Legal Opinion · Concurrence

United States v. Browning

United States Court of Military Appeals

Decided September 27, 1989No. 60,602; ACM 26353Published

1ConcurrenceEverett, Chief Judge

As the lead opinion points out, “Whether an adjudication by one of the several states is a conviction is a matter of state law.” 29 MJ 174, 175 See United States v. Hughes, 26 MJ 119 (CMA 1988). A South Carolina statute provides that “entry of any plea of guilty, the forfeiture of any bail posted or the plea of nolo contendere for” driving “under the influence of intoxicating liquor, drugs or narcotics shall have the same effect as a conviction after trial” for certain purposes. South Carolina Code Annotated § 56-5-2960 (emphasis added). See also § 56-5-2970 (Reports to [State Highway]…

2Cases cited2 opinions

  1. Samuel v. MouzonCourt of Appeals of South Carolina · 1984
  2. United States v. HughesUnited States Court of Military Appeals · 1988

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