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Legal Opinion

United States v. Davis

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

Decided March 14, 1979No. NCM 78 1720PublishedCited by 7 opinions

1Opinion of the Court

GLADIS, Judge:

The accused was convicted at a special court-martial bench trial of unauthorized absences of about 2 and 13 months, in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886. The sentence approved on review below consists of a bad-conduct discharge, confinement at hard labor for 50 days, and forfeiture of $125.00 per month for 2 months.

Finding that the accused was prejudiced by the failure of the military judge to advise him of his allocution rights, we are compelled to set aside the sentence. In order to provide guidance if a rehearing is held, we shall also…

2Cases cited9 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. United States v. BookerUnited States Court of Military Appeals · 1977
  4. United States v. HeflinUnited States Court of Military Appeals · 1975
  5. United States v. HawkinsUnited States Court of Military Appeals · 1976

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

3Cited by7 opinions

  1. United States v. ArvieU.S. Army Court of Military Review · 1979
  2. United States v. DoranU.S. Navy-Marine Corps Court of Military Review · 1979
  3. United States v. McLemoreU.S. Navy-Marine Corps Court of Military Review · 1980
  4. United States v. HowardU.S. Army Court of Military Review · 1979
  5. United States v. KuehlU.S. Navy-Marine Corps Court of Military Review · 1980

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

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