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Legal Opinion

United States v. Eubank

U S Air Force Court of Military Review

Decided December 15, 1981No. ACM S25067PublishedCited by 10 opinions

1Opinion of the Court

OPINION UPON REMAND

MAHONEY, Judge:

This case is before us, upon remand from the Court of Military Appeals, to consider issues arising from the purported withdrawal of authentication of the record by the trial judge, due to alleged impropriety in the pre-referral processing.1 Having considered those issues, we find that the military judge lacked authority to withdraw his authentication of the record.2 We delay *755again affirming the findings and sentence for a period of thirty (30) days, however, to afford the accused the opportunity to petition this Court for a new trial if he believes a…

2Cases cited15 opinions

  1. United States v. Cruz-RijosUnited States Court of Military Appeals · 1976
  2. United States v. McCullahUnited States Court of Military Appeals · 1981
  3. United States v. OcchiUnited States Court of Military Appeals · 1976
  4. Dunbar v. FantSupreme Court of South Carolina · 1933
  5. United States v. CastlemanU S Air Force Court of Military Review · 1981

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

3Cited by10 opinions

  1. United States v. HernandezUnited States Court of Military Appeals · 1991
  2. United States v. WynnU S Air Force Court of Military Review · 1986
  3. United States v. ProctorU S Air Force Court of Military Review · 1992
  4. United States v. LongstreathArmy Court of Criminal Appeals · 1995
  5. United States v. SvobodaU S Air Force Court of Military Review · 1982

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

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