Legal Opinion

United States v. Flores-Galarza

U.S. Navy-Marine Corps Court of Military Review

Decided September 2, 1994No. NMCM No. 9400948PublishedCited by 11 opinions

1Opinion of the Court

MOLLISON, Senior Judge:

The principal issue in this interlocutory appeal by the Government is whether the Government preserved its right of appeal by providing the military judge with timely notice of appeal, as required by Article 62, Uniform Code of Military Justice [UCMJ], 10 U.S.C. § 862 (1988), and Rule for Courts-Martial [R.C.M.] 908, Manual for Courts-*902Martial, United States, 1984. We conclude the Government failed to preserve its right of appeal, and we are, therefore, precluded from considering the appeal on its merits.

Background

The facts are not in dispute. On 8 July-1993, the…

2Cases cited44 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  3. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  4. United States v. IbarraSupreme Court of the United States · 1991
  5. Solorio v. United StatesSupreme Court of the United States · 1987

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3Cited by11 opinions

  1. United States v. DoucetNavy-Marine Corps Court of Criminal Appeals · 1995
  2. United States v. NealNavy-Marine Corps Court of Criminal Appeals · 2009
  3. United States v. SwanNavy-Marine Corps Court of Criminal Appeals · 1996
  4. United States v. SantiagoNavy-Marine Corps Court of Criminal Appeals · 2001
  5. United States v. Al-NashiriUnited States Court of Military Commission Review · 2014

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