Friday, December 6, 2013

Wilson v. Girard case brief

Wilson v. Girard case brief summary
354 U.S. 524 (1957)

CASE SYNOPSIS
Petitioner Secretary of Defense and other government officials sought certiorari to the United States Court of Appeals for the District of Columbia Circuit before that court acted on an appeal of a district court's order enjoining the officials from delivering respondent soldier to Japan pursuant to a treaty and to an administrative agreement. The soldier filed a cross-petition for certiorari for the denial of a writ of habeas corpus..

CASE FACTS
During a unit exercise at a camp range area in Japan a U.S. soldier caused the death of a Japanese civilian. Pursuant to Administrative Agreement, Feb. 28, 1952, U.S.-Japan, art. XVII, para. 1, 3 U.S. Treaties and Other International Agreements 3341; T.I.A.S. No. 2492, as amended by Protocol Agreement, Sept. 29, 1953, U.S.-Japan, 4 U.S. Treaties and Other International Agreements 1846; T.I.A.S. No. 2848, the U.S. waived its jurisdiction so that Japan could try the soldier. The district court denied the soldier's petition for a writ of habeas corpus but issued an injunction prohibiting government officials from delivering the soldier to Japan.

DISCUSSION

  • On certiorari, the court reversed the order granting the injunction, affirmed the denial of the writ of habeas corpus, and held as follows: 
  • The Senate ratified Security Treaty, Sept. 8, 1951, U.S.-Japan, 3 U.S. Treaties and Other International Agreements 3329; T.I.A.S. No. 2491, which authorized the Administrative Agreement. 
  • Because art. XVII, par. 1 of the Agreement as applied did not violate the U.S. Constitution or any statute, the decision to waive jurisdiction was exclusively for the executive or legislative branches of the government.

CONCLUSION
The court granted certiorari, reversed the lower court's order enjoining the officials from delivering a soldier to Japan, and affirmed the order denying the soldier's petition for a writ of habeas corpus.

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