Legal Opinion
United States v. Bacon
United States Court of Military Appeals
Decided April 19, 1982No. 39,820; CM 438981PublishedCited by 42 opinions
1Opinion of the Court
Opinion of the Court
FLETCHER, Judge:
Appellant1 before us contends that the United States Army Court of Military Review improperly denied his petition for a new trial brought under Article 73, Uniform Code of Military Justice, 10 U.S.C. § 873. We granted review of the following issue:
WHETHER THE ARMY COURT OF MILITARY REVIEW ERRED IN DENYING THE APPELLANT’S PETITION FOR A NEW TRIAL SOLELY BECAUSE THAT COURT DETERMINED THAT A HYPOTHETICAL COURT-MARTIAL AT A NEW TRIAL WOULD DETERMINE THAT THE EVIDENCE OF RECORD WAS MORE CREDIBLE THAN THE CONFLICTING NEWLY DISCOVERED EXCULPATORY EVIDENCE.
After…
2Cases cited17 opinions
- United States v. Ben J. Slutsky and Julius S. Slutsky D/B/A "The Nevele,"Court of Appeals for the Second Circuit · 1975
- United States v. WaltersUnited States Court of Military Appeals · 1954
- United States v. MundyUnited States Court of Military Appeals · 1953
- Anton Vaughn Evalt v. United StatesCourt of Appeals for the Ninth Circuit · 1967
- Tyrus Fields Jones and Robert Wesley Princeler v. United StatesCourt of Appeals for the Fourth Circuit · 1960
12 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- United States v. HumpherysCourt of Appeals for the Armed Forces · 2002
- United States v. DykesUnited States Court of Military Appeals · 1993
- United States v. WilliamsUnited States Court of Military Appeals · 1993
- United States v. GiambraUnited States Court of Military Appeals · 1991
- United States v. LakeUnited States Court of Military Appeals · 1993
37 more not listed; retrieve them via the Exa API.