Richard G. Augenblick v. The United States
United States Court of Claims
1Opinion of the Court
DAVIS, Judge:
Our plaintiff is a career Navy commander, most recently on duty with the Department of Defense, who was dismissed from the service, with total forfeitures, by order of a Navy court-martial. Claiming that the conviction violated certain of his constitutional rights, he sues for back-pay and asks us to hold his dismissal invalid. The charge against him was sodomy with an enlisted airman, in violation of Article 125 of the Uniform Code of Military Justice, but the conviction was for the lesser included offense of committing an indecent, lewd, and lascivious act (under Article 134).…
2Cases cited81 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
- Napue v. IllinoisSupreme Court of the United States · 1959
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3Cited by52 opinions
- Schlesinger v. CouncilmanSupreme Court of the United States · 1975
- United States v. AugenblickSupreme Court of the United States · 1969
- United States v. DanskerCourt of Appeals for the Third Circuit · 1976
- William L. Calley, Jr., Cross-Appellant v. Howard H. Callaway, Etc., Etc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- United States v. Joseph CovelloCourt of Appeals for the Second Circuit · 1969
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