Legal Opinion
United States v. Rust
U S Air Force Court of Military Review
Decided September 3, 1993No. ACM 29629PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
HEIMBURG, Judge:
Our original opinion in this case was unpublished (ACM 29629, 24 August 1993). That opinion is hereby withdrawn.
This general court-martial raises the issue, among others, whether “dereliction in duty” encompasses medical malpractice, the failure of a military physician to meet the appropriate “standard of care.”
Major (Dr.) Rust, a board-certified obstetrician-gynecologist, was convicted by a general court-martial sitting with members of negligent dereliction in duty and making a false official statement.1 On appeal, he asserts 15 errors affecting both…
2Cases cited13 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Brady v. MarylandSupreme Court of the United States · 1963
- Parker v. LevySupreme Court of the United States · 1974
- United States v. TurnerUnited States Court of Military Appeals · 1987
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. RustCourt of Appeals for the Armed Forces · 1995
- McKinney v. JarvisArmy Court of Criminal Appeals · 1997
- United States v. FergusonU.S. Navy-Marine Corps Court of Military Review · 1994
- United States v. MarchandU S Coast Guard Court of Criminal Appeals · 2001
- United States v. MarchandU S Coast Guard Court of Criminal Appeals · 2001