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Wilson v. Girard

United States Supreme Court

354 U.S. 524 (1957)

Relevant factsFree

Girard (defendant), a U.S. Army Specialist stationed in Japan, was on an exercise where Japanese civilians were gathering spent cartridge cases. Using a grenade launcher on his rifle, he launched an expended cartridge case by firing a blank, striking and killing a Japanese woman. The United States told Japan it would deliver Girard for trial, and Japan indicted him for causing death by wounding. Girard sought habeas corpus in federal court, which was denied, but he obtained declaratory relief and an injunction against his delivery to Japan. Wilson (plaintiff) appealed to the U.S. Supreme Court, and Girard cross-petitioned; both petitions were granted.

IssueFree

Whether a sovereign nation may waive its jurisdiction over criminal offenses by entering an administrative agreement with another nation.

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