Legal Opinion

United States v. Bess

Court of Appeals for the Armed Forces

Decided January 6, 2016No. 15-0372/NAPublishedCited by 22 opinions

1Opinion of the Court

Judge STUCKY

delivered the opinion of the Court. 1

This case requires us to address the proper application of Rule for Courts-Martial (R.C.M.) 921(b), which allows the military judge, “in the exercise of discretion,” to grant a request from the court members that “the court-martial be reopened and ... additional evidence introduced.” Here, the military judge received a request from the members for,' inter alia, certain muster reports, after their deliberations had begun. Although the muster reports were properly admissible as business records, we hold that the military judge abused his…

2Cases cited23 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Sullivan v. LouisianaSupreme Court of the United States · 1993
  3. Crane v. KentuckySupreme Court of the United States · 1986
  4. Rock v. ArkansasSupreme Court of the United States · 1987
  5. Herring v. New YorkSupreme Court of the United States · 1975

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3Cited by22 opinions

  1. United States v. Hirani Eng'g & Land Surveying, P.C.Court of Appeals for the D.C. Circuit · 2018
  2. American Civil Construction, LLC v. Hirani Engineering & Land Surveying, PcDistrict Court, District of Columbia · 2018
  3. United States v. AndrewsNavy-Marine Corps Court of Criminal Appeals · 2017
  4. United States v. BessNavy-Marine Corps Court of Criminal Appeals · 2018
  5. United States v. BessNavy-Marine Corps Court of Criminal Appeals · 2018

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

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