Legal Opinion
United States v. Dearing
Court of Appeals for the Armed Forces
Decided September 18, 2006No. 05-0405/NAPublishedCited by 34 opinions
1Opinion of the Court
Chief Judge GIERKE
delivered the opinion of the Court.
It is a “basic rule that instructions must be sufficient to provide necessary guideposts for an ‘informed deliberation’ on the guilt or innocence of the accused.”1 In this case, the pivotal issue is whether the military judge failed to provide a correct instruction pertaining to Appellant’s right to exercise self-defense. The prosecution evidence presented Appellant as the initial aggressor in a lethal altercation. But the defense evidence presented actions of members of a hostile group that arguably escalated the conflict, thereby…
2Cases cited40 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Barker v. WingoSupreme Court of the United States · 1972
- United States v. GrostefonUnited States Court of Military Appeals · 1982
- United States v. MorenoCourt of Appeals for the Armed Forces · 2006
- Toohey v. United StatesCourt of Appeals for the Armed Forces · 2004
35 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- United States v. LewisCourt of Appeals for the Armed Forces · 2007
- United States v. BushCourt of Appeals for the Armed Forces · 2009
- United States v. StanleyCourt of Appeals for the Armed Forces · 2012
- United States v. DavisCourt of Appeals for the Armed Forces · 2014
- United States v. KillionCourt of Appeals for the Armed Forces · 2016
29 more not listed; retrieve them via the Exa API.