Relford v. Commandant, US Disciplinary Barracks, 40-68.
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
| Writing for the Court | BREITENSTEIN, SETH and HICKEY, Circuit |
| Citation | 409 F.2d 824 |
| Parties | Isiah RELFORD, Petitioner-Appellant, v. COMMANDANT, U. S. DISCIPLINARY BARRACKS, FT. LEAVENWORTH, KANSAS, Respondent-Appellee. |
| Docket Number | No. 40-68.,40-68. |
| Decision Date | 23 April 1969 |
409 F.2d 824 (1969)
Isiah RELFORD, Petitioner-Appellant,
v.
COMMANDANT, U. S. DISCIPLINARY BARRACKS, FT. LEAVENWORTH, KANSAS, Respondent-Appellee.
No. 40-68.
United States Court of Appeals Tenth Circuit.
April 23, 1969.
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.
BREITENSTEIN, Circuit Judge.
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
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Quillien v. Leeke, Civ. A. No. 69-475.
...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, A few of these new claims may be quickly disposed of. It has been repeatedly held that one's guilty plea (if voluntary, and that is a questi......
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Gosa v. Mayden, 29139.
...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. 958, 25 L.Ed.2d 114 (1970). However, wh......
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Schlomann v. Ralston, s. 81-2361
...present claims supports the denial of habeas relief. 3 Page 404 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) (ineffective assistance of counsel issue......
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Opie v. Meacham, 335-69.
...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 asserts that the offered......
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Quillien v. Leeke, Civ. A. No. 69-475.
...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, A few of these new claims may be quickly disposed of. It has been repeatedly held that one's guilty plea (if voluntary, and that is a questi......
-
Gosa v. Mayden, 29139.
...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. 958, 25 L.Ed.2d 114 (1970). However, wh......
-
Schlomann v. Ralston, s. 81-2361
...present claims supports the denial of habeas relief. 3 Page 404 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) (ineffective assistance of counsel issue......
-
Opie v. Meacham, 335-69.
...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 asserts that the offered......