Legal Opinion

United States v. Mahler

Navy-Marine Corps Court of Criminal Appeals

Decided December 17, 1998No. NMCM 97 00558PublishedCited by 4 opinions

1Opinion of the Court

ROLPH, Judge:

A general court-martial composed of officer and enlisted members convicted the appellant, contrary to Ms pleas, of assault consummated by a battery upon Kade MaMer, Ms 17-day-old son by burning him on the back with a hot object, and of murdering Ms son by engaging in inherently dangerous acts (forcefully shaking and strikmg Ms son with Ms hands), in violation of Articles 128 and *560118(3), Uniform Code of Military Justice, 10 U.S.C. §§ 928 and 918(3)(1998)[hereinafter UCMJ].1 The members sentenced the appellant to life in prison, a dishonorable discharge, total forfeitures of…

2Cases cited27 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Lockhart v. FretwellSupreme Court of the United States · 1993
  3. United States v. DuBayUnited States Court of Military Appeals · 1967
  4. United States v. SnellingUnited States Court of Military Appeals · 1982
  5. United States v. ScottUnited States Court of Military Appeals · 1987

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3Cited by4 opinions

  1. United States v. ScalaroneNavy-Marine Corps Court of Criminal Appeals · 1999
  2. United States v. LoweNavy-Marine Corps Court of Criminal Appeals · 1999
  3. United States v. MorrisNavy-Marine Corps Court of Criminal Appeals · 2001
  4. United States v. GibsonNavy-Marine Corps Court of Criminal Appeals · 1999

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