Legal Opinion
Cunningham v. Gilevich
United States Court of Military Appeals
Decided September 30, 1992No. Misc. No. 92-38PublishedCited by 18 opinions
1Opinion of the Court
*95 Opinion of the Court
GIERKE, Judge:
Petitioners have asked this Court for extraordinary relief in the nature of Writs of Prohibition and Mandamus to prohibit their prosecution and order Marine Corps authorities to dismiss the charges against them, on the ground that their prosecution is barred by de facto grants of transactional immunity. As a result of the death of one Air Force participant and minor injuries to a second participant in a joint training exercise, caused by an MK3A2 concussion grenade, both Captain Cunningham and Captain Gehlke were charged with dereliction of duty,…
2Cases cited8 opinions
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953
- United States v. DuellSupreme Court of the United States · 1899
- Cooke v. OrserUnited States Court of Military Appeals · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. OliveroUnited States Court of Military Appeals · 1994
- United States v. MapesCourt of Appeals for the Armed Forces · 2003
- United States v. JonesCourt of Appeals for the Armed Forces · 1999
- Samples v. VestUnited States Court of Military Appeals · 1994
- United States v. YoungmanCourt of Appeals for the Armed Forces · 1998
13 more not listed; retrieve them via the Exa API.