Legal Opinion · Concurrence

United States v. Mabe

U.S. Navy-Marine Corps Court of Military Review

Decided May 14, 1990No. NMCM 88 4053RPublished

1ConcurrenceFreyer, Judge

The Court has concluded that Chief Judge Garvin’s memorandum to Circuit Judge Henderson (herein referred to as the “Henderson memorandum”) subjected each of the judges of the Transatlantic Judicial Circuit, as well as the visiting judge who presided over this case, to unlawful command influence. Its conclusion differs from that reached by Colonel Mitchell, whom the Court characterizes as “the sole designee to a Judicial Commission appointed by the Judge Advocate General to investigate this matter,” who opined that Chief Judge Garvin had not violated Article 37 nor any other article of the…

2Cases cited17 opinions

  1. United States v. TempiaUnited States Court of Military Appeals · 1967
  2. United States v. MamaluyUnited States Court of Military Appeals · 1959
  3. United States v. BallardUnited States Court of Military Appeals · 1985
  4. United States v. LedbetterUnited States Court of Military Appeals · 1976
  5. United States v. LittriceUnited States Court of Military Appeals · 1953

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