Legal Opinion · Dissent

United States v. Zarbatany

Court of Appeals for the Armed Forces

Decided July 6, 2011No. 11-0165/AFPublished

1Dissent

STUCKY, Judge,

with whom RYAN, Judge, joins (dissenting):

The majority remands this case to the United States Air Force Court of Criminal Appeals (CCA) to determine whether Appellant received meaningful relief for a violation of Article 13, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 813 (2006). Whether Appellant has received meaningful *178relief is a question of law, which this Court is as well suited to decide as the CCA. By simply addressing the crucial issue in this case of whether Appellant received meaningful relief, this Court need not reach other issues, namely, whether Rule for…

2Cases cited11 opinions

  1. United States v. LacyCourt of Appeals for the Armed Forces · 1999
  2. United States v. BaierCourt of Appeals for the Armed Forces · 2005
  3. United States v. SuzukiUnited States Court of Military Appeals · 1985
  4. United States v. HeardUnited States Court of Military Appeals · 1977
  5. United States v. NelsonUnited States Court of Military Appeals · 1969

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