Legal Opinion

United States v. Jackson

United States Court of Military Appeals

Decided May 16, 1977No. 30,812; CM 432738PublishedCited by 70 opinions

1Opinion of the Court

Opinion of the Court

2Per curiam

Following our decision in United States v. Courtney, 1 M.J. 438 (1976), a number of questions aróse concerning its applicability to other cases pending appellate review at the time Courtney was decided. Crucial to many of the petitions now before this Court is whether Courtney should be given retroactive effect or, instead, should be applied only prospectively.

In Daniel v. Louisiana, 420 U.S. 31, 95 S.Ct. 704, 42 L.Ed.2d 790 (1975), the Supreme Court reiterated the factors set forth *102in Stovall v. Denno, 388 U.S. 293, 297, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967) for resolving…

3Cases cited18 opinions

  1. Stovall v. DennoSupreme Court of the United States · 1967
  2. Johnson v. New JerseySupreme Court of the United States · 1966
  3. Linkletter v. WalkerSupreme Court of the United States · 1965
  4. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  5. Desist v. United StatesSupreme Court of the United States · 1969

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4Cited by70 opinions

  1. United States v. EzellUnited States Court of Military Appeals · 1979
  2. United States v. RyanUnited States Court of Military Appeals · 1978
  3. United States v. MogliaUnited States Court of Military Appeals · 1977
  4. United States v. RiveraUnited States Court of Military Appeals · 1978
  5. United States v. CannonUnited States Court of Military Appeals · 1978

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