Legal Opinion

Smith v. United States

Court of Appeals for the Federal Circuit

Decided September 13, 2004No. 04-5063PublishedCited by 1 opinion

1Opinion of the Court

DECISION

PER CURIUM.

Patrick M. Smith appeals the decision of the United States Court of Federal Claims dismissing his complaint pursuant to its Rule 12(b)(6) for failure to state a claim upon which relief could be granted. Smith v. United States, 59 Fed. Cl. 64 (2003). We affirm.

DISCUSSION

I

In 1994, while serving in the United States Army in Germany, Mr. Smith was accused of the kidnap, rape, and murder of a young child. See Smith v. Commandant, 48 Fed.Appx. 712 (10th Cir.2002) (unpublished). After pleading guilty on all charges, he was convicted by a general court-martial. Smith v. Lansing,…

2Cases cited8 opinions

  1. John C. Boyle, Paintiff-Appellant v. United StatesCourt of Appeals for the Federal Circuit · 2000
  2. Sandra L. PLEMING, Plaintiff-Appellant, v. UNIVERSAL-RUNDLE CORPORATION, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1998
  3. Dana v. E.S. Originals, Inc.Court of Appeals for the Federal Circuit · 2003
  4. Brooks v. United StatesU.S. Army Court of Military Review · 1976
  5. United States v. SmithArmy Court of Criminal Appeals · 1996

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3Cited by1 opinion

  1. Larson v. United StatesUnited States Court of Federal Claims · 2009

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