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Legal Opinion

United States v. White

United States Court of Military Appeals

Decided February 25, 1993No. 67,444; CM 9000765PublishedCited by 26 opinions

1Opinion of the Court

Opinion of the Court

COX, Judge:

We must decide whether trial counsel’s argument at sentencing exceeded the bounds of fair comment by mentioning facts not in evidence and, if so, whether the error warrants a rehearing on sentence. We conclude that the argument was improper; however, under the facts of this case, appellant is entitled to no relief.

I

Appellant was tried before a special court-martial composed of officer members at Fort McNair, Washington, D.C. Pursuant to his pleas, he was convicted of a single instance of wrongfully, using cocaine, in violation of Article 112a, Uniform Code of…

2Cases cited8 opinions

  1. Michelson v. United StatesSupreme Court of the United States · 1949
  2. United States v. FisherUnited States Court of Military Appeals · 1986
  3. United States v. CliftonUnited States Court of Military Appeals · 1983
  4. United States v. NelsonUnited States Court of Military Appeals · 1975
  5. United States v. KingUnited States Court of Military Appeals · 1960

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3Cited by26 opinions

  1. United States v. PaxtonCourt of Appeals for the Armed Forces · 2007
  2. United States v. MeeksUnited States Court of Military Appeals · 1994
  3. United States v. KropfUnited States Court of Military Appeals · 1994
  4. United States v. Robles-RamosCourt of Appeals for the Armed Forces · 1998
  5. United States v. StargellCourt of Appeals for the Armed Forces · 1998

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

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