Legal Opinion
Gregory J. Hemphill v. R. I. Moseley, Warden, U. S. Penitentiary, Leavenworth, Kansas
Court of Appeals for the Tenth Circuit
Decided April 13, 1971No. 293-70_1PublishedCited by 20 opinions
1Opinion of the Court
HILL, Circuit Judge.
Hemphill is an inmate in the United States Penitentiary at Leavenworth, having been convicted by a military court of assault with intent to commit rape. The conviction was affirmed by a United States Army Board of Review and leave to appeal to the United States Court of Military Appeals was denied.
In the instant habeas corpus case, Hemphill alleges that the military court was without jurisdiction to try him for the crime inasmuch as it was a non-military offense committed off-post while on leave. This allegation draws into question the applicability of O’Callahan v.…
2Cases cited16 opinions
- Reid v. CovertSupreme Court of the United States · 1957
- O'Callahan v. ParkerSupreme Court of the United States · 1969
- United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
- Relford v. Commandant, US Disciplinary Barracks, Fort LeavenworthSupreme Court of the United States · 1971
- Kinsella v. United States Ex Rel. SingletonSupreme Court of the United States · 1960
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sarei v. Rio Tinto, PLCCourt of Appeals for the Ninth Circuit · 2008
- Frank Chase v. Richard Crisp, Warden of the Oklahoma State PenitentiaryCourt of Appeals for the Tenth Circuit · 1975
- Gregory Cole v. Melvin Laird, as Secretary of Defense, Etc.Court of Appeals for the Fifth Circuit · 1972
- DeChamplain v. McLucasDistrict Court, District of Columbia · 1973
- Thomas T. Swisher v. R. I. Moseley, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1971
15 more not listed; retrieve them via the Exa API.