Legal Opinion

United States v. Garrett

United States Court of Military Appeals

Decided September 8, 1987No. 52,635; NMCM 82 2670PublishedCited by 29 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Chief Judge:

In this appeal from a general court-martial conviction,1 appellant assails the fundamental fairness of his trial through the following two issues:2

I

WHETHER THE GOVERNMENT FAILED TO ESTABLISH A LEGITIMATE INDEPENDENT SOURCE FOR ITS EVIDENCE AND THAT TRIAL COUNSEL WAS NOT TAINTED BY KNOWLEDGE OF APPELLANT’S PRIOR IMMUNIZED TESTIMONY AS REQUIRED BY KASTIGAR V. UNITED STATES, 406 U.S. 441[, 92 S.Ct. 1653, 32 L.Ed.2d 212] (1972); AND UNITED STATES V. RIVERA, 1 M.J. 107 (C.M.A.1975).

II

WHETHER TRIAL COUNSEL DELIBERATELY AND IMPROPERLY *414BROUGHT TO THE ATTENTION…

2Cases cited21 opinions

  1. Kastigar v. United StatesSupreme Court of the United States · 1972
  2. Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
  3. Lakeside v. OregonSupreme Court of the United States · 1978
  4. Pillsbury Co. v. ConboySupreme Court of the United States · 1983
  5. United States v. LucasUnited States Court of Military Appeals · 1951

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3Cited by29 opinions

  1. United States v. MoranCourt of Appeals for the Armed Forces · 2007
  2. Alvin W. Dodson, Jr. v. Colonel Gordon N. Zelez, CommandantCourt of Appeals for the Tenth Circuit · 1990
  3. United States v. GarcesUnited States Court of Military Appeals · 1991
  4. United States v. JenkinsCourt of Appeals for the Armed Forces · 2000
  5. United States v. LovingU.S. Army Court of Military Review · 1992

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

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