EX PARTE MILLIGAN

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Case Basics
Petitioner 
Ex parte Milligan
Opinion 
Term:
Facts of the Case 

Lambden P. Milligan was sentenced to death by a military commission in Indiana during the Civil War; he had engaged in acts of disloyalty. Milligan sought release through habeas corpus from a federal court.

Question 

Does a civil court have jurisdiction over a military tribunal?

Conclusion 
Decision: 9 votes for Milligan, 0 vote(s) against
Legal provision: US Const. Amend 5

Davis, speaking for the Court, held that trials of civilians by presidentially created military commissions are unconstitutional. Martial law cannot exist where the civil courts are operating.

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EX PARTE MILLIGAN. The Oyez Project at IIT Chicago-Kent College of Law. 27 July 2014. <http://www.oyez.org/cases/1851-1900/1865/1865_0>.
EX PARTE MILLIGAN, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1851-1900/1865/1865_0 (last visited July 27, 2014).
"EX PARTE MILLIGAN," The Oyez Project at IIT Chicago-Kent College of Law, accessed July 27, 2014, http://www.oyez.org/cases/1851-1900/1865/1865_0.