Legal Opinion · Concurrence

United States v. Gutierrez

United States Court of Military Appeals

Decided June 8, 1981No. 38,972; NCM 79 0681Published

1ConcurrenceEverett, Chief Judge

Since the defense made no objections, I find no error by the military judge in giving the instructions concerning the maximum punishment for each of the several offenses of which appellant was convicted. However, if there had been an objection, I would find error in furnishing such advice — although in a case like this, where the maximum punishment is not limited because of the jurisdiction of the court or because a rehearing is involved, I would be hard pressed to find prejudice.

Unlike its 1951 predecessor, the 1969 Manual for Courts-Martial states that:

The maximum punishment will be the…

2Cases cited5 opinions

  1. United States v. KeithUnited States Court of Military Appeals · 1952
  2. United States v. JonesUnited States Court of Military Appeals · 1959
  3. United States v. WhitacreUnited States Court of Military Appeals · 1961
  4. United States v. WitherspoonUnited States Court of Military Appeals · 1961
  5. United States v. PaceUnited States Court of Military Appeals · 1960

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