William O. Douglas

“ Four government agents testified concerning the interrogation of Hodges, the recording facilities used, the Navy's routine in handling and using such recordings, and the fate of the tape containing Hodges' testimony. The ground was covered once again at the court-martial. The tapes were not produced; the record indeed shows that they were not found; and their ultimate fate remains a mystery. The law officer properly ruled that the Government bore the burden of producing them or explaining why it could not do so. ”

“ We did not sanction review of those paragraphs in a collateral remedy but held that only a denial of the opportunity for the military to consider the defense of insanity 'goes to the question of jurisdiction'; and we added that, ' (a) ny error that may be committed in evaluating the evidence tendered is beyond the reach of review by the civil courts.' 340 U.S., at 124, 71 S.Ct., at 148.
Rules of evidence are designed in the interest of fair trials. But unfairness in result is no sure measure of unconstitutionality. ”

“ Augenblick was sentenced to dismissal from the service; Juhl was sentenced to reduction in rank, partial forfeiture of pay, and confinement for six months. Each exhausted the remedies available to him [1] and, not having obtained relief, brought suit in the Court of Claims to recover back pay, [2] on the ground that the court-martial infringed on his constitutional rights. The Court of Claims undertook to review the judgments of the courtsmartial for constitutional defects and rendered judgments for respondents. ”

“ Since on examination of the record we are left in doubt as to the precise nature of the 'notes,' we cannot say that the command of the Jencks Act was disobeyed when they were not ordered to be produced. ”