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Legal Opinion

United States v. Lynch

United States Court of Military Appeals

Decided August 2, 1982No. 36739; ACM 22389; No. 37736; ACM 524675PublishedCited by 39 opinions

1Opinion of the Court

Opinion of the Court

FLETCHER, Judge:

The common issue granted for review in these cases (6 M.J. 168; 8 M.J. 48) is the lawfulness of the pretrial confinement procedure provided in paragraph 3-25, Air Force Manual 111-1 (C 2, October 8, 1976). This provision states:

3-25. Hearings on Pretrial Confinement. A person subject to military law may be temporarily confined pending a formal determination as to whether continued pretrial confinement is warranted. That determination may be made only by an officer acting as a neutral and detached magistrate, who is empowered and has the duty to determine…

2Cases cited11 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. Holiday v. JohnstonSupreme Court of the United States · 1941
  3. United States v. EzellUnited States Court of Military Appeals · 1979
  4. Courtney v. WilliamsUnited States Court of Military Appeals · 1976
  5. United States v. StuckeyUnited States Court of Military Appeals · 1981

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

3Cited by39 opinions

  1. United States v. RexroatUnited States Court of Military Appeals · 1993
  2. United States v. PettersenU.S. Navy-Marine Corps Court of Military Review · 1982
  3. United States v. RexroatU.S. Army Court of Military Review · 1992
  4. United States v. JohnsonU S Air Force Court of Military Review · 1983
  5. United States v. HarmsU S Air Force Court of Military Review · 1982

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

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