United States v. Tiede

Crim. Case No. 78-001A, 86 F.R.D. 227 (1979)

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United States v. Tiede

United States Court for Berlin
Crim. Case No. 78-001A, 86 F.R.D. 227 (1979)

EP

Facts

German citizen Hans Detlef Alexander Tiede (defendant) was arrested by the United States military and criminally charged with felonies for diverting a Polish airplane and forcing the airplane to land in the United States sector of West Berlin. American counsel was appointed to represent Tiede because American procedural law and German substantive law were to be applied at the arraignment. Tiede moved for a trial by jury. The prosecution for the United States Sector for West Berlin (plaintiff) opposed the motion, arguing that Tiede had no right to a jury trial, that constitutional protections did not apply to Tiede because the territory was acquired by a military victory, that the issue involved a political question not subject to the court’s review, and that the court was independent and could not decide Tiede’s constitutional rights.

Rule of Law

Issue

Holding and Reasoning (Stern, J.)

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