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Legal Opinion

United States v. Holloway

U.S. Navy-Marine Corps Court of Military Review

Decided March 3, 1993No. NMCM 92 0186PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT EN BANC

WELCH, Judge:

This guilty plea-unauthorized absence case1 raises a significant issue concerning pretrial confinement. We must determine whether County of Riverside v. McLaughlin, — U.S. -, 111 S.Ct. 1661, 114 L.Ed.2d 49 (1991) applies to the U.S. Armed Forces.2 We conclude it does, based on the following reasoning.

I. THE HOLDING IN COUNTY OF RIVERSIDE V. MCLAUGHLIN

The case was a class action challenging the manner in which the county provided probable cause hearings for persons arrested without a warrant. Under the county’s procedures, weekends and holidays were not…

2Cases cited15 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. Payne v. TennesseeSupreme Court of the United States · 1991
  3. County of Riverside v. McLaughlinSupreme Court of the United States · 1991
  4. United States v. SalesUnited States Court of Military Appeals · 1986
  5. United States v. AllenUnited States Court of Military Appeals · 1984

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3Cited by7 opinions

  1. United States v. MitchellUnited States Court of Military Appeals · 1994
  2. United States v. MitchellU.S. Navy-Marine Corps Court of Military Review · 1993
  3. United States v. BellCourt of Appeals for the Armed Forces · 1997
  4. United States v. HollowayUnited States Court of Military Appeals · 1993
  5. United States v. FisherU.S. Navy-Marine Corps Court of Military Review · 1993

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

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