Legal Opinion

United States v. McDonagh

United States Court of Military Appeals

Decided January 17, 1983No. 40,609; CM 439377PublishedCited by 33 opinions

1Opinion of the Court

Opinion

EVERETT, Chief Judge:

At his trial by general court-martial for various offenses involving the sale and transfer of cocaine, in violation of Articles 81 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 881 and 934, respectively, appellant contested the court’s in personam jurisdiction. He claimed that he was not subject to the Code because his enlistment was void, having been accomplished with the fraudulent assistance of the recruiter. Cf. United States v. Russo, 1 M.J. 134 (C.M.A.1975).

*416After trial commenced, Congress passed legislation amending1 Article 2 of the Uniform Code,…

2Cases cited30 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. Weaver v. GrahamSupreme Court of the United States · 1981
  3. Marks v. United StatesSupreme Court of the United States · 1977
  4. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  5. Calder v. BullSupreme Court of the United States · 1798

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3Cited by33 opinions

  1. United States v. MatthewsUnited States Court of Military Appeals · 1983
  2. United States v. AvilaUnited States Court of Military Appeals · 1988
  3. United States v. MoritaCourt of Appeals for the Armed Forces · 2015
  4. United States v. MarshUnited States Court of Military Appeals · 1983
  5. Woodrick v. DivichUnited States Court of Military Appeals · 1987

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

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