Homma v. Patterson/Opinion of the Court

I dissent upon the grounds stated in the dissenting opinions in the Yamashita case, 327 U.S. 1, 66 S.Ct. 340, all of which are exemplified in these applications, and for additional reasons presented by them.

For the first time the Court, by its denial of the applications with the effect of sustaining the commission's jurisdiction, permits trial for a capital offense under a binding procedure which allows forced confessions to be received in evidence; makes proof in prior trials of groups for mass offenses 'prima facie evidence that the accused is likewise guilty of that offense'; and requires that the findings and judgment in such a mass trial 'be given full faith and credit' in any subsequent trial of an individual person charged as a member of the group. These provisions of the directive ordering the creation of the commission in my judgment vitiate the entire proceeding.

Moreover the time allowed for preparation of the defense was cut from the three weeks given to Yamashita to fifteen days between arraignment and the beginning of trial. Motions at arraignment for 30 days to prepare defense before the trial began and on the opening day of trial for a ten-day continuance, the latter supported by counsel's affidavit of insufficient time, were denied.

Other serious questions, affecting the validity and fairness of the commission's constitution are presented which were not raised in the Yamashita petitions.

I think the motion and petition respectively should be granted and determined on the merits.

Mr. Justice MURPHY joins in this opinion.