Legal Opinion

United States v. Weatherford

United States Court of Military Appeals

Decided May 15, 1970No. 22,629PublishedCited by 40 opinions

1Opinion of the Court

*425Opinion of the Court

Quinn, Chief Judge:

The question presented by the certificate of the Judge Advocate General of the Navy is whether defense counsel can ever properly argue at trial that a punitive discharge is an appropriate punishment for an accused.

Defense counsel cannot ask the court-martial to impose a punitive discharge

when the express 0r implied desire of the accused is to the contrary. United States v Garcia, 18 USCMA 5, 39 CMR 5 (1968); United States v Mitchell, 16 USCMA 302, 36 CMR 458 (1966). In this case, the United States Navy Court of Military Review noted that defense…

2Cases cited6 opinions

  1. United States v. WheelerUnited States Court of Military Appeals · 1967
  2. United States v. ProwUnited States Court of Military Appeals · 1962
  3. United States v. MitchellUnited States Court of Military Appeals · 1966
  4. United States v. BlunkUnited States Court of Military Appeals · 1967
  5. United States v. PierceUnited States Court of Military Appeals · 1970

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

3Cited by40 opinions

  1. United States v. DukesUnited States Court of Military Appeals · 1978
  2. United States v. LarneardUnited States Court of Military Appeals · 1977
  3. United States v. DresenUnited States Court of Military Appeals · 1994
  4. United States v. SorianoUnited States Court of Military Appeals · 1985
  5. United States v. PinedaCourt of Appeals for the Armed Forces · 2001

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

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