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Wilson v. Girard

United States Supreme Court
354 U.S. 524 (1957)


Girard (defendant) was a United States Army Specialist stationed in Japan. He was engaged in an exercise with his unit in an area where Japanese civilians were retrieving expended cartridge cases. Girard had a grenade launcher on his rifle. He placed an expended cartridge case on the rifle, and launched it by firing a blank. The case struck and killed a Japanese civilian woman. The United States notified Japan that it would be delivering Girard to Japan for trial. Japan indicted Girard for causing death by wounding. Girard petitioned for a writ of habeas corpus in U.S federal district court, but his petition was denied. However, he was granted declaratory relief and an injunction was issued against his delivery to Japan. Wilson (plaintiff) appealed to the United States Supreme Court. Girard filed a cross-petition for certiorari to review the denial of his petition for a writ of habeas corpus. Both petitions were granted.

Rule of Law


Holding and Reasoning (Per Curiam)

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