Legal Opinion
United States ex rel. Flemings v. Chafee
District Court, E.D. New York
Decided July 19, 1971No. 70-C-1267PublishedCited by 27 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge.
This is an action to overturn a 1944 court-martial conviction for automobile theft and to compel the correction of military records from a dishonorable discharge to a general discharge under honorable conditions. Both parties have moved for summary judgment. Since the crime was not service related, the court-martial had no jurisdiction, the conviction was void, and the discharge records must be corrected.
*194I. FACTS
The material facts are undisputed. In August, 1944, plaintiff, then eighteen years old, was a seaman second class in the United States…
2Cases cited38 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Mapp v. OhioSupreme Court of the United States · 1961
- Stovall v. DennoSupreme Court of the United States · 1967
- Johnson v. New JerseySupreme Court of the United States · 1966
- Linkletter v. WalkerSupreme Court of the United States · 1965
33 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gosa v. MaydenSupreme Court of the United States · 1973
- Ghazoul v. International Management Services, Inc.District Court, S.D. New York · 1975
- Cheeseman v. CareyDistrict Court, S.D. New York · 1980
- Bastille Properties, Inc. v. Hometels of America, Inc.District Court, S.D. New York · 1979
- United States of America Ex Rel. John W. Flemings v. John H. Chafee, Secretary of the NavyCourt of Appeals for the Second Circuit · 1972
22 more not listed; retrieve them via the Exa API.