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Legal Opinion

United States v. Marshall

Court of Appeals for the Armed Forces

Decided June 18, 2009No. 08-0779/ARPublishedCited by 26 opinions

1Opinion of the Court

Judge STUCKY

delivered the opinion of the Court.

Appellant pled not guilty to escaping from the custody of Captain (CPT) Kreitman but was convicted, by exceptions and substitutions, of escaping from the custody of Staff *419Sergeant (SSG) Fleming. We granted review to consider whether the military judge’s findings created a fatal variance. We hold that it did. We reverse the decision of the United States Army Court of Criminal Appeals and remand for sentence reassessment.

I.Background

A military judge sitting as a special court-martial convicted Appellant, in accordance with his pleas, of one…

2Cases cited12 opinions

  1. United States v. FradySupreme Court of the United States · 1982
  2. Dunn v. United StatesSupreme Court of the United States · 1979
  3. United States v. GladueCourt of Appeals for the Armed Forces · 2009
  4. United States v. TeffeauCourt of Appeals for the Armed Forces · 2003
  5. United States v. LeeUnited States Court of Military Appeals · 1975

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

3Cited by26 opinions

  1. United States v. GirouardCourt of Appeals for the Armed Forces · 2011
  2. United States v. LubaskyCourt of Appeals for the Armed Forces · 2010
  3. United States v. McMurrinCourt of Appeals for the Armed Forces · 2011
  4. United States v. TreatCourt of Appeals for the Armed Forces · 2014
  5. United States v. UsecheNavy-Marine Corps Court of Criminal Appeals · 2012

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

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