Legal Opinion

United States v. Killion

Court of Appeals for the Armed Forces

Decided April 19, 2016No. 15-0425/AFPublishedCited by 16 opinions

1Opinion of the Court

Judge RYAN

delivered the opinion of the Court.

Instructions given by a military judge “ ‘must be sufficient to provide necessary guideposts for an ‘informed deliberation’ on the guilt or innocence of the accused.’” United States v. Dearing, 63 M.J. 478, 479 (C.A.A.F.2006) (citation omitted); see also Rule for Courts-Martial (R.C.M.) 920(e)(1), (7). Words are considered provoking and a violation of Article 117, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 917 (2012), when, inter alia, “a reasonable person would expect [them] to induce a breach of the peace under the circumstances.”…

2Cases cited20 opinions

  1. 02 Micro International Ltd. v. Beyond Innovation Technology Co.Court of Appeals for the Federal Circuit · 2008
  2. United States v. MaxwellCourt of Appeals for the Armed Forces · 1996
  3. Vicki CROSS, Plaintiff-Appellee, v. Emanuel CLEAVER II, Et Al., Defendants-AppellantsCourt of Appeals for the Eighth Circuit · 1998
  4. United States v. KreutzerCourt of Appeals for the Armed Forces · 2005
  5. Jean Lang v. Texas & Pacific Railway Company and Missouri-Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1980

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

3Cited by16 opinions

  1. United States v. HillsCourt of Appeals for the Armed Forces · 2016
  2. United States v. ArmstrongCourt of Appeals for the Armed Forces · 2018
  3. United States v. ChristopherNavy-Marine Corps Court of Criminal Appeals · 2017
  4. United States v. ContrerasUnited States Air Force Court of Criminal Appeals · 2018
  5. United States v. EvansNavy-Marine Corps Court of Criminal Appeals · 2017

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

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