Legal Opinion

United States v. Gorski

Court of Appeals for the Armed Forces

Decided November 18, 1997No. 97-0034; Crim.App. No. 32230PublishedCited by 121 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Senior Judge:

This case presents an issue common to many cases now pending in this Court: Whether the 1996 addition of Article 58b, Uniform Code of Military Justice, 10 USC § 858b, concerning forfeiture of pay and allowances has an ex post facto effect in violation of Article I, § 9, of the Constitution. We hold that it does as to any accused person tried for offenses committed before the effective date of that amendment who received, from a general court-martial, a sentence of confinement for more than 6 months, or, from a general or special court-martial, a…

2Cases cited18 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. Calder v. BullSupreme Court of the United States · 1798
  3. Austin v. United StatesSupreme Court of the United States · 1993
  4. Miller v. FloridaSupreme Court of the United States · 1987
  5. California Department of Corrections v. MoralesSupreme Court of the United States · 1995

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3Cited by121 opinions

  1. United States v. GoodeNavy-Marine Corps Court of Criminal Appeals · 2001
  2. United States v. FalkCourt of Appeals for the Armed Forces · 1999
  3. United States v. RolandCourt of Appeals for the Armed Forces · 1999
  4. United States v. HughesUnited States Air Force Court of Criminal Appeals · 1998
  5. United States v. GriffinCourt of Appeals for the Armed Forces · 1999

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

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