1. Home
  2. Browse Decisions
  3. F.2d
  4. 641 F.2d
  5. 641 F.2d 1376 (1981)
 

HATHEWAY v. SECRETARY OF ARMY

No. 80-4013.

641 F.2d 1376 (1981)

Joseph G. HATHEWAY, Jr., Plaintiff-Appellant, v. SECRETARY OF the ARMY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1981.

Attorney(s) appearing for the Case

Christopher Coates, Atlanta, Ga., argued for plaintiff-appellant.

Calvin M. Lederer, Capt., JAGC, Dept. of the Army, Washington, D. C., argued for defendant-appellee.

Before WRIGHT, CHOY, and ANDERSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

I.

Lieutenant Hatheway was convicted of sodomy by a general court-martial. Article 125 of the Uniform Code of Military Justice, 10 U.S.C. § 925 (1976) makes it a crime for a serviceperson to engage "in unnatural carnal copulation with another person of the same or opposite sex."

Prior to trial, Hatheway offered to prove that the convening authority prosecuted only cases involving homosexual sodomy, and would...

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