1. Home
  2. Browse Decisions
  3. F.2d
  4. 496 F.2d
  5. 496 F.2d 1001 (1974)
 

BETONIE v. SIZEMORE

No. 73-3015.

496 F.2d 1001 (1974)

John BETONIE, USN, Petitioner-Appellee, v. Captain W. G. SIZEMORE, USN, Commanding Officer, Naval Station, Jacksonville, Florida, et al., Respondents-Appellants. Christopher P. TIMMONS, USN, Petitioner-Appellee, v. Captain CARRIER, USN, Commanding Officer, NATTC, Jacksonville, Florida, Respondent-Appellant. Phillip J. de LA TOVA, USN, Petitioner-Appellee, v. Captain CARRIER, USN, Commanding Officer, Naval Air Technical Training Center, Jacksonville, Florida, Respondent-Appellant. Dennis Michael LYNCH, TM3, USN, Petitioner-Appellee, v. W. G. SIZEMORE, Captain, USN, Commanding Officer, Naval Air Station, Jacksonville, et al., Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

July 5, 1974.

Attorney(s) appearing for the Case

Robert S. Yerkes, Asst. U. S. Atty., John L. Briggs, U. S. Atty., Jacksonville, Fla., Lieutenant Ralph B. Levy, JAGC, USNR Staff, Commander Fleet Air, Jacksonville, Fla., for respondents-appellants.

Kathryn L. Powers, Jacksonville, Fla. (Court-appointed), in forma pauperis as to petitioners-appellees only.

Before DYER and MORGAN, Circuit Judges, and KRAFT, District Judge.

MORGAN, Circuit Judge :

The main question presented in these cases is whether the Sixth Amendment's guarantee of assistance of counsel protects enlisted military personnel brought before summary courts-martial in cases which may result in imprisonment. We hold that it does, and affirm the judgment of the district court granting writs of habeas corpus to the four petitioners.

Certain facts are common to all four cases. All petitioners are enlisted men in the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases