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Legal Opinion

United States v. Gamble

United States Court of Military Appeals

Decided December 6, 1988No. 54,258; CM 445349PublishedCited by 45 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Chief Judge:

At Lieutenant Gamble’s general court-martial before members for rape, forcible sodomy, and conduct unbecoming an offi*299cer by wrongfully having sexual intercourse with a soldier’s fiancée,1 the adversarial spotlight quite clearly focused on the question: Did she consent? To prove lack of consent, the prosecution successfully sought to introduce testimony regarding a prior act of uncharged sexual misconduct by Gamble. In so doing, it raised evidentiary issues now before us for review. Also, the defense claims that the military judge erred in not…

2Cases cited20 opinions

  1. Luce v. United StatesSupreme Court of the United States · 1984
  2. United States v. Orange Jell BeechumCourt of Appeals for the Fifth Circuit · 1978
  3. Lovely v. United StatesCourt of Appeals for the Fourth Circuit · 1948
  4. People v. TassellCalifornia Supreme Court · 1984
  5. Thompson v. United StatesDistrict of Columbia Court of Appeals · 1988

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

3Cited by45 opinions

  1. United States v. ReynoldsUnited States Court of Military Appeals · 1989
  2. United States v. FosterUnited States Court of Military Appeals · 1994
  3. United States v. CastilloUnited States Court of Military Appeals · 1989
  4. United States v. GiambraUnited States Court of Military Appeals · 1991
  5. United States v. HayeUnited States Court of Military Appeals · 1989

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

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