Legal Opinion
United States v. Breese
United States Court of Military Appeals
Decided April 27, 1981No. Dkt. No. 38,351; ACM 22524PublishedCited by 61 opinions
1Opinion of the Court
Opinion of the Court
EVERETT, Chief Judge:
These two issues were granted review (9 M.J. 18) on this appeal:
I
Whether the military judge erred by failing to apprise the appellant, one of two co-accuseds represented by the same counsel, of his right to conflict-free counsel.
II
Whether the military judge erred by allowing trial counsel to argue, over defense objection, that the jury should draw adverse inferences from the appellant’s failure to testify under oath during sentencing.
We now have determined that both claims are without merit, and we affirm.
I
The pertinent facts concerning the first issue…
2Cases cited14 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Holloway v. ArkansasSupreme Court of the United States · 1978
- United States v. GarciaCourt of Appeals for the Fifth Circuit · 1975
- United States v. Harry BernsteinCourt of Appeals for the Second Circuit · 1976
9 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- United States v. MurphyCourt of Appeals for the Armed Forces · 1998
- United States v. MarshCourt of Appeals for the Armed Forces · 2011
- United States v. GrillCourt of Appeals for the Armed Forces · 1998
- United States v. RosatoUnited States Court of Military Appeals · 1991
- United States v. SmithUnited States Court of Military Appeals · 1993
56 more not listed; retrieve them via the Exa API.