Relford v. Commandant, US Disciplinary Barracks
Decision Date | 23 April 1969 |
Docket Number | No. 40-68.,40-68. |
Citation | 409 F.2d 824 |
Parties | Isiah RELFORD, Petitioner-Appellant, v. COMMANDANT, U. S. DISCIPLINARY BARRACKS, FT. LEAVENWORTH, KANSAS, Respondent-Appellee. |
Court | U.S. Court of Appeals — Tenth Circuit |
Judson W. Detrick, Denver, Colo., for appellant.
Richard F. Locke, Captain, JAGC, and Kenneth C. Crockett, Asst. U. S. Atty. (Benjamin E. Franklin, U. S. Atty., and Arnold I. Melnick, Lieutenant Colonel, JAGC, were with them on the brief), for appellee.
Before BREITENSTEIN, SETH and HICKEY, Circuit Judges.
This is an appeal from the denial of a military prisoner's petition for habeas corpus.
Petitioner, while on active duty in the United States Army, was charged with the kidnapping and rape of a woman in September, 1961, and with similar offenses against another woman in October, 1961. On December 21, 1961, a general court-martial found him guilty of all charges and sentenced him to death. The Board of Review upheld the findings of guilt and reduced the sentence to 30 years. That decision was affirmed by the United States Court of Military Appeals. In response to a show-cause order, the government filed in the district court the voluminous record made before the military tribunals. The district court reviewed that record, made appropriate findings, and denied the habeas petition without a hearing.
The first claim is that in the court-martial proceedings the petitioner did not have the effective assistance of competent counsel. This issue was fully presented to the Board of Review and the Court of Military Appeals and was carefully and fairly considered by those tribunals. They rejected the argument on the grounds that the objections went to trial tactics which must be considered in the light of the overwhelming evidence of guilt and counsel's desire to mitigate the penalty. Our review of the record convinces us that the court-martial was a disciplined contest and not a mockery or a spectacle. See United States v. Augenblick, 393 U.S. 348, 356, 89 S.Ct. 528, 21 L.Ed.2d 537, and Kienlen v. United States, 10 Cir., 379 F.2d 20, 24. We agree with the trial court that the military judicial system gave full and fair consideration to the constitutional question, and that its decision must stand. See Burns v. Wilson, 346 U.S. 137, 142, 73 S.Ct. 1045, 97 L.Ed. 1508, and Kennedy v. Commandant, United States Disciplinary Barracks, 10 Cir., 377 F.2d 339, 342.
The remaining points raised by resourceful appellate counsel were not presented to the district court and are not properly before us for review. Johnson v. Patterson, 10 Cir., 367 F.2d 268. In the circumstances of the case and to avoid a repetitive habeas application, we have given consideration to them.
About twelve hours after his arrest, the petitioner confessed to the military authorities. He had been repeatedly warned of his constitutional rights but the record does not show a waiver of counsel. The argument is that the extra judicial confession was improperly received in evidence in violation of the rules stated in Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, and Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. In Johnson v. New Jersey, 384 U.S. 719, 734, 86 S.Ct. 1772, 1781, 16 L.Ed.2d 882, the Supreme Court held that the Escobedo decision "is available only to persons whose trials began after June 22, 1964," and that the guidelines in Miranda are "available only to persons whose trials had not begun as of June 13, 1966." Here the entire military proceedings were completed before either the Escobedo or Miranda...
To continue reading
Request your trial-
Quillien v. Leeke, Civ. A. No. 69-475.
...338 F.2d 512, 513; United States ex rel. Davis v. Follette (C.C.A.N.Y.1969) 410 F.2d 1135, 1136; Relford v. Commandant, United States Disciplinary Barracks (C.C.A.Kan.1969) 409 F.2d 824, 825.8 A few of these new claims may be quickly disposed of. It has been repeatedly held that one's guilt......
-
Gosa v. Mayden, 29139.
...AND ANALYSIS The Supreme Court granted a petition for certiorari review of a Tenth Circuit case styled Relford v. Commandant U. S. Disciplinary Barracks, Ft. Leavenworth, 409 F.2d 824, for the limited purpose of deciding the retroactivity and scope of O'Callahan. See 397 U.S. 934, 90 S.Ct. ......
-
Schlomann v. Ralston, s. 81-2361
...transcript, our review of Schlomann's present claims supports the denial of habeas relief. 3 Cf. Relford v. Commandant, United States Disciplinary Barracks, 409 F.2d 824, 825 (10th Cir. 1969), cert. denied in part, aff'd in part, 401 U.S. 355, 91 S.Ct. 649, 28 L.Ed.2d 102 (1971) (ineffectiv......
-
Opie v. Meacham
...a mockery, a sham or a farce." Johnson v. United States, 10 Cir., 380 F.2d 810, 812 (1967). See also Relford v. Commandant, U. S. Disciplinary Barracks, 10 Cir., 409 F.2d 824 (1969). Counsel for Opie on this appeal readily concedes that the trial was not a "mockery, a sham or a farce" but a......
-
Maybe soldiers have rights after all!(Supreme Court Review)
...(71) Id. at 265. (72) Id. at 274. (73) 401 U.S. 355 (1971). (74) Id. at 365. (75) Relford v. Commandant, U.S. Disciplinary Barracks, 409 F.2d 824 (10th Cir. (76) 401 U.S. 355 (1971). (77) Relford, 401 U.S. at 367-70. The 12 factors that would tend to defeat court-martial subject matter juri......