Legal Opinion · Concurring in part, dissenting in part

Dew v. United States

Army Court of Criminal Appeals

Decided April 23, 1998No. ARMY MISC. 9701700; ARMY 9500382Published

1Concurring in part, dissenting in part

JOHNSTON, Judge, with whom were Senior Judge GORDON, Judges SQUIRES, ECKER, and GONZALES,

concurring in part, dissenting in part, and commenting separately:

The court is unanimous in concurring in portions of the lead opinion: Part I, History of the Case, and Part II, Whether this Court has Jurisdiction. Six of us disagree in part, however, about the criteria to apply in determining whether petitioner is entitled to relief, and in granting relief. Because of the importance of the issues involved, we invite the United States Court of Appeals for the Armed Forces (formerly the Court of Military…

2Cases cited30 opinions

  1. United States v. MorganSupreme Court of the United States · 1954
  2. United States v. PraterUnited States Court of Military Appeals · 1991
  3. United States v. GarciaCourt of Appeals for the Armed Forces · 1996
  4. United States v. FrischholzUnited States Court of Military Appeals · 1966
  5. McPhail v. United StatesUnited States Court of Military Appeals · 1976

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