It follows from these attached documents that the defendant Karl Brandt was unlawfully deprived of the possibility to lodge an appeal before a Military Tribunal consisting of medical experts. A re-trial before a court of higher order is necessary in order to re-examine the errors committed by the Tribunal in ascertaining the facts of the case and applying the law. I request: (_a_) that the verdict of the Military Tribunal, dated 20 August 1947, be annulled. (_b_) that a court of appeal be formed for a new trial of the case. [Signature] DR. R. SERVATIUS _Attorney-at-law_. _FOR THE DEFENDANT ROSE_ Prof. Dr. med. Gerhard Rose Nuernberg, 4 September 1947 POW A/938984 Palace of Justice, Nuernberg, Germany Defense Counsel: Dr. Heinz [Hans] Fritz Attorney-at-law, Bavariaring 14, Munich, Germany To the Supreme Court of the United States of America Washington, D.C. Prof. Dr. med. Gerhard Rose, Petitioner _vs._ United States of America Petition for Writ of Habeas Corpus and Petition for Writ of Prohibition No.—— I, the undersigned Prof. Dr. Gerhard Rose, was sentenced, in the verdict of the American Military Tribunal I in Nuernberg, Germany, that was announced on 19 and 20 August 1947, of Case I, United States of America _vs._ Karl Brandt and others, for war crimes and crimes against humanity, as defined in Control Council Law No. 10 of 20 Dec 1945, to life imprisonment. I pray: (1) that a writ of habeas corpus be issued by this Court, directed to Lieutenant General Lucius D. Clay, Commanding General, United States Army Forces, Germany, commanding him to produce the body of the petitioner before your Court or some member thereof at a time and place therein to be specified, then and there to receive and to do what your honorable Court shall order concerning his confinement and trial as an accused war criminal and that he be ordered returned to the status of, and internment as a prisoner of war in conformity with the provisions of Article 9 of the Geneva Convention of July 27, 1929, relative to the treatment of prisoners of war and of paragraph 82 of the Rules of Land Warfare [U. S. Field Manual 27-10], and (2) that a writ of prohibition be issued by this Court prohibiting the respondent from proceeding with the trial and that the petitioner be discharged from the offenses and confinement aforesaid, (3) that the costs of the court shall not be levied, because I am a prisoner of war and my property has been confiscated by the Control Council for Germany. As reasons for the above requests I offer the following: