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GOSA v. MAYDEN

No. 29139.

450 F.2d 753 (1971)

James Roy GOSA, Petitioner-Appellant, v. J. A. MAYDEN, Warden, Federal Correctional Institution, Tallahassee, Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 12, 1971.

Attorney(s) appearing for the Case

H. Franklin Perritt, Jr. (Court-Appointed), Marks, Gray, Conroy & Gibbs, Jacksonville, Fla., for petitioner-appellant.

William Stafford, U. S. Atty., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., Major Earl E. Hodgson, Jr., U. S. Air Force, Washington, D. C., Clinton Ashmore, Asst. U. S. Atty., Northern District of Florida, Tallahassee, Fla., for respondent-appellee.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.

CLARK, Circuit Judge:

The sole, inexorable issue presented by this appeal requires us to predict whether the Supreme Court of the United States will apply its decision in O'Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969), to comparable proceedings of military courts which reached a stage of complete finality prior to June 2, 1969, the date that decision was announced. The court below reasoned that O'Callahan...

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