office, e.g., Hicks v. HiattSearch
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suggested and never considered by us. Neither the Government's petition for certiorari nor its briefs cited Johnson v. ZerbstSearch
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him. The case cannot be deemed authority for an important point not discussed or considered. But assuredly Hiatt v. BrownSearch
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But the decision in Estep v. UnitedSearch
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p. 32. I have added the italics to emphasize the congressional agreement with our decision on the same point in Gusik v. SchilderSearch
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Page 346 U. S. 851 matters to be canvassed on the reargument. The issue here is whether the rationale of Johnson v. ZerbstSearch
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corpus in the District of Columbia. Thus there is raised squarely the question, thus far reserved by us, Ahrens v. ClarkSearch
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question was originally answered squarely in the negative by the highest court of the District of Columbia. McGowan v. MoodySearch
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followed as late as 1948 without question. Ex parte Flick, 76 F.Supp. 979, rev'd on other grounds sub nom. Flick v. JohnsonSearch
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U.S.App.D.C. 70, 174 F.2d 983. It may have been, and probably was, overruled by Eisentrager v. PageSearch
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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. EisentragerSearch
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U.S. Supreme Court Burns v. WilsonSearch
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Kahn v. AndersonSearch
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See Carter v. WoodringSearch
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Term, Johnson v. ZerbstSearch
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of Johnson v. ZerbstSearch
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Shapiro v. UnitedSearch
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Johnson v. ZerbstSearch
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Sima v. UnitedSearch
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Fly v. UnitedSearch
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Compare Sima v. UnitedSearch
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Hiatt v. BrownSearch
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Hicks v. HiattSearch
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Estep v. UnitedSearch
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Ahrens v. ClarkSearch
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of the District of Columbia. McGowan v. MoodySearch
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Flick v. JohnsonSearch
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