Legal Opinion

United States Ex Rel. Pasela v. Fenno

District Court, D. Connecticut

Decided October 17, 1947No. Civ. 2174PublishedCited by 7 opinions

1Opinion of the Court

SMITH, District Judge.

Relator bases his application for habeas corpus on the claim (1) that he is a civilian and Congress may not Constitutionally place him within the jurisdiction of courts-martial, (2) that the Congress has never extended court-martial jurisdiction to civilian personnel accompanying Naval forces in the continental United States, (3) that he has already been placed in jeopardy for the same offense in the civil courts, (4) that the statute under which he is charged 1 does not cover the offenses for which he was tried by the court-martial, namely, bribery and conduct to the…

2Cases cited20 opinions

  1. Ex Parte MilliganSupreme Court of the United States · 1867
  2. Puerto Rico v. Shell Co. (PR), Ltd.Supreme Court of the United States · 1937
  3. Grafton v. United StatesSupreme Court of the United States · 1907
  4. Carter v. McClaughrySupreme Court of the United States · 1902
  5. Smith v. WhitneySupreme Court of the United States · 1886

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3Cited by7 opinions

  1. United States v. George Samuel Walter RogersCourt of Appeals for the Eighth Circuit · 1976
  2. Bert Strand, Sheriff of San Diego County, State of California v. William SchmittrothCourt of Appeals for the Ninth Circuit · 1956
  3. Hollman v. WilkinsonDistrict Court, M.D. Pennsylvania · 1954
  4. United States v. JonesDistrict Court, N.D. California · 1960
  5. United States v. OvertonU.S. Navy-Marine Corps Court of Military Review · 1985

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