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Legal Opinion

United States v. Cortes-Crespo

U.S. Army Court of Military Review

Decided April 23, 1980No. CM 434897PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT ON FURTHER REVIEW

MITCHELL, Senior Judge:

While appellant’s conviction for the premeditated murder of his Korean girlfriend in violation of Article 118, Uniform Code of Military Justice, 10 U.S.C. § 918, was originally pending before us, the United States Court of Military Appeals in its decision in United States v. Frederick, 3 M.J. 230 (C.M.A.1977) adopted the American Law Institute’s (ALI) definition of insanity.1 This Court set aside the findings and sentence after deciding that the trial court’s application of the rejected standard of mental responsibility presented a…

2Cases cited34 opinions

  1. Leland v. OregonSupreme Court of the United States · 1952
  2. M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971
  3. Durham v. United StatesCourt of Appeals for the D.C. Circuit · 1954
  4. United States v. Archie W. BrawnerCourt of Appeals for the D.C. Circuit · 1972
  5. Ernest McDonald v. United StatesCourt of Appeals for the D.C. Circuit · 1962

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3Cited by6 opinions

  1. United States v. BenedictU S Air Force Court of Military Review · 1985
  2. United States v. Cortes-CrespoUnited States Court of Military Appeals · 1982
  3. United States v. KraussU.S. Navy-Marine Corps Court of Military Review · 1985
  4. United States v. WalkerU.S. Army Court of Military Review · 1982
  5. United States v. HaywoodU.S. Army Court of Military Review · 1984

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