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Legal Opinion

United States v. Groce

United States Court of Military Appeals

Decided September 12, 1977No. 32,607; SPCM 10982PublishedCited by 32 opinions

1Opinion of the Court

*370Opinion of the Court

FLETCHER, Chief Judge:

This case warrants reversal. During his instructions to the court members regarding findings, the military judge hesitated mid-sentence to say to the jury “. would one of you nudge Colonel Rabin there.” Subsequently, the following notation was made in the authenticated record: “(Lieutenant Colonel Carlson nudged Lieutenant Colonel Rabin to wake him up.)” However, no motion for a mistrial nor objection was made by the defense counsel. Subsequent to trial, the defense counsel asserted in an affidavit that the juror was sleeping while the military judge…

2Cases cited15 opinions

  1. United States v. BurtonUnited States Court of Military Appeals · 1971
  2. United States v. GravesUnited States Court of Military Appeals · 1975
  3. United States v. LucasUnited States Court of Military Appeals · 1951
  4. United States v. ClayUnited States Court of Military Appeals · 1951
  5. United States v. Cruz-RijosUnited States Court of Military Appeals · 1976

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3Cited by32 opinions

  1. United States v. WolfordCourt of Appeals for the Armed Forces · 2006
  2. United States v. DiazCourt of Appeals for the Armed Forces · 2003
  3. United States v. DearingCourt of Appeals for the Armed Forces · 2006
  4. United States v. MartinezUnited States Court of Military Appeals · 1994
  5. United States v. BakerCourt of Appeals for the Armed Forces · 2002

27 more not listed; retrieve them via the Exa API.

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