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Legal Opinion

United States v. Gardner

United States Court of Military Appeals

Decided September 30, 1994No. 93-0410; CMR No. 9101699PublishedCited by 7 opinions

1Opinion of the Court

Opinion of the Court

WISS, Judge:

Appellant was tried by a special court-martial composed of officer and enlisted members at Kaiserslautern, Germany, between April and July 1991. Contrary to his pleas, he was found guilty of dereliction of duty by willfully not providing a urine specimen, in violation of Article 92, Uniform Code of Military Justice, 10 USC §§ 892. He was sentenced to a bad-conduct discharge. On November 7, 1991, the convening authority approved the sentence as adjudged. The Court of Military Review affirmed. 36 MJ 543 (1992).

This Court granted review on the following issue:

WHETH…

2Cases cited10 opinions

  1. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  2. National Treasury Employees Union v. Von RaabSupreme Court of the United States · 1989
  3. Murray v. HaldemanUnited States Court of Military Appeals · 1983
  4. United States v. BickelUnited States Court of Military Appeals · 1990
  5. Unger v. ZiemniakUnited States Court of Military Appeals · 1989

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3Cited by7 opinions

  1. United States v. JacksonCourt of Appeals for the Armed Forces · 1998
  2. United States v. ShoverCourt of Appeals for the Armed Forces · 1996
  3. United States v. ShoverUnited States Air Force Court of Criminal Appeals · 1995
  4. United States v. MooreNavy-Marine Corps Court of Criminal Appeals · 1995
  5. United States v. AyalaCourt of Appeals for the Armed Forces · 2010

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