Legal Opinion
United States v. Fling
U S Air Force Court of Military Review
Decided September 13, 1994No. Misc. Dkt. No. 94-08PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
YOUNG, Judge:
Our original opinion, dated 25 August 1994, was unpublished. It is hereby reissued as a published opinion.
In a preliminary hearing, Article 39(a), UCMJ, 10 U.S.C. § 839 (1988), the military judge suppressed the testimony of four prosecution witnesses. The United States has filed a timely appeal of those rulings. Article 62, UCMJ, 10 U.S.C. § 862 (1988). We conclude that the military judge erred in part and reverse.
I. Article 62, UCMJ, and the Standard of Review
The United States may appeal a ruling of the military judge which “terminates the proceedings with…
2Cases cited27 opinions
- Ohio v. RobertsSupreme Court of the United States · 1980
- Bourjaily v. United StatesSupreme Court of the United States · 1987
- Idaho v. WrightSupreme Court of the United States · 1990
- White v. IllinoisSupreme Court of the United States · 1992
- United States v. John Louis Iron Shell, Jr.Court of Appeals for the Eighth Circuit · 1980
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3Cited by6 opinions
- United States v. HughesUnited States Air Force Court of Criminal Appeals · 1998
- United States v. UretaUnited States Air Force Court of Criminal Appeals · 1994
- United States v. SirokyUnited States Air Force Court of Criminal Appeals · 1995
- United States v. HarrisUnited States Air Force Court of Criminal Appeals · 2009
- United States v. HenryArmy Court of Criminal Appeals · 1995
1 more not listed; retrieve them via the Exa API.