Legal Opinion

United States v. Savard

Court of Appeals for the Armed Forces

Decided November 8, 2010No. 10-0334/AFPublishedCited by 1 opinion

1Opinion of the Court

Judge STUCKY

delivered the opinion of the Court.

We granted review to determine whether the military judge erred by failing to hold defense-requested pretrial hearings before ruling on Appellant’s written motions. We hold that, when one of the parties so requests, Rule for Courts-Martial (R.C.M.) 905(h) requires that the military judge hold a hearing on a written motion. However, any error committed by the military judge in this case by not holding such hearings was harmless. We affirm the judgment of the United States Air Force Court of Criminal Appeals (CCA).

I.Background

While stationed…

2Cases cited5 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. United States v. McCollumCourt of Appeals for the Armed Forces · 2003
  3. United States v. YammineCourt of Appeals for the Armed Forces · 2010
  4. United States v. AlemanCourt of Appeals for the Armed Forces · 2006
  5. United States v. DiazCourt of Appeals for the Armed Forces · 2010

3Cited by1 opinion

  1. United States v. BrownNavy-Marine Corps Court of Criminal Appeals · 2020

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