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Legal Opinion

United States v. Jackson

United States Court of Military Appeals

Decided January 2, 1976No. 30,162PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

FLETCHER, Chief Judge:

We granted review to determine whether the convening authority’s withdrawal of the accused’s case from a special court-martial prior to convening of the court and his subsequent referral of the charges to a general court-martial were justified. Although raised for the first time before the Navy Court of Military Review by affidavit, we do not consider waiver appropriate since the attack is essentially one of due process challenging the integrity of the court-martial process. United States v. Bouie, 9 U.S.C.M.A. 228, 232, 26 C.M.R. 8, 12 (1958); see…

2Cases cited7 opinions

  1. United States v. RodgersUnited States Court of Military Appeals · 1957
  2. United States v. CuttingUnited States Court of Military Appeals · 1964
  3. Petty v. Convening AuthorityUnited States Court of Military Appeals · 1971
  4. United States v. BouieUnited States Court of Military Appeals · 1958
  5. United States v. PhiferUnited States Court of Military Appeals · 1969

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

3Cited by12 opinions

  1. United States v. BlaylockUnited States Court of Military Appeals · 1983
  2. United States v. HardyUnited States Court of Military Appeals · 1977
  3. United States v. UnderwoodCourt of Appeals for the Armed Forces · 1999
  4. United States v. KokeU.S. Navy-Marine Corps Court of Military Review · 1991
  5. United States v. UnderwoodUnited States Air Force Court of Criminal Appeals · 1997

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

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