Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Capt. Dale E. Noyd v. Maj. Gen. Charles R. Bond, Jr.
Citation: 393 U.S. 1048Docket: 830
Court: Supreme Court of the United States; February 23, 1969; Federal Supreme Court; Federal Appellate Court
Petitioner Capt. Dale E. Noyd, currently incarcerated due to a court martial, seeks a writ of certiorari from the U.S. Supreme Court after the Tenth Circuit denied him standing to challenge his incarceration's place and manner, citing failure to exhaust military remedies. Unlike the case of Gusik v. Schilder, this habeas corpus proceeding does not contest errors from the court martial trial itself but instead questions whether the exhaustion doctrine applies when the court martial's authority is alleged to exceed its jurisdiction, a matter that has not been previously addressed. Justice Douglas emphasizes the significance of the issue and suggests that the Supreme Court should review it, although it will not convene until January 10, 1969. In the interim, he proposes that Noyd should be placed in a non-incarcerated status to prevent any assignments that could lead to further court martial proceedings that might harm him. The specifics of this arrangement are to be determined by the District Court. Douglas notes that under Article 71(c) of the Uniform Code of Military Justice, certain sentences cannot be executed without affirmation by a board of review or the Court of Military Appeals. He expresses a belief that the petition merits consideration, highlighting unresolved questions regarding the review scope by the Court of Military Appeals and the role of federal courts in such matters.