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Legal Opinion

United States v. Boland

United States Court of Military Appeals

Decided September 11, 1970No. 23,082PublishedCited by 16 opinions

1Opinion of the Court

Opinion of the Court

Ferguson, Judge:

We granted review in this case to consider whether the law officer erred to the substantial prejudice of the accused in his instructions to the court on the manner in which it should proceed in the event one of the court members proposed that a finding be reconsidered.

Paragraph 74d(3), Manual for Courts-Martial, United States, 1969,1 provides in pertinent part:

“. . . Any member of a court may propose that a finding be reconsidered. If a reballot is proposed by any member as to a finding of guilty of an offense for which the death penalty is mandatory by…

2Cases cited7 opinions

  1. United States v. SmithUnited States Court of Military Appeals · 1962
  2. United States v. JohnsonUnited States Court of Military Appeals · 1970
  3. United States v. VillasenorUnited States Court of Military Appeals · 1955
  4. United States v. WorleyUnited States Court of Military Appeals · 1970
  5. United States v. CruzUnited States Court of Military Appeals · 1959

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

3Cited by16 opinions

  1. United States v. TimmermanU S Air Force Court of Military Review · 1989
  2. United States v. HensleyU S Air Force Court of Military Review · 1979
  3. United States v. PearsonU.S. Army Court of Military Review · 1979
  4. United States v. GreeneUnited States Court of Military Appeals · 1994
  5. United States v. AccordinoU S Air Force Court of Military Review · 1983

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

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