Legal Opinion
MATTER OF BOOTH v. Clary
New York Court of Appeals
Decided May 12, 1994PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The District Attorney of Jefferson County appeals in two cases seeking to overturn the grant of writs of prohibition preventing his office from prosecuting serious crimes committed by two off-duty soldiers off military property. The petitioners soldiers were tried and convicted by a general court-martial for the identical conduct for which they were also indicted in Jefferson County. The issue in each case is whether a military tribunal is a court "of any jurisdiction within the United States” within the meaning of CPL 40.30 (1). If so, New York’s statutory…
2Cases cited15 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Benton v. MarylandSupreme Court of the United States · 1969
- Grady v. CorbinSupreme Court of the United States · 1990
- United States v. WheelerSupreme Court of the United States · 1978
- Bartkus v. IllinoisSupreme Court of the United States · 1959
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. VasquezNew York Court of Appeals · 1997
- United States v. Kenneth JohnsonCourt of Appeals for the Second Circuit · 1999
- MATTER OF POLITO v. WalshNew York Court of Appeals · 2007
- Northrup v. RelinAppellate Division of the Supreme Court of the State of New York · 1994
- People v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1996
9 more not listed; retrieve them via the Exa API.