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Legal Opinion

United States v. Cook

United States Court of Military Appeals

Decided January 5, 1981No. 38686/AF; CMR 24765/SPublishedCited by 12 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Chief Judge.

We granted review to determine whether a state court criminal record was properly introduced into evidence for sentencing purposes.

During the presentencing phase of the appellant’s court-martial, a record of the Circuit and County Court of Brevard County, Florida, was received into evidence over defense objection.1 This record showed that the appellant previously pleaded guilty to loitering where narcotics were being used and to possessing marihuana and marihuana paraphernalia. It also revealed that the court had withheld adjudication of guilt and…

2Cases cited6 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Williams v. New YorkSupreme Court of the United States · 1949
  3. Kercheval v. United StatesSupreme Court of the United States · 1927
  4. United States v. MackUnited States Court of Military Appeals · 1980
  5. United States v. NegroneUnited States Court of Military Appeals · 1980

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

3Cited by12 opinions

  1. United States v. WarrenUnited States Court of Military Appeals · 1982
  2. United States v. BolesUnited States Court of Military Appeals · 1981
  3. United States v. CollinsU S Air Force Court of Military Review · 1983
  4. United States v. KrewsonUnited States Court of Military Appeals · 1981
  5. United States v. FrazierU.S. Army Court of Military Review · 1982

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

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