Legal Opinion
Smith v. Vanderbush
Court of Appeals for the Armed Forces
Decided September 11, 1997No. 97-5003; Crim.App. Misc. 9601265PublishedCited by 35 opinions
1Opinion of the Court
Opinion of the Court
EFFRON, Judge:
The Judge Advocate General of the Army has certified the following issue concerning the decision of the Court of Criminal Appeals, which dismissed charges against Sergeant (SGT) Todd Vanderbush that had been referred to a special court-martial convened in the Republic of Korea by the Commanding General of the 2d Infantry Division:
WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED WHEN IT RULED THAT COURT-MARTIAL JURISDICTION OVER APPELLEE WAS SEVERED BY A DISCHARGE ISSUED BY A COMMANDER OTHER THAN THE CONVENING AUTHORITY AND AFTER PROPER ARRAIGN*57MENT BUT WITHOUT…
2Cases cited12 opinions
- United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
- In Re GrimleySupreme Court of the United States · 1890
- Carter v. McClaughrySupreme Court of the United States · 1902
- United States Ex Rel. Hirshberg v. CookeSupreme Court of the United States · 1949
- United States v. HowardUnited States Court of Military Appeals · 1985
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United States v. HarmonCourt of Appeals for the Armed Forces · 2006
- United States v. MelansonCourt of Appeals for the Armed Forces · 2000
- Willenbring v. NeurauterCourt of Appeals for the Armed Forces · 1998
- United States v. DavisCourt of Appeals for the Armed Forces · 2006
- United States v. EstradaCourt of Appeals for the Armed Forces · 2010
30 more not listed; retrieve them via the Exa API.