Legal Opinion · Dissent

United States v. Boles

United States Court of Military Appeals

Decided June 15, 1981No. 38,418; ACM S24825Published

1DissentCook, Judge

At the outset, I disavow the majority’s projection of a purpose on the part of the commander who initiated the challenged unfavorable information to exert improper command influence upon the court members. As to the merits of the issue before us, I am certain that the unfavorable information was filed in strict conformity with the regulation on the subject and the use made of it at accused’s trial comported with the prescribed rules for the admission of such matter for sentence consideration.

Prosecution exhibit 4 is comprised of two letters of reprimand; one was rendered in May and the other…

2Cases cited16 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. WheelerSupreme Court of the United States · 1978
  3. O'Callahan v. ParkerSupreme Court of the United States · 1969
  4. United States v. GoodeUnited States Court of Military Appeals · 1975
  5. United States v. McCarthyUnited States Court of Military Appeals · 1976

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