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LYLE v. KINCAID

Nos. 72-405-Civ-J-T, 72-406-Civ-J-T.

352 F.Supp. 81 (1972)

Donald James LYLE, Petitioner, v. Capt. John R. KINCAID, United States Navy, Commanding Officer, Naval Air Station, Jacksonville, Florida, Respondent. James Henry SEEGER, Petitioner, v. Capt. John R. KINCAID, United States Navy, Commanding Officer, Naval Air Station, Jacksonville, Florida, Respondent.

United States District Court, M. D. Florida, Jacksonville Division.

December 19, 1972.

Attorney(s) appearing for the Case

Stephen D. Busey (Court-appointed), Jacksonville, Fla., for petitioners.

Robert S. Yerkes, Asst. U. S. Atty., Jacksonville, Fla., for respondent.

MEMORANDUM OPINION

TJOFLAT, District Judge.

In each of these cases a member of the Armed Forces has filed a petition for a writ of habeas corpus alleging that he has been convicted by a Special Court Martial of possession of marijuana which allegedly occurred while he was off base, off duty, and out of uniform. Each petitioner argues that under O'Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969), the military...

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