Legal Opinion
United States v. McClour
Court of Appeals for the Armed Forces
Decided January 24, 2017No. 16-0455/AFPublishedCited by 62 opinions
1Opinion of the Court
Judge STUCKY
delivered the opinion of the Court. 1
While more cases in recent years are tried to military judges sitting alone, the statutory presumption for an accused under the Uniform Code of Military Justice (UCMJ) is still a trial involving members. Article 16, UCMJ, 10 U.S.C. § 816 (2012); Rule for Courts-Martial (R.C.M.) 601(a); R.C.M. 903. Military judges are barred from contravening the right to a trial by members by directing members to return a verdict of guilty. Sullivan v. Louisiana, 508 U.S. 275, 277, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993). In this vein, we are faced with the…
2Cases cited15 opinions
- Sullivan v. LouisianaSupreme Court of the United States · 1993
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- Watts v. United StatesDistrict of Columbia Court of Appeals · 1976
- United States v. Alvin R. BustilloCourt of Appeals for the Ninth Circuit · 1986
- State v. RaglandSupreme Court of New Jersey · 1986
10 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- United States v. RosarioCourt of Appeals for the Armed Forces · 2017
- United States v. PabelonaCourt of Appeals for the Armed Forces · 2017
- United States v. ChikakaCourt of Appeals for the Armed Forces · 2017
- United States v. RobinsonUnited States Air Force Court of Criminal Appeals · 2017
- United States v. HarrisonCourt of Appeals for the Armed Forces · 2017
57 more not listed; retrieve them via the Exa API.