Legal Opinion
United States v. Austin
U.S. Army Court of Military Review
Decided November 6, 1985No. Miscellaneous Docket No. 1985/15Published
1Opinion of the Court
*563OPINION OF THE COURT
WILLIAMS, Judge:
Pursuant to Article 62 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 862, and in accordance with Rule for Courts-Martial (RCM) 908, Manual for Courts-Martial, United States, 1984, the government appeals the decision of the military judge suppressing evidence derived from a test of the urine of Specialist Five (SP5) Austin.
On 2 August 1985, the military judge conducted a pretrial Article 39(a), UCMJ, 10 U.S.C. § 839(a), session. The purpose of the pretrial hearing was to litigate a suppression motion made by appellee. The appellee asserted the…
2Cases cited21 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- United States v. Ernest T. PageCourt of Appeals for the Ninth Circuit · 1962
- United States v. MiddletonUnited States Court of Military Appeals · 1981
- Cleo Syrup Corporation v. Coca-Cola Co.Court of Appeals for the Eighth Circuit · 1943
- United States v. AlbrightUnited States Court of Military Appeals · 1958
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