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Legal Opinion

States v. Miller

U.S. Navy-Marine Corps Court of Military Review

Decided March 27, 1979No. NCM 78 1385PublishedCited by 5 opinions

1Opinion of the Court

ROOT, Judge:

Appellant urges two errors, to wit:

I

BECAUSE THE MILITARY JUDGE FAILED TO INQUIRE INTO APPELLANT’S AND COUNSEL’S UNDERSTANDING OF THE CONDITION OF THE PRETRIAL AGREEMENT WHICH PERMITTED SUBSEQUENT ADMINISTRATIVE DISCHARGE PROCESSING APPELLANT’S PLEAS WERE IMPROVIDENT UNDER THE MANDATE OF UNITED STATES V. GREEN, 1 M.J. 453 (C.M.A.1976). SEE UNITED STATES V. THOMAS, NO. 76 0618 (N.C.M.R. 25 JULY 1978).

II

BECAUSE APPELLANT DID NOT SUBMIT HIS REQUEST TO BE TRIED BY A MILITARY JUDGE UNTIL AFTER FINDINGS {SEE R.16), THE COURT-MARTIAL LACKED JURISDICTION. UNITED STATES V. FIFE, 20…

2Cases cited6 opinions

  1. United States v. GreenUnited States Court of Military Appeals · 1976
  2. United States v. KingUnited States Court of Military Appeals · 1977
  3. United States v. ElmoreUnited States Court of Military Appeals · 1976
  4. United States v. SantosU.S. Navy-Marine Corps Court of Military Review · 1977
  5. United States v. FifeUnited States Court of Military Appeals · 1970

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

3Cited by5 opinions

  1. United States v. MilesUnited States Court of Military Appeals · 1982
  2. United States v. FordU.S. Navy-Marine Corps Court of Military Review · 1981
  3. United States v. JamesU.S. Navy-Marine Corps Court of Military Review · 1980
  4. United States v. PonkaU.S. Navy-Marine Corps Court of Military Review · 1980
  5. United States v. DeBarrowsU S Coast Guard Court of Criminal Appeals · 1995

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