Callahan v. Parker, No. 202

CourtUnited States Supreme Court
Citation393 U.S. 822,21 L.Ed.2d 93,89 S.Ct. 177
Docket NumberM,No. 202
PartiesJames F. O'CALLAHAN, petitioner, v. J. J. PARKER, Warden. isc
Decision Date14 October 1968

393 U.S. 822
89 S.Ct. 177
21 L.Ed.2d 93
James F. O'CALLAHAN, petitioner,

v.

J. J. PARKER, Warden.

No. 202, Misc.

Supreme Court of the United States

October 14, 1968

Victor Rabinowitz and Leonard B. Boudin, for petitioner.

Solicitor General Griswold, for respondent.

Motion for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted limited to the first question presented by the petition which reads as follows:

'1. Does a court-martial, held under the Articles of War, Tit. 10, U.S.C. § 801 et seq., have jurisdiction to try a member of the Armed Forces who is charged with commission of a crime cognizable in a civilian court and having no military significance, alleged to have been committed off-post and while on leave, thus depriving him of his constitutional rights to indictment by a grand jury and trial by a petit jury in a civilian court?'

Case transferred to the appellate docket and placed on the summary calendar.

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16 practice notes
  • Gosa v. Mayden, No. 29139.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 12, 1971
    ...on leave, thus depriving him of his constitutional rights to indictment by a grand jury and trial by a petit jury in a civilian court? 393 U.S. 822, 89 S.Ct. 177, 21 L.Ed.2d After reciting the unlimited grant of congressional authority "To make Rules for the Government and Regulation of lan......
  • United States ex rel. Flemings v. Chafee, No. 70-C-1267.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 19, 1971
    ...* * * thus depriving him of his constitutional rights to indictment by a grand jury and trial by a petit jury in a civilian court?" 393 U.S. 822, 89 S.Ct. 177, 21 L.Ed.2d 93 It is not clear that the question was whether the court-martial lacked power over the subject matter and person of th......
  • Callahan v. Parker, No. 646
    • United States
    • United States Supreme Court
    • June 2, 1969
    ...on leave, thus depriving him of his constitutional rights to indictment by a grand jury and trial by a petit jury in a civilian court?' 393 U.S. 822, 89 S.Ct. 177, 21 L.Ed.2d 93. The Constitution gives Congress power to 'make Rules for the Government and Regulation of the land and naval For......
  • Hawkins v. Rhay, No. 40974
    • United States
    • United States State Supreme Court of Washington
    • September 17, 1970
    ...F.2d 102 (5th Cir. 1967), and denied rehearing, 393 F.2d 932, 395 F.2d 169 (1968). Certiorari was thereupon granted by the Supreme Court, 393 U.S. 822, 21 L.Ed.2d 93, 89 S.Ct. 224 (1968), subsequent to Witherspoon v. Illinois, The Alabama statute applied in Boulden reads as follows: On the ......
  • Request a trial to view additional results
16 cases
  • Gosa v. Mayden, No. 29139.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 12, 1971
    ...on leave, thus depriving him of his constitutional rights to indictment by a grand jury and trial by a petit jury in a civilian court? 393 U.S. 822, 89 S.Ct. 177, 21 L.Ed.2d After reciting the unlimited grant of congressional authority "To make Rules for the Government and Regulation of lan......
  • United States ex rel. Flemings v. Chafee, No. 70-C-1267.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 19, 1971
    ...* * * thus depriving him of his constitutional rights to indictment by a grand jury and trial by a petit jury in a civilian court?" 393 U.S. 822, 89 S.Ct. 177, 21 L.Ed.2d 93 It is not clear that the question was whether the court-martial lacked power over the subject matter and person of th......
  • Callahan v. Parker, No. 646
    • United States
    • United States Supreme Court
    • June 2, 1969
    ...on leave, thus depriving him of his constitutional rights to indictment by a grand jury and trial by a petit jury in a civilian court?' 393 U.S. 822, 89 S.Ct. 177, 21 L.Ed.2d 93. The Constitution gives Congress power to 'make Rules for the Government and Regulation of the land and naval For......
  • Hawkins v. Rhay, No. 40974
    • United States
    • United States State Supreme Court of Washington
    • September 17, 1970
    ...F.2d 102 (5th Cir. 1967), and denied rehearing, 393 F.2d 932, 395 F.2d 169 (1968). Certiorari was thereupon granted by the Supreme Court, 393 U.S. 822, 21 L.Ed.2d 93, 89 S.Ct. 224 (1968), subsequent to Witherspoon v. Illinois, The Alabama statute applied in Boulden reads as follows: On the ......
  • Request a trial to view additional results

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