Legal Opinion

Betonie v. Sizemore

Court of Appeals for the Fifth Circuit

Decided July 5, 1974No. 73-3015PublishedCited by 10 opinions

1Opinion of the Court

MORGAN, Circuit Judge:

The main question presented in these cases is whether the Sixth Amendment’s guarantee of assistance of counsel protects enlisted military personnel brought before summary courts-martial in cases which may result in imprisonment. We hold that it does, and affirm the judgment of the district court granting writs of habeas corpus to the four petitioners.

Certain facts are common to all four cases. All petitioners are enlisted men in the United States Navy who were referred to summary courts-martial in the fall of 1972. All four consented to being tried by summary courts, and…

2Cases cited36 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Powell v. AlabamaSupreme Court of the United States · 1932
  3. Argersinger v. HamlinSupreme Court of the United States · 1972
  4. Carafas v. LaValleeSupreme Court of the United States · 1968
  5. Wade v. HunterSupreme Court of the United States · 1949

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3Cited by10 opinions

  1. Middendorf v. HenrySupreme Court of the United States · 1976
  2. William L. Calley, Jr., Cross-Appellant v. Howard H. Callaway, Etc., Etc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  3. Alvin W. Dodson, Jr. v. Colonel Gordon N. Zelez, CommandantCourt of Appeals for the Tenth Circuit · 1990
  4. Mendrano v. SmithCourt of Appeals for the Tenth Circuit · 1986
  5. Stanley v. United StatesDistrict Court, S.D. Florida · 1983

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