Legal Opinion
Schlomann v. Moseley
Court of Appeals for the Tenth Circuit
Decided March 24, 1972No. 473-70PublishedCited by 14 opinions
1Opinion of the Court
HOLLOWAY, Circuit Judge.
The central issue before us is the retroactivity of O’Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed. 2d 291. Specifically, the question is whether the 1969 opinion may be invoked to set aside convictions by a General Court Martial for non-service connected offenses although such convictions became final prior to the decision in O’Callahan. The issue arises in habeas proceedings in which the District Court held O’Callahan not retroactive and denied relief.
The facts are detailed in the opinion of the Court of Military Appeals which affirmed the convictions,…
2Cases cited61 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Mapp v. OhioSupreme Court of the United States · 1961
- United States v. WadeSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
- North Carolina v. PearceSupreme Court of the United States · 1969
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3Cited by14 opinions
- Gosa v. MaydenSupreme Court of the United States · 1973
- Mike Hernandez v. Eddie S. Ylst, WardenCourt of Appeals for the Ninth Circuit · 1991
- STATE ex rel. MATLOFF v. WALLACECourt of Criminal Appeals of Oklahoma · 2021
- United States of America Ex Rel. John W. Flemings v. John H. Chafee, Secretary of the NavyCourt of Appeals for the Second Circuit · 1972
- United States v. CuchCourt of Appeals for the Tenth Circuit · 1996
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