Legal Opinion

Mercer v. Dillon

United States Court of Military Appeals

Decided March 6, 1970No. Miscellaneous Docket No. 69-57PublishedCited by 34 opinions

1Opinion of the Court

Opinion of the Court

DARDEN, Judge:

This petition presents the issue of whether the decision of the Supreme Court in O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969), is to be applied in cases not subject to direct review on the date of that decision.

After his plea of guilty in 1967, a general court-martial2 convicted the petitioner of rape and sentenced him to a dishonorable discharge, total forfeitures, confinement at hard labor for life, and reduction in grade. The convening authority reduced the period of confinement to ten years and the board of review affirmed. This…

2Cases cited19 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Stovall v. DennoSupreme Court of the United States · 1967
  5. Duncan v. LouisianaSupreme Court of the United States · 1968

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3Cited by34 opinions

  1. United States v. AlefUnited States Court of Military Appeals · 1977
  2. United States of America Ex Rel. John W. Flemings v. John H. Chafee, Secretary of the NavyCourt of Appeals for the Second Circuit · 1972
  3. United States ex rel. Flemings v. ChafeeDistrict Court, E.D. New York · 1971
  4. James Roy Gosa v. J. A. Mayden, Warden, Federal Correctional Institution, Tallahassee, FloridaCourt of Appeals for the Fifth Circuit · 1971
  5. Schlomann v. MoseleyCourt of Appeals for the Tenth Circuit · 1972

29 more not listed; retrieve them via the Exa API.

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