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Legal Opinion

United States v. Booker

United States Court of Military Appeals

Decided July 17, 1978No. 33,002; NCM 76-1088PublishedCited by 30 opinions

1Opinion of the Court

Opinion of the Court

COOK, Judge:

We granted reconsideration of that part of an earlier opinion which limited summary court-martial subject-matter jurisdiction “solely . . . [to] minor military offenses unknown in the civilian society.” United States v. Booker, 5 M.J. 238, 242 (C.M.A.1977). We now conclude the limitation is not required by the Constitution or by any explication thereof by the United States Supreme Court and is contrary to a valid provision of the Uniform Code of Military Justice. Accordingly, we rescind the ruling and reaffirm that “with the exception of capital crimes, nothing…

2Cases cited7 opinions

  1. Middendorf v. HenrySupreme Court of the United States · 1976
  2. Relford v. Commandant, US Disciplinary Barracks, Fort LeavenworthSupreme Court of the United States · 1971
  3. United States v. McCarthyUnited States Court of Military Appeals · 1976
  4. United States v. BookerUnited States Court of Military Appeals · 1977
  5. McPhail v. United StatesUnited States Court of Military Appeals · 1976

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

3Cited by30 opinions

  1. United States v. EzellUnited States Court of Military Appeals · 1979
  2. United States v. MackUnited States Court of Military Appeals · 1980
  3. Zellers v. United StatesDistrict of Columbia Court of Appeals · 1996
  4. United States v. RiveraU.S. Navy-Marine Corps Court of Military Review · 1978
  5. Wales v. United StatesUnited States Court of Claims · 1988

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

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