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Legal Opinion

United States v. Diaz

United States Court of Military Appeals

Decided September 16, 1994No. 93-5008; CMR No. 92-1270PublishedCited by 52 opinions

1Opinion of the Court

Opinion of the Court

WISS, Judge:

1. This case asks us to consider the legal effect on findings that flows from a convening authority’s action affirming the sentence as adjudged without mentioning the findings. See Art. 60(c)(2) and (3), Uniform Code of Military Justice, 10 USC § 860(c)(2) and (3) (1983). The issue arises in a context in which the written recommendation of the staff judge advocate (SJA) had not mentioned findings of the two Additional Charges and their specifications of which appellant had been convicted.

Now, we hold that, in the absence of contrary evidence, a convening…

2Cases cited6 opinions

  1. Hicks v. MirandaSupreme Court of the United States · 1975
  2. United States v. MontesinosUnited States Court of Military Appeals · 1989
  3. United States v. McCallisterUnited States Court of Military Appeals · 1988
  4. United States v. BoudreauxUnited States Court of Military Appeals · 1992
  5. United States v. SmithUnited States Court of Military Appeals · 1992

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3Cited by52 opinions

  1. United States v. WheelusCourt of Appeals for the Armed Forces · 1998
  2. United States v. CrumpleyNavy-Marine Corps Court of Criminal Appeals · 1998
  3. United States v. ScaloCourt of Appeals for the Armed Forces · 2005
  4. LRM v. KastenbergCourt of Appeals for the Armed Forces · 2013
  5. United States v. WellingtonCourt of Appeals for the Armed Forces · 2003

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

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