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Legal Opinion

United States v. Cohan

United States Court of Military Appeals

Decided April 9, 1971No. 23,459PublishedCited by 9 opinions

1Opinion of the Court

Opinion of the Court

Quinn, Chief Judge:

The question presented by this appeal is the admissibility during sentence procedure of evidence of Article 15 punishment. Judges of the United States Army Court of Military Review have divided as to the answer. United States v Ward, 42 CMR 616 (ACMR June 3, 1970); United States v Palmer, 43 CMR — (ACMR October 28, 1970).

Paragraph 754, Manual for Courts-Martial, United States, 1969 (Revised edition), authorizes a court-martial to consider personnel records of the accused reflecting his “past conduct and performance” in connection with the sentence. We…

2Cases cited4 opinions

  1. United States v. MontgomeryUnited States Court of Military Appeals · 1970
  2. United States v. JohnsonUnited States Court of Military Appeals · 1970
  3. United States v. FlowersUnited States Court of Military Appeals · 1970
  4. United States v. LindsayUnited States Court of Military Appeals · 1970

3Cited by9 opinions

  1. United States v. BolesUnited States Court of Military Appeals · 1981
  2. United States v. KingU.S. Army Court of Military Review · 1988
  3. United States v. CisnerosUnited States Court of Military Appeals · 1981
  4. United States v. TurnerUnited States Court of Military Appeals · 1972
  5. Martin v. Secretary of the ArmyDistrict Court, District of Columbia · 1977

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