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Legal Opinion

United States v. Mobley

U S Air Force Court of Military Review

Decided December 19, 1991No. ACM 26528 (f rev)PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT UPON FURTHER REVIEW

RIVES, Judge:

At the conclusion of a 3-week murder case, the trial counsel delivered an eloquent and persuasive findings argument. No objection was lodged until after the argument, when the defense moved for a mistrial. The defense counsel urged that the trial counsel had made numerous inappropriate comments that encouraged the members to speculate about the appellant’s failure to testify. While we find the trial counsel’s argument was improper, we hold that the error was harmless beyond a reasonable doubt.

The United States Court of Military Appeals, 31…

2Cases cited31 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Griffin v. CaliforniaSupreme Court of the United States · 1965
  4. United States v. YoungSupreme Court of the United States · 1985
  5. United States v. HastingSupreme Court of the United States · 1983

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3Cited by7 opinions

  1. United States v. StephensCourt of Appeals for the Armed Forces · 2009
  2. United States v. SidwellCourt of Appeals for the Armed Forces · 1999
  3. United States v. AbdirahmanNavy-Marine Corps Court of Criminal Appeals · 2008
  4. United States v. EarnestyU S Air Force Court of Military Review · 1992
  5. United States v. DennisU.S. Navy-Marine Corps Court of Military Review · 1993

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