Legal Opinion
United States v. Cunningham
Navy-Marine Corps Court of Criminal Appeals
Decided August 8, 1996No. NMCM 95 01031PublishedCited by 10 opinions
1Opinion of the Court
DeCICCO, Senior Judge:
The question presented in this case is whether the holding of a panel of this Court in United States v. Smith, 34 M.J. 894 (N.M.C.M.R.1992), finding plain error in the submission of a post-trial legal officer’s recommendation by an enlisted servicemember, should be overturned in light of the Supreme Court’s exposition of the meaning of plain error in United States v. Olano, 507 U.S. 725, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). In Olano, the Supreme Court discussed and more fully defined the concept of plain error under Fed.R.Crim.P. 52(b). We have concluded that Smith…
2Cases cited33 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. FradySupreme Court of the United States · 1982
- United States v. YoungSupreme Court of the United States · 1985
- United States v. AtkinsonSupreme Court of the United States · 1936
- United States v. FisherUnited States Court of Military Appeals · 1986
28 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. FinsterCourt of Appeals for the Armed Forces · 1999
- United States v. QuirozNavy-Marine Corps Court of Criminal Appeals · 2000
- United States v. WallaceNavy-Marine Corps Court of Criminal Appeals · 2003
- United States v. ThomasNavy-Marine Corps Court of Criminal Appeals · 2004
- United States v. GatlinNavy-Marine Corps Court of Criminal Appeals · 2004
5 more not listed; retrieve them via the Exa API.