Legal Opinion

United States v. Davis

U S Air Force Court of Military Review

Decided August 21, 1984No. ACM S26380PublishedCited by 1 opinion

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

  1. United States v. J. Richard BarberCourt of Appeals for the Fourth Circuit · 1982
  2. United States v. Martin RossCourt of Appeals for the Second Circuit · 1983
  3. Bhagwan D. Raheja and Krishna K. Raheja v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1984
  4. United States v. Barry Gene SpenceCourt of Appeals for the Eleventh Circuit · 1983
  5. 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

  1. United States v. HerringU S Air Force Court of Military Review · 1985

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