Legal Opinion
Burchfield v. Hiatt
District Court, N.D. Georgia
Decided July 15, 1949No. 2392PublishedCited by 8 opinions
1Opinion of the Court
E. MARVIN UNDERWOOD, District Judge.
On November 16, 1945, petitioner was tried and convicted before a General Court-Martial, convened at Los Angeles, California, upon charges of violation of certain Articles of War and sentenced to a term of fifteen years.
The sole ground for writ of habeas corpus alleged by petitioner is that the court-martial was without jurisdiction because not legally constituted in that the Law Member was not an officer of the Judge Advocate General’s Department, as required by law.
It is conceded by respondent that the Law Member, Lieutenant Colonel Gerard N. Byrne, was…
2Cases cited5 opinions
- Runkle v. United StatesSupreme Court of the United States · 1887
- McClaughry v. DemingSupreme Court of the United States · 1902
- Givens v. ZerbstSupreme Court of the United States · 1921
- Collins v. McDonaldSupreme Court of the United States · 1922
- Hiatt v. BrownCourt of Appeals for the Fifth Circuit · 1949
3Cited by8 opinions
- Hayman v. United StatesCourt of Appeals for the Ninth Circuit · 1951
- Parker v. HiattDistrict Court, N.D. Georgia · 1949
- Hiatt v. BurchfieldCourt of Appeals for the Fifth Circuit · 1950
- Sinclair v. HiattDistrict Court, N.D. Georgia · 1949
- William H. Hiatt, Warden, United States Penitentiary, Atlanta, Georgia v. Robert S. BurchfieldCourt of Appeals for the Fifth Circuit · 1950
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