Legal Opinion

United States v. Suzuki

United States Court of Military Appeals

Decided January 31, 1983No. 41691; ACM 23133PublishedCited by 91 opinions

1Opinion of the Court

Opinion of the Court

FLETCHER, Judge:

We are called upon in this case1 to consider whether this military judge had authority to order more than a day-for-day credit for illegal pretrial confinement. Cf. United States v. Occhi, 2 M.J. 60 (C.M.A. 1976). After careful consideration, we answer this question in the affirmative, inas*492much as United States v. Larner, 1 M.J. 371 (C.M.A.1976), is not an absolute remedial rule and the remedy there corresponded to the facts of that case. Moreover, we conclude that a convening authority cannot unilaterally ignore a military judge’s ruling, even when…

2Cases cited8 opinions

  1. Dettinger v. United StatesUnited States Court of Military Appeals · 1979
  2. United States v. LarnerUnited States Court of Military Appeals · 1976
  3. United States v. WareUnited States Court of Military Appeals · 1976
  4. United States v. NelsonUnited States Court of Military Appeals · 1969
  5. United States v. ReddingUnited States Court of Military Appeals · 1981

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3Cited by91 opinions

  1. United States v. SuzukiUnited States Court of Military Appeals · 1985
  2. United States v. CruzUnited States Court of Military Appeals · 1987
  3. United States v. InongCourt of Appeals for the Armed Forces · 2003
  4. United States v. MooreUnited States Court of Military Appeals · 1991
  5. United States v. SpaustatCourt of Appeals for the Armed Forces · 2002

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