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Legal Opinion

United States v. Taylor

U.S. Army Court of Military Review

Decided September 3, 1981No. SPCM 15697PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The issue presented by this case is whether the rule of United States v. Booker, 5 M.J. 238 (C.M.A.1977), vacated in part, 5 M.J. 246 (C.M.A.1973), is viable in light of United States v. Cofield, 11 M.J. 422 (C.M.A.1981) and United States v. Kuehl, 11 M.J. 126 (C.M.A.1981).

In Booker, the Court of Military Appeals established the requirement that the Government demonstrate that the accused was advised of his right to consult with counsel concerning the nature of a summary court and his right to refuse its jurisdiction before any record of conviction by that court could be…

3Cases cited12 opinions

  1. Estelle v. SmithSupreme Court of the United States · 1981
  2. Culombe v. ConnecticutSupreme Court of the United States · 1961
  3. Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
  4. United States v. BookerUnited States Court of Military Appeals · 1977
  5. United States v. MackUnited States Court of Military Appeals · 1980

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

4Cited by8 opinions

  1. United States v. WatsonU S Air Force Court of Military Review · 1982
  2. United States v. KahmannNavy-Marine Corps Court of Criminal Appeals · 2003
  3. United States v. McGaryU.S. Army Court of Military Review · 1981
  4. United States v. YanezUnited States Court of Military Appeals · 1983
  5. United States v. HancockU.S. Army Court of Military Review · 1981

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

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