United States v. Augenblick

United States Supreme Court

393 U.S. 348

United States  v.  Augenblick et al.

Certiorari to the United States Court of Claims

No. 45.  Argued: November 21, 1968 --- Decided: January 14, 1969

Even if it is assumed, arguendo, despite the enactment of Article 76 of the Uniform Code of Military Justice (which provides that military review of court-martial convictions shall be "final and conclusive" and "binding upon all... courts... of the United States") that collateral attack on a court-martial judgment may be made in the Court of Claims through a back-pay suit alleging a "constitutional" defect in the military decision, the claims herein, which involve a rule of evidence concerning accomplice testimony, and the possible application of the Jencks Act, do not on their facts rise to the constitutional level. Pp. 349-356.

180 Ct.Cl. 131, 377 F.2d 586; 181 Ct.Cl. 210, 383 F.2d 1009, reversed.


Assistant Attorney General Weisl argued the cause for the United States. With him on the briefs were Solicitor General Griswold, John C. Eldridge, and Robert V. Zener.

Joseph H. Sharlitt argued the cause for respondent Augenblick. With him on the brief was Steven R. Rivkin. Francis J. Steiner, Jr., argued the cause and filed a brief for respondent Juhl.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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