United States v. Davis
U S Air Force Court of Military Review
1Opinion of the Court
DECISION
HODGSON, Chief Judge:
The accused argues that his conviction by special court-martial, after he had refus*821ed non-judicial punishment * and demanded trial, was the result of prosecutorial vindictiveness and a violation of due process where he later withdrew his demand for trial and offered to accept the previously refused non-judicial punishment. We disagree and affirm.
On 8 December 1983, the accused was offered non-judicial punishment for marijuana abuse alleged to have occurred on 18 October 1983; as was his right he refused this course of action and demanded trial by court-martial.…
Also in this document: Concurrence.
2Cases cited7 opinions
- United States v. J. Richard BarberCourt of Appeals for the Fourth Circuit · 1982
- United States v. Martin RossCourt of Appeals for the Second Circuit · 1983
- Bhagwan D. Raheja and Krishna K. Raheja v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1984
- United States v. Barry Gene SpenceCourt of Appeals for the Eleventh Circuit · 1983
- United States v. John RuppelCourt of Appeals for the Fifth Circuit · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. HerringU S Air Force Court of Military Review · 1985