Legal Opinion · Concurring in part, dissenting in part

United States v. Key

Court of Appeals for the Armed Forces

Decided June 22, 2007No. 04-0216/AFPublished

1Concurring in part, dissenting in part

RYAN, Judge, with whom EFFRON, Chief Judge,

joins (concurring in part, and dissenting in part and in the result):

This Court ordered a post-trial hearing in accordance with United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967), to develop a factual record for use in determining whether Appellant was entitled to a new trial based on newly discovered evidence. United States v. Key, 61 M.J. 52 (C.A.A.F.2005). Appellant claimed that the evidence would show that a key Government witness, Staff Sergeant (SSgt) L, received post-trial incentive payments for her duties as an informant. The DuBay…

2Cases cited7 opinions

  1. Banks v. DretkeSupreme Court of the United States · 2004
  2. United States v. DuBayUnited States Court of Military Appeals · 1967
  3. United States v. GinnCourt of Appeals for the Armed Forces · 1997
  4. Gary Benn v. John Lambert, Superintendent of the Washington State PenitentiaryCourt of Appeals for the Ninth Circuit · 2002
  5. United States v. MurphyCourt of Appeals for the Armed Forces · 1998

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