Legal Opinion

United States v. Cruz

United States Court of Military Appeals

Decided August 7, 1978No. 34,480; ACM 22108PublishedCited by 10 opinions

1Opinion of the Court

Opinion of the Court

FLETCHER, Chief Judge:

A general court-martial convicted1 the appellant of six specifications of possession and sale of controlled substances charged under Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. We granted review to examine three issues:

I. WHETHER THE COURT-MARTIAL LACKED JURISDICTION TO TRY APPELLANT FOR THE OFF-BASE SALES OF MARIHUANA ALLEGED IN SPECIFICATIONS 1 AND 5 OF THE CHARGE.

II. WHETHER THE MILITARY JUDGE ERRED IN DENYING THE DEFENSE MOTION TO REOPEN THE ARTICLE 32 INVESTIGATION AND TO REQUIRE THE PRESENCE OF THE GOVERNMENT WITNESS, A1C…

2Cases cited13 opinions

  1. United States v. GoodeUnited States Court of Military Appeals · 1975
  2. Relford v. Commandant, US Disciplinary Barracks, Fort LeavenworthSupreme Court of the United States · 1971
  3. United States v. PaleniusUnited States Court of Military Appeals · 1977
  4. United States v. McCarthyUnited States Court of Military Appeals · 1976
  5. United States v. AlefUnited States Court of Military Appeals · 1977

8 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. United States v. MyersU S Air Force Court of Military Review · 1982
  2. United States v. BabcockUnited States Court of Military Appeals · 1982
  3. United States v. ThomasU.S. Army Court of Military Review · 1979
  4. United States v. BlakeU.S. Navy-Marine Corps Court of Military Review · 1978
  5. United States v. TatumU S Coast Guard Court of Military Review · 1984

5 more not listed; retrieve them via the Exa API.

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