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Legal Opinion

United States v. Marsh

United States Court of Military Appeals

Decided August 21, 1970No. 22,750PublishedCited by 6 opinions

1Opinion of the Court

*43Opinion of the Court

Quinn, Chief Judge:

This appeal challenges the validity of the post-trial review. The accused contends he was prejudiced as to the sentence because that part of the review was predicated upon a “Post-Trial Clemency Report” prepared by an assistant staff judge advocate, Captain Stephen A. Warren, who had previously acted as the Article 32 investigating officer in the case.

On its face, Captain Warren’s report is eminently favorable to the accused. In a section of the report captioned “Impressions and Recommendations,” he evaluated the accused in strictly personal terms.…

2Cases cited6 opinions

  1. United States v. DeainUnited States Court of Military Appeals · 1954
  2. United States v. CoulterUnited States Court of Military Appeals · 1954
  3. United States v. CrunkUnited States Court of Military Appeals · 1954
  4. United States v. BoundUnited States Court of Military Appeals · 1952
  5. United States v. HightowerUnited States Court of Military Appeals · 1955

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3Cited by6 opinions

  1. United States v. StirewaltCourt of Appeals for the Armed Forces · 2004
  2. United States v. KempU.S. Army Court of Military Review · 1979
  3. United States v. JolliffUnited States Court of Military Appeals · 1973
  4. United States v. MarklandU S Air Force Court of Military Review · 1977
  5. United States v. GrinterU S Air Force Court of Military Review · 1989

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

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