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Legal Opinion

United States v. Aurich

United States Court of Military Appeals

Decided September 20, 1990No. 63,386; CM 8802273PublishedCited by 46 opinions

1Per curiam

At issue is whether the military judge erred in permitting appellant’s company commander to testify over objection that he did not want appellant back in his unit. The separate opinion by Judge Sullivan sets out the challenged testimony verbatim.

*96The Court unanimously agrees that admission of this testimony in this trial by military judge alone did not constitute reversible error. Art. 59(a), Uniform Code of Military Justice, 10 USC § 859(a); United States v. Montgomery, 20 USCMA 35, 42 CMR 227 (1970). For reasons expressed in the separate opinion, the Court does not agree on whether the…

2Cases cited9 opinions

  1. Parker v. LevySupreme Court of the United States · 1974
  2. United States v. ThomasUnited States Court of Military Appeals · 1986
  3. United States v. OhrtUnited States Court of Military Appeals · 1989
  4. United States v. MontgomeryUnited States Court of Military Appeals · 1970
  5. United States v. HornerUnited States Court of Military Appeals · 1986

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

3Cited by46 opinions

  1. United States v. LovingCourt of Appeals for the Armed Forces · 1994
  2. United States v. ClaxtonUnited States Court of Military Appeals · 1991
  3. United States v. GriggsCourt of Appeals for the Armed Forces · 2005
  4. United States v. EslingerCourt of Appeals for the Armed Forces · 2011
  5. United States v. WilliamsUnited States Court of Military Appeals · 1994

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

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