Legal Opinion

United States v. Vargas

Court of Appeals for the Armed Forces

Decided December 8, 2014No. 14-6009/MCPublishedCited by 17 opinions

1Opinion of the Court

Judge ERDMANN delivered the opinion of the court.

Staff Sergeant Ruben Vargas is charged with assault consummated by a battery in violation of Article 128, UCMJ, 10 U.S.C. § 928 (2012). During the first day of trial, the military judge denied a government request for a continuance. When the government was unable to proceed with trial due to the unavailability of its witnesses, the military judge rested the government’s ease. The government subsequently filed an appeal with the United States Navy-Marine Corps Court of Criminal Appeals (NMCCA) pursu*2ant to Article 62, UCMJ, 10 U.S.C. § 862…

2Cases cited10 opinions

  1. United States v. WilsonSupreme Court of the United States · 1975
  2. Will v. United StatesSupreme Court of the United States · 1967
  3. Taylor v. KentuckySupreme Court of the United States · 1978
  4. United States v. Lopez de VictoriaCourt of Appeals for the Armed Forces · 2008
  5. United States v. BrowersUnited States Court of Military Appeals · 1985

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3Cited by17 opinions

  1. United States v. SchloffCourt of Appeals for the Armed Forces · 2015
  2. United States v. AtchakCourt of Appeals for the Armed Forces · 2016
  3. United States v. Payton-O'brien and RavenscraftNavy-Marine Corps Court of Criminal Appeals · 2017
  4. United States v. CooleyCourt of Appeals for the Armed Forces · 2016
  5. United States v. Specialist CEY BRISTOL J. WILLIAMSArmy Court of Criminal Appeals · 2016

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