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Legal Opinion

United States v. Banks

United States Court of Military Appeals

Decided June 18, 1979No. 33,575; SPCM 12252PublishedCited by 102 opinions

1Opinion of the Court

Opinion of the Court

PERRY, Judge:

The Judge Advocate General of the Army has certified for review 1 the correctness of the decision of the United States Army Court of Military Review, dismissing the charges of larceny as well as assault and battery,2 and vacating the findings of guilty and the sentence thereon. The decision of the Court of Military Review was based upon the Government’s confession of error and tacit admission that no extraordinary circumstances prevented completion of the review and action by the convening authority prior to expiration of 90 days after the finding of guilty,…

2Cases cited6 opinions

  1. United States v. PaleniusUnited States Court of Military Appeals · 1977
  2. United States v. BrowndUnited States Court of Military Appeals · 1979
  3. United States v. PraterUnited States Court of Military Appeals · 1971
  4. United States v. WhitmireUnited States Court of Military Appeals · 1972
  5. United States v. WheelerUnited States Court of Military Appeals · 1972

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3Cited by102 opinions

  1. United States v. MorenoCourt of Appeals for the Armed Forces · 2006
  2. United States v. TardifCourt of Appeals for the Armed Forces · 2002
  3. United States v. AllenUnited States Court of Military Appeals · 1991
  4. United States v. RodriguezCourt of Appeals for the Armed Forces · 2004
  5. United States v. CollazoArmy Court of Criminal Appeals · 2000

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