NOYD

v.

MCNAMARA, SECRETARY OF DEFENSE, ET AL.

Citator

Cited By (32 total)

• Farrow v. United States, 580 F.2d 1339 (9th Cir. 1978)
  …dings over which they had presided. Id. at 53.14 The purpose of § 2255 to have motions thereunder brought before the original sentencing judge where possible was also emphasized in Mirra v. United States, 379 F. 2d 782, 788 (2d Cir.), cert. denied, 389 U.S. 1022, 88 S.Ct. 593, 19 L.Ed.2d 667 (1967), a position the Second Circuit reiterated in Panico v. United States, 412 F. 2d 1151 (2d Cir. 1969), cert. denied, 397 U.S. 921, 90 S.Ct. 901, 25 L.Ed.2d 102 (1970). There, the court stated that “[o]ne of the pur…
• Hammond v. Lenfest, 398 F.2d 705 (2d Cir. 1968)
  …842 (1953), [*710] and Brown v. McNamara, supra,7 and decided that Hammond had failed to exhaust his available administrative and military remedies, citing Noyd v. McNamara, 267 F.Supp. 701 (D.Colo.), aff'd, 378 F. 2d 538 (10th Cir.), cert. denied, 389 U.S. 1022, 88 S.Ct. 593, 19 L.Ed.2d 667 (1967). On this appeal, the government urges an additional ground for affirmance — that Hammond is not “in custody” within the meaning of the federal habeas corpus statute, 28 U.S.C. § 2241. II. Before proceeding to…

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• Noyd v. Bond, 395 U.S. 683 (U.S. 1969)
  …ed for refusing to obey orders and so had not fully exhausted his remedies within the military system. Noyd v. McNamara, 267 F. Supp. 701 (1967). The Court of Appeals for the Tenth Circuit affirmed, 378 F. 2d 538, and this Court denied certiorari, 389 U. S. 1022 (1967). The Courts of Appeals for the Second and Fifth Circuits have, however, subsequently decided that the exhaustion doctrine did not necessarily require a serviceman to await the military’s decision to convene a court-martial before seeking re…