Legal Opinion
United States v. Behenna
Court of Appeals for the Armed Forces
Decided July 5, 2012No. 12-0030/ARPublishedCited by 35 opinions
1Opinion of the Court
Judge STUCKY
delivered the opinion of the Court.
We granted review in this case to determine whether the military judge provided complete and accurate self-defense instructions, and whether the Government failed to disclose favorable and material information to Appellant’s prejudice. We hold that, although the military judge’s instruction on escalation was erroneous, it was harmless beyond a reasonable doubt because escalation was not in issue. Moreover, contrary to Appellant’s arguments, withdrawal also was not in issue. We further hold that, even assuming that the information Appellant…
2Cases cited30 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. BagleySupreme Court of the United States · 1985
- United States v. AgursSupreme Court of the United States · 1976
- Kyles v. WhitleySupreme Court of the United States · 1995
- Mathews v. United StatesSupreme Court of the United States · 1988
25 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United States v. StellatoCourt of Appeals for the Armed Forces · 2015
- United States v. ColemanCourt of Appeals for the Armed Forces · 2013
- United States v. RigginsCourt of Appeals for the Armed Forces · 2016
- United States v. Sergeant ERIC D. SHORTSArmy Court of Criminal Appeals · 2017
- United States v. ChisumUnited States Air Force Court of Criminal Appeals · 2016
30 more not listed; retrieve them via the Exa API.