Legal Opinion
McPhail v. United States
United States Court of Military Appeals
Decided August 27, 1976No. Miscellaneous Docket No. 75-22PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
COOK, Judge:
The Government contends that this Court has no authority to relieve the petitioner from the burdens of a conviction by a court-martial which could not, constitutionally, exercise jurisdiction over the offenses with which he was charged.
The charges against the accused were referred to a special court-martial to which Major P. B. Herron, a military judge, had been detailed. So constituted, the court-martial was authorized, in the event of conviction, to impose a punitive discharge. Article 19, Uniform Code of Military Justice, 10 U.S.C. § 819. On April 2, 1975,…
2Cases cited30 opinions
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- Parker v. LevySupreme Court of the United States · 1974
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
- Reid v. CovertSupreme Court of the United States · 1957
- Schlesinger v. CouncilmanSupreme Court of the United States · 1975
25 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Dettinger v. United StatesUnited States Court of Military Appeals · 1979
- Unger v. ZiemniakUnited States Court of Military Appeals · 1989
- United States v. DukesUnited States Court of Military Appeals · 1978
- United States v. BinghamUnited States Court of Military Appeals · 1977
- United States v. ReddingUnited States Court of Military Appeals · 1981
65 more not listed; retrieve them via the Exa API.