Legal Opinion

United States v. Courtney

United States Court of Military Appeals

Decided July 2, 1976No. 30,864PublishedCited by 113 opinions

1Opinion of the Court

OPINION OF THE COURT

FLETCHER, Chief Judge:

Following the accused’s arraignment on a single charge alleging the wrongful possession of marihuana in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934,1 his counsel, Captain Zollie Cowart, moved to dismiss the charge or, in the alternative, for a ruling that the maximum confinement penalty should be limited to that imposable for a marihuana possession offense brought under Article 92, UCMJ.2 As a basis for his motion, Captain Cowart sought to establish that the accused had been denied equal protection of the laws as that…

2Cases cited25 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Griffin v. IllinoisSupreme Court of the United States · 1956
  3. Shapiro v. ThompsonSupreme Court of the United States · 1969
  4. Bolling v. SharpeSupreme Court of the United States · 1954
  5. Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942

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3Cited by113 opinions

  1. United States v. EzellUnited States Court of Military Appeals · 1979
  2. United States v. JacksonUnited States Court of Military Appeals · 1977
  3. United States v. RyanUnited States Court of Military Appeals · 1978
  4. United States v. MogliaUnited States Court of Military Appeals · 1977
  5. United States v. EttlesonUnited States Court of Military Appeals · 1982

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