Legal Opinion
United States v. Harvey
Court of Appeals for the Armed Forces
Decided September 22, 2006No. 04-0801/MCPublishedCited by 87 opinions
1Opinion of the Court
Chief Judge GIERKE
delivered the opinion of the Court.
This Court has repeatedly reaffirmed that the military judge is the “last sentinel” in the trial process to protect a court-martial from unlawful command influence.1 Here, the primary issue is whether the military judge properly performed his sentinel duties when confronted with some.unusual circumstances surrounding the convening authority being present in the courtroom during a portion of *15the court-martial. We hold that these trial developments raised the issue of unlawful command influence. The military judge failed to inquire adequately…
2Cases cited25 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- United States v. SalesUnited States Court of Military Appeals · 1986
- United States v. DuBayUnited States Court of Military Appeals · 1967
- United States v. MorenoCourt of Appeals for the Armed Forces · 2006
- Noyd v. BondSupreme Court of the United States · 1969
20 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- United States v. SalyerCourt of Appeals for the Armed Forces · 2013
- United States v. BoyceCourt of Appeals for the Armed Forces · 2017
- United States v. LeblancUnited States Air Force Court of Criminal Appeals · 2015
- United States v. DouglasCourt of Appeals for the Armed Forces · 2010
- United States v. BushCourt of Appeals for the Armed Forces · 2009
82 more not listed; retrieve them via the Exa API.