Constitutional Law - Due Process - Scope of Inquiry in Habeas Corpus Petitions from Military Prisoner

Authors

Eugene Alkema, University of Michigan Law SchoolFollow

Abstract

Petitioners, military personnel, were convicted by courts martial of rape and murder. After exhausting military appellate remedies, they petitioned federal civil courts for writs of habeas corpus on the ground that they had been convicted in proceedings denying them basic constitutional rights. The petitions were denied. On appeal, held, affirmed, two justices dissenting. When the record shows that military courts have fairly considered all of the allegations of the petitioners and have found no denial of constitutional rights, civil courts in habeas corpus proceedings will not hear evidence on the merits of the allegations. Burns v. Wilson, 346 U.S. 137, 73 S.Ct. 1045 (1953).

Recommended Citation

Eugene Alkema, Constitutional Law - Due Process - Scope of Inquiry in Habeas Corpus Petitions from Military Prisoner, 52 Mich. L. Rev. 602 (1954).
Available at: https://repository.law.umich.edu/mlr/vol52/iss4/12