Legal Opinion · Concurrence

Billie Joe King v. R. I. Moseley, Warden

Court of Appeals for the Tenth Circuit

Decided August 11, 1970No. 50-69_1Published

1ConcurrenceHolloway, Circuit Judge

I agree with the Court’s disposition of the appeal but feel it proper to add a brief comment on the speedy trial issue.

As the opinion points out, our review in military habeas corpus proceedings is limited and where the military tribunals have dealt fully and fairly with an allegation, a federal civil court may not exercise habeas jurisdiction simply to reevaluate the evidence. Burns v. Wilson, 346 U.S. 137, 142, 73 S.Ct. 1045, 97 L.Ed. 1508. The opinion in the Burns case stressed the fact that the, military reviewing courts had scrutinized trial records and discussed the petitioner’s…

2Cases cited5 opinions

  1. Dickey v. FloridaSupreme Court of the United States · 1970
  2. Burns v. WilsonSupreme Court of the United States · 1953
  3. Jeff Whitlock v. United StatesCourt of Appeals for the Tenth Circuit · 1970
  4. Frank Basker v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, KansasCourt of Appeals for the Tenth Circuit · 1970
  5. United States v. KingUnited States Court of Military Appeals · 1967

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