Legal Opinion

United States v. Smith

Court of Appeals for the Armed Forces

Decided September 18, 1996No. 67671; CMR No. S28574PublishedCited by 13 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Senior Judge:

This special court-martial conviction at Wright-Patterson Air Force Base, Ohio, is before us for a second time. The first time— after the Court of Military Review (now Court of Criminal Appeals) had affirmed the approved findings (larceny of a computer system that was military property valued at over $100.00, see Art. 121, Uniform Code of Military Justice, 10 USC § 921) and sentence (bad-conduct discharge and reduction to the lowest enlisted grade) — we set aside the decision below and returned the record for a limited hearing to resolve an issue of…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Burger v. KempSupreme Court of the United States · 1987
  3. United States v. DuBayUnited States Court of Military Appeals · 1967
  4. United States v. ScottUnited States Court of Military Appeals · 1987
  5. United States v. SullivanCourt of Appeals for the Armed Forces · 1995

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3Cited by13 opinions

  1. United States v. CalhounCourt of Appeals for the Armed Forces · 1998
  2. United States v. DiazNavy-Marine Corps Court of Criminal Appeals · 2005
  3. United States v. HicksCourt of Appeals for the Armed Forces · 1999
  4. United States v. YoungArmy Court of Criminal Appeals · 1999
  5. United States v. OdomNavy-Marine Corps Court of Criminal Appeals · 2000

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