Robert Allen Hoover v. C. v. "Buster" Kern, Sheriff, Harris County, Texas, and Secretary of the Army
Court of Appeals for the Fifth Circuit
1Opinion of the Court
GOLDBERG, Circuit Judge:
This is the story of a “man without a court” that reaches us in the form of an appeal from the denial of an application for a writ of habeas corpus on the ground of lack of jurisdiction. Guided by recent decisions of the Supreme Court and of this court we find that jurisdiction was established, and we reverse and remand to the district court for further proceedings.
The basic facts of this case are not seriously disputed. Petitioner-appellant, Robert Allen Hoover, enlisted in the United States Army Reserves in 1968. After serving six months on active duty status, he was…
2Cases cited8 opinions
- Welsh v. United StatesSupreme Court of the United States · 1970
- Parisi v. DavidsonSupreme Court of the United States · 1972
- Ahrens v. ClarkSupreme Court of the United States · 1948
- Schlanger v. SeamansSupreme Court of the United States · 1971
- Strait v. LairdSupreme Court of the United States · 1972
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3Cited by4 opinions
- Sholars v. MatterCourt of Appeals for the Ninth Circuit · 1974
- Major William L. Miller, Jr. v. Melvin Laird as Secretary of DefenseCourt of Appeals for the Fifth Circuit · 1973
- Miller v. Secretary of DefenseDistrict Court, W.D. Texas · 1971
- Sholars v. MatterCourt of Appeals for the Ninth Circuit · 1974