Callahan v. Parker

Decision Date14 October 1968
Docket NumberM,No. 202,202
PartiesJames F. O'CALLAHAN, petitioner, v. J. J. PARKER, Warden. isc
CourtU.S. Supreme Court

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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17 cases
  • Gosa v. Mayden, 29139.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • October 12, 1971
    ... ... inexorable issue presented by this appeal requires us to predict whether the Supreme Court of the United States will apply its decision in O'Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969), to comparable proceedings of military courts which reached a stage of complete ... ...
  • United States ex rel. Flemings v. Chafee
    • United States
    • U.S. District Court — Eastern District of New York
    • July 19, 1971
    ...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 (1968). It is not clear that the question was whether the court-martial lacked power over the subject matter and person of the s......
  • Callahan v. Parker, 646
    • United States
    • U.S. Supreme Court
    • June 2, 1969
  • Hawkins v. Rhay
    • United States
    • Washington Supreme Court
    • September 17, 1970
    ...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 trial for any offen......
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