Legal Opinion

United States v. DuBay

United States Court of Military Appeals

Decided July 21, 1967PublishedCited by 603 opinions

1Opinion of the Court

Opinion of the Court*

2Per curiam

These cases involve the same basic issue, i.e., whether the Commanding General, Fort Leonard Wood, Missouri, violated the provisions of Uniform Code of Military Justice, Article 37, 10 USC § 837, with respect to the findings and sentence, or sentence alone, as *149adjudged by the particular general courts-martial1 appointed by him to hear the causes. Both parties are agreed that, at the very least, a serious issue is raised coiicerning whether there was such command interference with these judicial bodies.

In the nature of things, command control is scarcely ever apparent on…

3Cases cited3 opinions

  1. United States v. FergusonUnited States Court of Military Appeals · 1954
  2. United States v. SchalckUnited States Court of Military Appeals · 1964
  3. United States v. ShepherdUnited States Court of Military Appeals · 1958

4Cited by603 opinions

  1. United States v. GinnCourt of Appeals for the Armed Forces · 1997
  2. United States v. ScottUnited States Court of Military Appeals · 1987
  3. United States v. LovingCourt of Appeals for the Armed Forces · 1994
  4. United States v. PolkUnited States Court of Military Appeals · 1991
  5. William L. Calley, Jr., Cross-Appellant v. Howard H. Callaway, Etc., Etc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975

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