U.S. EX REL. NEW v. RUMSFELD

No. CIV.A.96-0033(PLF).

350 F.Supp.2d 80 (2004)

The UNITED STATES ex rel. Michael G. NEW, Petitioner, v. Donald H. RUMSFELD, Secretary of Defense, and Les Brownlee, Acting Secretary of the Army, Respondents.

United States District Court, District of Columbia.

December 22, 2004.


Attorney(s) appearing for the Case

Henry L. Hamilton, Ratchford & Hamilton LLP, Columbia, SC, Herbert W. Titus, Troy A. Titus, P.C., Virginia Beach, VA, John Stewart Miles, William J. Olson, P.C., McLean, VA, Michael Paul Farris, Home School Legal Defense Association, Washington, DC, Ronald D. Ray, Crestwood, KY, William J. Olson, William J. Olson, P.C., McLean, VA, for Plaintiff.

Robert Lawrence Shapiro, Spriggs & Hollingsworth, Thomas M. Ray, Claes H. Lewenhaupt, Joel E. Wilson, Washington, DC, for Defendants.


OPINION

PAUL L. FRIEDMAN, District Judge.

The petitioner in this case, Specialist Michael G. New, is an enlisted member of the United States Army convicted by court-martial of disobeying a lawful order under Article 92 of the Uniform Code of Military Justice and sentenced to a bad conduct discharge. Mr. New has filed a petition for a writ of habeas corpus, asking the Court to set aside his conviction...

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