United States Supreme Court Cases & Opinions

U.S. Supreme Court

Levy v. Parker, 396 U.S. 1204 (1969)

Levy v. Parker

Decided August 2, 1969

396 U.S. 1204

Syllabus

Application by military prisoner for release on bail pending determination on merits of habeas corpus petition filed in District Court is granted. Although bail had been denied by the lower court and the Circuit Justice, referral to the full Court is not immediately possible, since the Court is in recess and the Justices are widely scattered. There are substantial problems of whether Article 134 of the Uniform Code of Military Justice, which, inter alia, applicant had been convicted of violating, satisfies the standards of vagueness required by due process, and of First Amendment rights. While applicant's sentence will expire shortly, a live controversy will continue, and applicant should be released on bail until the full Court can pass on the application.