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Legal Opinion

United States v. Richardson

United States Court of Military Appeals

Decided August 20, 1971No. 23,852PublishedCited by 11 opinions

1Opinion of the Court

Opinion

DARDEN, Chief Judge:

Having been convicted of desertion by a general court-martial consisting of a military judge alone, the appellant now contends that his sentence should be set aside and the charge dismissed because a previous general court-martial had placed him in jeopardy for the same offense. The question to be decided therefore is whether these trial proceedings violate either Article 44, Uniform Code of Military Justice, 10 USC § 844, or the constitutional guarantee of the Fifth Amendment that no person “be twice put in jeopardy of life or limb” for the same offense.

On December…

2Cases cited6 opinions

  1. United States v. JornSupreme Court of the United States · 1971
  2. Wade v. HunterSupreme Court of the United States · 1949
  3. Gori v. United StatesSupreme Court of the United States · 1961
  4. United States v. MontgomeryUnited States Court of Military Appeals · 1970
  5. Indiana Unemployment Compensation Board v. Benner-Coryell Lumber Co.Supreme Court of the United States · 1941

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3Cited by11 opinions

  1. United States v. TimberlakeUnited States Court of Military Appeals · 1984
  2. United States v. FrancisUnited States Court of Military Appeals · 1983
  3. United States v. CriderUnited States Court of Military Appeals · 1973
  4. United States v. Private E2 JARROD E. MCCLAINArmy Court of Criminal Appeals · 2008
  5. United States v. KokeU.S. Navy-Marine Corps Court of Military Review · 1991

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

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