Legal Opinion
United States v. Gutierrez
Court of Appeals for the Armed Forces
Decided May 27, 2008No. 08-5004/ARPublishedCited by 43 opinions
1Opinion of the Court
Judge STUCKY delivered the opinion of the Court.
The Judge Advocate General of the Army certified an issue to this Court under Article 67(a)(2), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 867(a)(2) (2000), asking whether the Army Court of Criminal Appeals erred in concluding that trial defense counsel was ineffective by waiving a mistake-of-fact instruction to an assault consummated by a battery as a lesser included offense to the charge of assault with the intent to commit rape. We hold that, even assuming trial defense counsel’s performance was objectively unreasonable, Appellee…
2Cases cited9 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. Dominguez BenitezSupreme Court of the United States · 2004
- United States v. KreutzerCourt of Appeals for the Armed Forces · 2005
- United States v. DavisCourt of Appeals for the Armed Forces · 2005
- United States v. PaxtonCourt of Appeals for the Armed Forces · 2007
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- United States v. DatavsCourt of Appeals for the Armed Forces · 2012
- United States v. RoseCourt of Appeals for the Armed Forces · 2012
- Loving v. United StatesCourt of Appeals for the Armed Forces · 2009
- Loving v. United StatesCourt of Appeals for the Armed Forces · 2009
- United States v. ArnoldUnited States Air Force Court of Criminal Appeals · 2018
38 more not listed; retrieve them via the Exa API.