Legal Opinion

United States v. Libecap

U S Coast Guard Court of Criminal Appeals

Decided August 30, 2002No. CGCMS 24214; Docket No. 1154PublishedCited by 14 opinions

1Opinion of the Court

BRUCE, Judge:

In this case, we must decide if a novel provision in a pretrial agreement is unenforceable because it is prohibited by Rule 705(c)(1), Rules for Courts-Martial (RCM), Manual for Courts-Martial, (2000 Ed.) (MCM) or it violates public policy.

Appellant was tried by a special court-martial, military judge alone. He was convicted in accordance with his pleas, made pursuant to a pretrial agreement, of three specifications of assault consummated by a battery on his wife, and one specification of assault on a sentinel in the execution of his duty, all in violation of Article 128, Uniform…

2Cases cited22 opinions

  1. United States v. GinnCourt of Appeals for the Armed Forces · 1997
  2. United States v. GreenUnited States Court of Military Appeals · 1976
  3. Ralph Henry Cooper v. United StatesCourt of Appeals for the Fourth Circuit · 1979
  4. United States v. CummingsUnited States Court of Military Appeals · 1968
  5. United States v. AllenUnited States Court of Military Appeals · 1957

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

3Cited by14 opinions

  1. United States v. BullaU S Coast Guard Court of Criminal Appeals · 2003
  2. United States v. SheehanUnited States Air Force Court of Criminal Appeals · 2005
  3. United States v. ThomasNavy-Marine Corps Court of Criminal Appeals · 2004
  4. United States v. HudsonU S Coast Guard Court of Criminal Appeals · 2003
  5. United States v. SunzeriNavy-Marine Corps Court of Criminal Appeals · 2004

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

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