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Legal Opinion

United States v. Penister

United States Court of Military Appeals

Decided September 30, 1987No. 54,943; NMCM 85 3684PublishedCited by 82 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Chief Judge:

A general court-martial consisting of a military judge alone tried the accused at Long Beach, California, on a charge that on February 8, 1985, he assaulted a fellow sailor with a loaded firearm and intentionally inflicted grievous bodily harm upon him, in violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928. Pursuant to his guilty pleas, Penister was convicted of the lesser-included offense of assault with a dangerous weapon, and the judge sentenced him to a bad-conduct discharge, confinement for 12 months, forfeiture of $300.00…

2Cases cited10 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. United States v. ByrdUnited States Court of Military Appeals · 1987
  3. United States v. BlaylockUnited States Court of Military Appeals · 1983
  4. United States v. MogliaUnited States Court of Military Appeals · 1977
  5. Shepardson v. RobertsUnited States Court of Military Appeals · 1983

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3Cited by82 opinions

  1. United States v. GarciaCourt of Appeals for the Armed Forces · 1996
  2. United States v. HigginsUnited States Court of Military Appeals · 1994
  3. United States v. ClarkUnited States Court of Military Appeals · 1989
  4. United States v. GoodmanCourt of Appeals for the Armed Forces · 2011
  5. United States v. VillarealCourt of Appeals for the Armed Forces · 1999

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