Joseph Orby Smith, Jr. v. Secretary of the Navy
Joseph Orby SMITH, Jr., Appellant, v. SECRETARY OF the NAVY, Appellee
Opinion
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.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
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.