Legal Opinion

Jackson v. McElroy

District Court, District of Columbia

Decided June 9, 1958No. Civ. A. 5158-55PublishedCited by 5 opinions

1Opinion of the Court

CHRISTENSON, District Judge.

The plaintiff asks this Court to determine through declaratory judgment under 28 U.S.C. sec. 2201 that his sentence by general court-martial was invalid. The case turns upon whether the convening authority was an “accuser” as defined by section 1(11) of the Uniform Code of Military Justice, 50 U.S.C.A. sec. 551(11) * .

Now on the retired list but then an officer of the Fourth Marine Regiment of the Third Marine Division stationed at Nara, Japan, plaintiff was convicted in December, 1953, of violating Articles 92, 93, 98 and 133 of the Uniform Code of Military…

2Cases cited11 opinions

  1. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
  2. Harmon v. BruckerSupreme Court of the United States · 1958
  3. Wales v. WhitneySupreme Court of the United States · 1885
  4. In Re YamashitaSupreme Court of the United States · 1946
  5. Hiatt v. BrownSupreme Court of the United States · 1950

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

3Cited by5 opinions

  1. State Ex Rel. Pearson v. HansenWyoming Supreme Court · 1965
  2. Robert Herbert Begalke v. United StatesUnited States Court of Claims · 1960
  3. Kauffman v. Secretary of the Air ForceDistrict Court, District of Columbia · 1967
  4. Betonie v. SizemoreDistrict Court, M.D. Florida · 1973
  5. Ashe v. McNamaraDistrict Court, D. Massachusetts · 1965

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