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Legal Opinion

United States v. Smith

United States Court of Military Appeals

Decided April 29, 1993No. 67,671; ACM S28574PublishedCited by 25 opinions

1Opinion of the Court

Opinion of the Court

GIERKE, Judge:

Before a special court-martial composed of officer members, appellant was charged with stealing a government computer system, in violation of Article 121, Uniform Code of Military Justice, 1.0 USC § 921. He pleaded guilty to the lesser included offense of wrongful appropriation, also in violation of Article 121, but was convicted as charged. The approved sentence provides for a bad-conduct discharge and reduction to the lowest enlisted grade.

We granted review of the following issue:

WHETHER THE MILITARY JUDGE ERRED BY FAILING TO INQUIRE INTO A POTENTIAL…

2Cases cited9 opinions

  1. Cuyler v. SullivanSupreme Court of the United States · 1980
  2. Burger v. KempSupreme Court of the United States · 1987
  3. United States v. DuBayUnited States Court of Military Appeals · 1967
  4. Guenter Mannhalt v. Amos E. ReedCourt of Appeals for the Ninth Circuit · 1988
  5. Jerry Lynn Young v. Robert Herring, Lee County SheriffCourt of Appeals for the Fifth Circuit · 1991

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3Cited by25 opinions

  1. United States v. MurphyCourt of Appeals for the Armed Forces · 1998
  2. United States v. CarterUnited States Court of Military Appeals · 1994
  3. United States v. PierceUnited States Court of Military Appeals · 1994
  4. United States v. HenryCourt of Appeals for the Armed Forces · 1995
  5. United States v. CalhounCourt of Appeals for the Armed Forces · 1998

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