Legal Opinion

Kelly v. Hunter

District Court, D. Kansas

Decided November 5, 1948No. Nos. 1190, 1191, 1194PublishedCited by 5 opinions

1Opinion of the Court

MELLOTT, District Judge.

The petitioner in each case assails the validity of his detention in the United States Penitentiary at Leavenworth, Kansas. Writs of habeas corpus having been issued and it appearing that the issue raised in each case is essentially the same, the cases were consolidated for hearing. The basic facts are not in issue.

Kelly, a soldier on active duty in the Army of the United States, after trial before a general court-martial on November 21, 1946, was sentenced “to be dishonorably discharged the service, to forfeit all pay * * * and to be confined at hard labor, at such…

2Cases cited2 opinions

  1. Stroud v. JohnstonCourt of Appeals for the Ninth Circuit · 1943
  2. Johnson v. HiattDistrict Court, M.D. Pennsylvania · 1947

3Cited by5 opinions

  1. Sweet v. TaylorDistrict Court, D. Kansas · 1959
  2. McKnight v. HunterDistrict Court, D. Kansas · 1951
  3. Jones v. LooneyDistrict Court, E.D. Michigan · 1952
  4. Lee v. MadiganDistrict Court, N.D. California · 1958
  5. Yates v. HunterCourt of Appeals for the Tenth Circuit · 1949

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