Introducing ATLASLearn more
Legal Opinion

MacHael J. Diorio v. Brigadier General George H. McBride Installation Commander, Redstone Arsenal, Alabama

Court of Appeals for the Fifth Circuit

Decided September 10, 1970No. 730PublishedCited by 1 opinion

1Per curiam

Diorio appeals from the denial of a writ of habeas corpus, by which he sought release from military custody and from being tried by a court martial. See Diorio v. McBride, 306 F.Supp. 528 (N.D.Ala.1969). We affirm.

Pfc. Diorio is charged with use and possession of marijuana. The offense allegedly took place while Diorio and two other enlisted men (both of whom have since been convicted by court martial of possession of marijuana) were off duty and dressed in civilian clothes, though not on leave. The facts on which the charge is based occurred within the confines of Redstone Arsenal, a…

2Cases cited4 opinions

  1. O'Callahan v. ParkerSupreme Court of the United States · 1969
  2. United States v. BeekerUnited States Court of Military Appeals · 1969
  3. Peter J. Silvero v. Chief of Naval Air Basic Training and Commanding Officer, Naval Aviation Schools Command, Pensacola, FloridaCourt of Appeals for the Fifth Circuit · 1970
  4. Diorio v. McBrideDistrict Court, N.D. Alabama · 1969

3Cited by1 opinion

  1. Michael J. Diorio v. Brigadier General George H. McBride Installation Commander, Redstone Arsenal, AlabamaCourt of Appeals for the Fifth Circuit · 1970

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API