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Legal Opinion

United States v. Hornback

Court of Appeals for the Armed Forces

Decided March 6, 2014No. 13-0442/MCPublishedCited by 44 opinions

1Opinion of the Court

Judge STUCKY

delivered the opinion of the Court.

We granted review to consider whether trial counsel’s conduct constituted prosecuto-rial misconduct, and if so, whether Appellant’s substantial right to a fair trial was materially prejudiced. We hold that significant prosecutorial misconduct occurred, but that the error was ultimately not prejudicial. We therefore affirm the judgment of the United States Navy-Marine Corps Court of Criminal Appeals.

I. Posture of the Case

Contrary to his pleas, Appellant was convicted by a panel of members sitting as a special court-martial of one specification…

2Cases cited6 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. United States v. FletcherCourt of Appeals for the Armed Forces · 2005
  3. United States v. MeekCourt of Appeals for the Armed Forces · 1996
  4. United States v. Tom Crutchfield, Penny CrutchfieldCourt of Appeals for the Eleventh Circuit · 1994
  5. Beck v. United StatesCourt of Appeals for the Eighth Circuit · 1929

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

3Cited by44 opinions

  1. United States v. SewellCourt of Appeals for the Armed Forces · 2017
  2. United States v. PabelonaCourt of Appeals for the Armed Forces · 2017
  3. United States v. McFaddenCourt of Appeals for the Armed Forces · 2015
  4. United States v. BassNavy-Marine Corps Court of Criminal Appeals · 2015
  5. United States v. BowserUnited States Air Force Court of Criminal Appeals · 2014

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

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