Ex parte Jochen
District Court, S.D. Texas
Habeas Corpus. Application by Edward E. Jochen for writ ofhabeas corpus to secure release from military custody. Upon application for writ of habeas corpus by Edward E. Jochen, it appearing therefrom that applicant is in custody at Brownsville, Tex., more than 300 miles from Houston, where the court is sitting, a rule was issued requiring the respondent, Col. Frank Keller,- to show . cause February 28, 1919, at Houston, Tex., why writ of habeas corpus should not issue.
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Habeas Corpus. Application by Edward E. Jochen for writ ofhabeas corpus to secure release from military custody. Upon application for writ of habeas corpus by Edward E. Jochen, it appearing therefrom that applicant is in custody at Brownsville, Tex., more than 300 miles from Houston, where the court is sitting, a rule was issued requiring the respondent, Col. Frank Keller,- to show . cause February 28, 1919, at Houston, Tex., why writ of habeas corpus should not issue. To this rule respondent made return, justifying the detention of applicant upon the following state of facts: That the…
1Opinion of the CourtHutcheson, District Judge
(after stating the facts as above).
[1] In every inquiry by the courts into the assertion and exercise of military jurisdiction, the question which arises at the threshold, and must be first determined, is: What kind of jurisdiction does the military seek to assert ? As to this question, there has not, since the great case of Ex parte Milligan, 4 Wall. 141, 18 L. Ed. 281, been any difficulty in arriving at the fundamental principles which determine it, but only in applying those principles to the particular states of fact. In that case the court said:
“There are under the Constitution three…
2Cases cited8 opinions
- Ex Parte MilliganSupreme Court of the United States · 1867
- Dynes v. HooverSupreme Court of the United States · 1858
- Ex parte GerlachDistrict Court, S.D. New York · 1917
- Ex parte FallsDistrict Court, D. New Jersey · 1918
- In re BogartU.S. Circuit Court for the District of California · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Reid v. CovertSupreme Court of the United States · 1957
- Duncan v. KahanamokuSupreme Court of the United States · 1946
- United States v. AliCourt of Appeals for the Armed Forces · 2012
- McCune v. KilpatrickDistrict Court, E.D. Virginia · 1943
- Perlstein v. United StatesCourt of Appeals for the Third Circuit · 1945
17 more not listed; retrieve them via the Exa API.