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Legal Opinion

United States v. Malia

United States Court of Military Appeals

Decided November 27, 1978No. 33,159; CM 434174PublishedCited by 24 opinions

1Opinion of the Court

Opinion of the Court

FLETCHER, Chief Judge:

Appellant stands convicted, contrary to his pleas, of aggravated assault, obstructing justice, and communicating a threat, in violation of Articles 128 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 928 and 934, respectively.

Four days after appellant’s brigade commander ordered him into confinement, the military magistrate examined the propriety of this action. He immediately determined that there was a dispute over whether the appellant had threatened the alleged victim to deter him from testifying as a witness at another trial. Therefore,…

2Cases cited11 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. Frisbie v. CollinsSupreme Court of the United States · 1952
  3. Ker v. IllinoisSupreme Court of the United States · 1886
  4. United States v. McOmberUnited States Court of Military Appeals · 1976
  5. Courtney v. WilliamsUnited States Court of Military Appeals · 1976

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

3Cited by24 opinions

  1. United States v. LynchUnited States Court of Military Appeals · 1982
  2. United States v. RexroatUnited States Court of Military Appeals · 1993
  3. United States v. PettersenU.S. Navy-Marine Corps Court of Military Review · 1982
  4. United States v. HaglerU.S. Navy-Marine Corps Court of Military Review · 1979
  5. United States v. MahoneyU S Air Force Court of Military Review · 1992

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

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