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Legal Opinion

United States v. Martinez

United States Court of Military Appeals

Decided January 30, 1976No. 30,986PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

In the second post-trial review of the appellant’s court-martial, which was ordered by the Navy Court of Military Review due to deficiencies in the first review, the staff judge advocate’s advice to the convening authority completely reversed the burden relevant to determining the voluntariness of the appellant’s pretrial statement admitted into evidence at trial. The following excerpt from the review is critical:

The question of whether or not the statement was voluntarily given was litigated and the court must have found [in order to conclude that it was inadmissible],…

3Cases cited6 opinions

  1. United States v. FieldsUnited States Court of Military Appeals · 1958
  2. United States v. CruseUnited States Court of Military Appeals · 1972
  3. United States v. RiveraUnited States Court of Military Appeals · 1970
  4. United States v. JohnsonUnited States Court of Military Appeals · 1957
  5. United States v. MonahanUnited States Court of Military Appeals · 1975

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

4Cited by13 opinions

  1. United States v. HughesUnited States Air Force Court of Criminal Appeals · 1998
  2. United States v. IrvinUnited States Court of Military Appeals · 1986
  3. United States v. CurtisUnited States Court of Military Appeals · 1976
  4. United States v. ClevidenceU S Coast Guard Court of Military Review · 1981
  5. United States v. BerryU.S. Army Court of Military Review · 1977

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

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