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Legal Opinion

United States v. Schalck

United States Court of Military Appeals

Decided January 24, 1964No. 17,020PublishedCited by 35 opinions

1Opinion of the Court

Opinion of the Court

Kilday, Judge:

Upon a plea of guilty to two specifications of being absent without leave and one specification of willful disobedience of a lawful order of a superior officer, the accused was sentenced to a bad-conduct discharge, total forfeitures, and confinement at hard labor for two years. The findings and sentence were approved by the convening authority.

Before the board of review, Schalck, for the first time, asserted he was denied his right to military due process, by reason of the fact that he was confined for a period of ninety-six days during which time no charges…

2Cases cited10 opinions

  1. United States v. Jack A. LustmanCourt of Appeals for the Second Circuit · 1958
  2. United States v. LucasUnited States Court of Military Appeals · 1951
  3. United States v. ClayUnited States Court of Military Appeals · 1951
  4. United States v. SturmCourt of Appeals for the Seventh Circuit · 1950
  5. United States v. HounshellUnited States Court of Military Appeals · 1956

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

3Cited by35 opinions

  1. United States v. DuBayUnited States Court of Military Appeals · 1967
  2. United States v. TibbsUnited States Court of Military Appeals · 1965
  3. United States v. MizgalaCourt of Appeals for the Armed Forces · 2005
  4. United States v. CummingsUnited States Court of Military Appeals · 1968
  5. United States v. JohnsonUnited States Court of Military Appeals · 1964

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

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