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Legal Opinion

United States v. Eller

United States Court of Military Appeals

Decided March 5, 1971No. 23,574PublishedCited by 10 opinions

1Opinion of the Court

Opinion of the Court

Ferguson, Judge:

In this case, as in United States v Rivera, 20 USCMA 6, 42 CMR 198 (1970), and United States v Boatner, 20 USCMA 376, 43 CMR 216 (1971), the staff judge advocate erred by failing to inform the convening authority, in the post-trial review, that Eller’s immediate commanding officer had recommended, prior to trial, that Eller not be eliminated from the service. Regarding the nature of the error, we said in Boatner:

“It is at the level of the convening authority that an accused has his best opportunity for relief because of the former’s broad powers which are…

2Cases cited9 opinions

  1. United States v. FieldsUnited States Court of Military Appeals · 1958
  2. United States v. MasseyUnited States Court of Military Appeals · 1955
  3. United States v. WilsonUnited States Court of Military Appeals · 1958
  4. United States v. GreenwaltUnited States Court of Military Appeals · 1955
  5. United States v. BoatnerUnited States Court of Military Appeals · 1971

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

3Cited by10 opinions

  1. United States v. KellerUnited States Court of Military Appeals · 1975
  2. United States v. WartsbaughUnited States Court of Military Appeals · 1972
  3. United States v. DixsonUnited States Court of Military Appeals · 1980
  4. United States v. MassingillUnited States Court of Military Appeals · 1972
  5. United States v. RingorU.S. Navy-Marine Corps Court of Military Review · 1977

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

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