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Legal Opinion

United States v. Cherry

United States Court of Military Appeals

Decided December 6, 1982No. 40,047; SPCM 14212PublishedCited by 10 opinions

1Opinion of the Court

Opinion of the Court

2Per curiam

The Court granted review of three issues in this case:

I

THE MILITARY PANEL WHICH TRIED THE APPELLANT WAS IMPROPERLY CONSTITUTED.

II

THE MILITARY JUDGE ERRED IN GIVING THE STANDARD “REASONABLE DOUBT” INSTRUCTION CONTAINED IN THE MILITARY JUDGES’ GUIDE RATHER THAN THE INSTRUCTION PROPOSED BY THE DEFENSE (APPELLATE EXHIBIT IV).

III

THE MILITARY JUDGE ERRED IN REFUSING TO GIVE A SELF-DEFENSE INSTRUCTION ON CHARGE II, SPECIFICATION I (ASSAULT).

Our answer to the second granted issue is determinative in this case and requires reversal of the decision of the United States Army Court of…

3Cases cited6 opinions

  1. Taylor v. KentuckySupreme Court of the United States · 1978
  2. United States v. SalleyUnited States Court of Military Appeals · 1980
  3. United States v. CottenUnited States Court of Military Appeals · 1981
  4. United States v. CrumbU.S. Army Court of Military Review · 1980
  5. United States v. BrooksUnited States Court of Military Appeals · 1981

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

4Cited by10 opinions

  1. United States v. WithamCourt of Appeals for the Armed Forces · 1997
  2. United States v. MarshUnited States Court of Military Appeals · 1986
  3. United States v. JamisonU.S. Army Court of Military Review · 1984
  4. United States v. BeltranU.S. Navy-Marine Corps Court of Military Review · 1983
  5. United States v. SmithU.S. Army Court of Military Review · 1984

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

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