Legal Opinion · Concurrence

United States v. Caprio

U.S. Navy-Marine Corps Court of Military Review

Decided October 22, 1980No. Misc. No. 80-11Published

1ConcurrenceDonovan, Judge

Predictability of outcome has grown scarce in United States trials. As sensitive courts, civilian and military, examine specifics of cases, harsh application of rules has yielded to case-by-case determinations often based on balancing of competing interests. Most observers, however, abhor the current litigation mass and seek fair, but firm, “rules”.

The United States assails the trial judge’s application of a rule because of the result. Petty Officer Cox assumed a duty to serve several years of active service in return for his initial enlistment in pay grade E-3, his rapid promotion to pay…

2Cases cited9 opinions

  1. United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
  2. United States v. GallagherUnited States Court of Military Appeals · 1957
  3. United States v. WheelerUnited States Court of Military Appeals · 1959
  4. United States v. KellySupreme Court of the United States · 1873
  5. United States v. GinyardUnited States Court of Military Appeals · 1967

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