Skaggs v. Larsen
396 U.S. 1206 (1969)

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U.S. Supreme Court

Skaggs v. Larsen, 396 U.S. 1206 (1969)

Skaggs v. Larsen

Decided August 5, 1969

396 U.S. 1206

Syllabus

Motion by Army reservist for release from military custody pending Court of Appeals' review of District Court's denial of petition for habeas corpus is granted. Reservist's claims that the order requiring him to serve 17 months beyond his enlistment contract was without notice and opportunity to be heard, and in violation of the terms of his enlistment contract, are within the scope of the writ of habeas corpus. There is no statutory provision for a hearing, and the issue is substantial, and should be resolved.

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