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Joseph Orby Smith, Jr. v. Secretary of the Navy

Joseph Orby SMITH, Jr., Appellant, v. SECRETARY OF the NAVY, Appellee

Smith v. Sec'y of the Navy, 506 F.2d 1250 (8th Cir. 1974)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
November 20, 1974
Docket
No. 74-1386
Judges
Gibson, Clark, Webster
Citations
506 F.2d 12501974 U.S. App. LEXIS 5988

Opinion — Per Curiam

PER CURIAM.

Upon a careful consideration of the record and of the briefs and arguments of the parties, the Court has concluded that the judgment appealed from should be affirmed for the reasons stated in Judge Oliver’s well-reasoned memorandum opinion.

Although it is clear that Smith’s 1942 court martial conviction was for non-service connected offenses, under the reasoning of O’Callaghan v. Parker, 395 U.S. 258 , 89 S.Ct. 1683 , 23 L.Ed.2d 291 (1969), retroactive relief upon this basis is not available. Gosa v. Mayden, 413 U.S. 665 , 93 S.Ct. 2926 , 37 L.Ed.2d 873 (1973). We are also of the opinion that the District Court correctly concluded that Smith must exhaust his administrative remedies under 10 U.S.C. § 869 before applying to the courts for relief on his claim of the lack of a knowing and intelligent waiver of counsel.

The judgment of the District Court dismissing the petition is hereby affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1982: 11983: 219822026peak 1983 · 2

Relies on it most ⓘ

  1. Kaiser v. Secretary of the Navy542 F. Supp. 1263 (D. Colo. 1982)
  2. Karl Ballenger v. John O. Marsh, Jr., Secretary of the Army708 F.2d 349 (8th Cir. 1983)
  3. Schmidt v. United States3 Cl. Ct. 190 (Ct. Cl. 1983)

Most recent

  1. Schmidt v. United States3 Cl. Ct. 190 (Ct. Cl. 1983)
  2. Karl Ballenger v. John O. Marsh, Jr., Secretary of the Army708 F.2d 349 (8th Cir. 1983)
  3. Kaiser v. Secretary of the Navy542 F. Supp. 1263 (D. Colo. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
O'Callahan v. Parker, 395 U.S. 258 (1969) 519
Gosa v. Mayden, 413 U.S. 665 (1973) 182

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