Legal Opinion · Dissent

Mercer v. Dillon

United States Court of Military Appeals

Decided March 6, 1970No. Miscellaneous Docket No. 69-57Published

1DissentFerguson, Judge

I dissent.

The issue before the Supreme Court of the United States in O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969), was whether courts-martial had jurisdiction to try persons belonging to the armed services for criminal acts because of their status alone. Having reversed O’Callahap’s conviction on thg ground *269that status aloné did not invest jurisdiction in a court-martial, did the Supreme Court intend that its ruling would only be applied after the date of its opinion, June 2, 1969, or some other date? O’Callahan was convicted by a court-martial in 1956. His conviction…

2Cases cited28 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Fay v. NoiaSupreme Court of the United States · 1963
  4. Duncan v. LouisianaSupreme Court of the United States · 1968
  5. Johnson v. New JerseySupreme Court of the United States · 1966

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