Legal Opinion
James Wm. Smith v. Robert S. McNamara U. S. Secretary of Defense, Gilbert Esco Angle v. Robert S. McNamara U. S. Secretary of Defense
Court of Appeals for the Tenth Circuit
Decided June 12, 1968No. 9761, 9754PublishedCited by 38 opinions
1Opinion of the Court
MURRAH, Chief Judge.
By separate petitions to the District Court of Kansas, Smith and Angle sought in effect to mandamus the Secretary of Defense to remove from their records dishonorable discharges resulting from court martial convictions in 1945 and 1948, respectively. The salient contention in both petitions seems to be that the court martials were void because petitioners were denied their constitutional right to counsel. On the authority of Ashe v. McNamara, 1 Cir., 355 F.2d 277, Judge Stanley entertained jurisdiction under 28 U.S.C. § 1361 to judicially review administrative orders of…
2Cases cited15 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Powell v. AlabamaSupreme Court of the United States · 1932
- Burns v. WilsonSupreme Court of the United States · 1953
- Gusik v. SchilderSupreme Court of the United States · 1950
- Arra Ray Messenger v. United StatesCourt of Appeals for the Second Circuit · 1956
10 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Capt. Milbert Mindes v. Dr. Robert C. Seaman, Secretary of the United States Air ForceCourt of Appeals for the Fifth Circuit · 1971
- Joseph P. Kauffman v. Secretary of the Air ForceCourt of Appeals for the D.C. Circuit · 1969
- Robert C. Harris v. Dr. P. J. Ciccone, Director, Medical Center for Federal Prisoners, Springfield, MissouriCourt of Appeals for the Eighth Circuit · 1969
- United States v. DiazCourt of Appeals for the Second Circuit · 1978
- Vincent Ragoni v. United States of America, Secretary of the NavyCourt of Appeals for the Third Circuit · 1970
33 more not listed; retrieve them via the Exa API.