Legal Opinion

James Elmer Swift v. Commandant, United States Disciplinary Barracks

Court of Appeals for the Tenth Circuit

Decided April 13, 1971No. 203-70_1PublishedCited by 5 opinions

1Per curiam

Swift is an inmate in the United States Penitentiary at Leavenworth, having been convicted in 1965 by a military court of unpremeditated murder. The conviction was affirmed by a United States Air Force Board of Review and by the Court of Military Appeals. In 1968, Swift filed a petition for a writ of habeas corpus, which was denied. In 1970, appellant petitioned for a second habeas corpus writ. The petition alleged numerous constitutional infirmities in the court martial and also tacitly urged that under O’Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969), the military…

2Cases cited2 opinions

  1. O'Callahan v. ParkerSupreme Court of the United States · 1969
  2. John Taylor Queen v. Ray H. Page, Warden, Oklahoma State PenitentiaryCourt of Appeals for the Tenth Circuit · 1966

3Cited by5 opinions

  1. Swanger, Glenn R. v. Zimmerman, Charles H. Attorney General of the State of Pennsylvania, District Attorney of Lebanon CountyCourt of Appeals for the Third Circuit · 1984
  2. Thomas T. Swisher v. R. I. Moseley, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1971
  3. Williams v. FroehlkeDistrict Court, S.D. New York · 1973
  4. Williams v. FroehlkeDistrict Court, S.D. New York · 1973
  5. Marymont v. JoyceDistrict Court, W.D. Arkansas · 1972

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