Legal Opinion

Dettinger v. United States

United States Court of Military Appeals

Decided August 13, 1979No. Miscellaneous Docket No. 78-74; CMR No. 78-3; Miscellaneous Docket No. 78-75; CMR No. 78-4PublishedCited by 110 opinions

1Opinion of the Court

Opinion of the Court

COOK, Judge:

These proceedings raise important questions as to the right of the Government to obtain relief from an alleged unlawful and arbitrary ruling by a trial judge that purportedly frustrates the Government’s enforcement of the military criminal law.

In each instance,1 on defense motion before entry of plea, the trial judge dismissed charges against the petitioner that had been referred to a general court-martial for trial.2 Thereafter, by Petitions for Writ of Mandamus, the Government applied to the Air Force Court of Military Review for relief from the trial…

2Cases cited32 opinions

  1. United States v. United States District Court for the Eastern District of MichiganSupreme Court of the United States · 1972
  2. Schlagenhauf v. HolderSupreme Court of the United States · 1965
  3. Will v. United StatesSupreme Court of the United States · 1967
  4. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  5. La Buy v. Howes Leather Co.Supreme Court of the United States · 1957

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3Cited by110 opinions

  1. United States v. WeissUnited States Court of Military Appeals · 1992
  2. United States v. SuzukiUnited States Court of Military Appeals · 1983
  3. Denedo v. United StatesCourt of Appeals for the Armed Forces · 2008
  4. United States v. Lopez de VictoriaCourt of Appeals for the Armed Forces · 2008
  5. United States v. MontesinosUnited States Court of Military Appeals · 1989

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