Legal Opinion
United States v. McFadden
Court of Appeals for the Armed Forces
Decided March 3, 2015No. 12-0501/AFPublishedCited by 21 opinions
1Opinion of the Court
Judge STUCKY delivered the opinion of the Court.
After Appellant testified on her own behalf, a court'member asked if she was aware of the concept of lying by omission. We granted Appellant’s petition for review to consider whether the military judge abused his discretion by failing to grant a mistrial or to sua sponte excuse the court member. We hold that the military judge did not abuse his discretion in not granting the mistrial, and he did not have a sua sponte duty to excuse the member.
I. Posture of Case
Appellant was charged with conspiracy to desert her unit, two specifications of…
2Cases cited15 opinions
- Jama v. Immigration and Customs EnforcementSupreme Court of the United States · 2005
- Ryder v. United StatesSupreme Court of the United States · 1995
- United States v. AshbyCourt of Appeals for the Armed Forces · 2009
- United States v. CarpenterUnited States Court of Military Appeals · 1993
- United States v. DiazCourt of Appeals for the Armed Forces · 2003
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3Cited by21 opinions
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- United States v. AkbarCourt of Appeals for the Armed Forces · 2015
- United States v. AkbarCourt of Appeals for the Armed Forces · 2015
- United States v. Chappell-DenzerUnited States Air Force Court of Criminal Appeals · 2015
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