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LeBALLISTER v. WARDEN, U. S. DISCIPLIN. BAR., LEAVENWORTH, KAN.

No. 3919 H. C.

247 F.Supp. 349 (1965)

Michael T. LeBALLISTER, Petitioner, v. The WARDEN, UNITED STATES DISCIPLINARY BARRACKS, LEAVEN-WORTH, KANSAS, Respondent.

United States District Court D. Kansas.

November 22, 1965.

Attorney(s) appearing for the Case

Roy Cook, Kansas City, Kan., for petitioner.

Lt. Col. Abraham Nemrow, JAGC, Washington, D. C., and Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan., for respondent.

ARTHUR J. STANLEY, Jr., Chief Judge.

The petitioner in this habeas corpus proceeding is now in the custody of the respondent by virtue of two convictions by separate special courts-martial, each resulting in a sentence of confinement for a period of six months and forfeiture of pay. The facts are not disputed. The sole question presented is whether the Sixth Amendment to the Constitution of the United States requires that an accused before a special court-martial...

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