Legal Opinion · Dissent

United States v. Anderson

United States Court of Military Appeals

Decided January 18, 1982No. 39,604; NCM 79 1931Published

1DissentCook, Judge

The majority propose to overrule 30 years of military practice based on a concept that is not applicable to military law, in a case where the basic factual issue has been mooted, with a procedure which may only exacerbate the problem.

In United States v. Galloway, 2 U.S.C.M.A. 433, 9 C.M.R. 63 (1953), this Court enunciated the rule that correction of the record of trial by the parties having the responsibility to authenticate the record would be conclusive in the absence of a charge that the correction deliberately and intentionally falsified the record. In that ease, the record, as prepared…

2Cases cited19 opinions

  1. United States v. TempiaUnited States Court of Military Appeals · 1967
  2. United States v. LucasUnited States Court of Military Appeals · 1951
  3. United States v. Cruz-RijosUnited States Court of Military Appeals · 1976
  4. United States v. AlbrightUnited States Court of Military Appeals · 1958
  5. Frank Kennedy v. Curtis Reid, Superintendent, District of Columbia JailCourt of Appeals for the D.C. Circuit · 1957

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