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Legal Opinion

United States v. Smith

Court of Appeals for the Armed Forces

Decided February 28, 1995No. 67671; CMR No. S28574PublishedCited by 8 opinions

1Opinion of the Court

Opinion of the Court on Motion to Remand

GIERKE, Judge:

1. This Court previously reviewed this case, and we ordered a factfinding hearing in accordance with United States v. DuBay, 17 USCMA 147, 37 CMR 411 (1967), to resolve a question regarding defense counsel’s prior representation of a prosecution witness. 36 MJ 455 (1993). After the DuBay hearing was completed and the record submitted to the Court of Military Review * in accordance with our order, a new appellate defense counsel raised and briefed two additional assignments of error not previously filed and not expressly included within the…

2Cases cited6 opinions

  1. United States v. DuBayUnited States Court of Military Appeals · 1967
  2. United States v. LovingCourt of Appeals for the Armed Forces · 1994
  3. United States v. MontesinosUnited States Court of Military Appeals · 1989
  4. United States v. SmithUnited States Court of Military Appeals · 1993
  5. United States v. JordanUnited States Court of Military Appeals · 1993

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

3Cited by8 opinions

  1. United States v. GaskinsCourt of Appeals for the Armed Forces · 2013
  2. Al Bahlul v. United StatesSpecial Court under the Regional Rail Reorganization Act · 2019
  3. Henry v. RothDistrict Court, District of Columbia · 2022
  4. United States v. CalamitaUnited States Air Force Court of Criminal Appeals · 1998
  5. United States v. CheroUnited States Air Force Court of Criminal Appeals · 2017

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

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