Legal Opinion
United States v. Carter
Court of Appeals for the Armed Forces
Decided June 5, 2017No. 17-0079 and 17-0086/AFPublishedCited by 5 opinions
1Opinion of the Court
Judge RYAN
delivered the opinion of the Court.
Under Article 67(a)(2), Uniform Code of Military Justice (UCMJ), 10 ' U.S.C. § 867(a)(2) (2012), the Judge Advocate General of the Air Force (TJAG) certified the following issue:
Whether the Air Force Court of Criminal Appeals (AFCCÁ) erred by finding that the convening authority exceeded the scope of AFCCA’s remand when he referred Appellant’s ease to an “other” trial under R.C.M. 1107(e)(2) following AFC-CA’s original remand decision.
We answer the certified question in the negative. Article 66(d), UCMJ, presents a binary choice: a Court of…
2Cases cited5 opinions
- United States v. MoranCourt of Appeals for the Armed Forces · 2007
- United States v. MontesinosUnited States Court of Military Appeals · 1989
- United States v. OrtizCourt of Appeals for the Armed Forces · 2017
- EV v. United StatesCourt of Appeals for the Armed Forces · 2016
- United States v. AtchakCourt of Appeals for the Armed Forces · 2016
3Cited by5 opinions
- Sergeant THOMAS M. ADAMS v. Colonel J. HARPER COOKArmy Court of Criminal Appeals · 2018
- United States v. GonzalezCourt of Appeals for the Armed Forces · 2020
- United States v. QuickNavy-Marine Corps Court of Criminal Appeals · 2018
- United States v. Sergeant THOMAS M. ADAMSArmy Court of Criminal Appeals · 2020
- United States v. Specialist LUIS J. ALVINArmy Court of Criminal Appeals · 2017