Legal Opinion

Cooke v. Orser

United States Court of Military Appeals

Decided February 22, 1982No. Misc. Dkt. No. 81-59PublishedCited by 77 opinions

1Opinion of the Court

Opinion of the Court

FLETCHER, Judge:

The petitioner comes before this Court seeking extraordinary relief in the form of a writ of mandamus directing the military judge at his court-martial to dismiss the charges1 against him. 28 U.S.C. § 1651(a); Chenoweth v. Van Arsdall, 22 U.S.C.M.A. 183, 188, 46 C.M.R. 183, 188 (1973). He asserts that his prosecution for these offenses is barred by a promise of immunity made by an authority competent to make such a promise or ratified by an authority so empowered. See para. 68A, Manual for Courts-Martial, United States, 1969 (Revised edition). In the…

2Cases cited28 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. Berger v. United StatesSupreme Court of the United States · 1935
  3. Bordenkircher v. HayesSupreme Court of the United States · 1978
  4. Abel v. United StatesSupreme Court of the United States · 1960
  5. United States v. MorrisonSupreme Court of the United States · 1981

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

3Cited by77 opinions

  1. Murray v. HaldemanUnited States Court of Military Appeals · 1983
  2. United States v. GrafUnited States Court of Military Appeals · 1992
  3. United States v. McClainUnited States Court of Military Appeals · 1986
  4. United States v. TreakleU.S. Army Court of Military Review · 1984
  5. United States v. LeviteUnited States Court of Military Appeals · 1987

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

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