Legal Opinion

United States v. McCarthy

United States Court of Military Appeals

Decided September 30, 1993No. 67,883; CMR No. 9001933PublishedCited by 20 opinions

1Opinion of the Court

Opinion of the Court

GIERKE, Judge:

A military judge sitting as a general court-martial convicted appellant, contrary to his pleas, of burglary, assault consummated by a battery, and violation of a general regulation by wrongfully possessing a hand grenade simulator in his military dormitory, in violation of Articles 129,128, and 92, Uniform Code of Military Justice, 10 USC §§ 929, 928, and 892, respectively. The approved sentence provides for a dishonorable discharge, confinement for 8 years, total forfeitures, and reduction to the lowest enlisted grade. The Court of Military Review affirmed…

2Cases cited34 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Rakas v. IllinoisSupreme Court of the United States · 1979
  3. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  4. Smith v. MarylandSupreme Court of the United States · 1979
  5. United States v. WatsonSupreme Court of the United States · 1975

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3Cited by20 opinions

  1. United States v. MarcumCourt of Appeals for the Armed Forces · 2004
  2. United States v. ConklinCourt of Appeals for the Armed Forces · 2006
  3. United States v. NietoCourt of Appeals for the Armed Forces · 2017
  4. Castro v. State, Texas Court of Appeals, 4th District (San Antonio)1995
  5. United States v. TaylorUnited States Court of Military Appeals · 1994

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