Legal Opinion

United States v. Smith

United States Court of Military Appeals

Decided December 1, 1986No. 52,380; NMCM 85 0145PublishedCited by 9 opinions

1Opinion of the Court

Opinion of the Court

2Per curiam

Appealing from his special court-martial conviction by officer members, Smith asks this Court to determine whether the military judge committed prejudicial error by informing the members, before they heard evidence on the merits of two contested offenses, that guilty pleas had been entered to two other charges. Under the circumstances of this case, we conclude that he did.

I

At his arraignment, Smith pleaded guilty to a 3-day unauthorized absence (Charge I and its specification) and to use of marijuana during March 1984 (specification 1 of Charge III). However, he pleaded…

3Cases cited2 opinions

  1. United States v. RiveraUnited States Court of Military Appeals · 1986
  2. United States v. NixonU.S. Army Court of Military Review · 1983

4Cited by9 opinions

  1. United States v. KaiserCourt of Appeals for the Armed Forces · 2003
  2. United States v. Major CARL W. AXELSON, JR.Army Court of Criminal Appeals · 2007
  3. United States v. HamiltonU.S. Army Court of Military Review · 1992
  4. United States v. WiggersU.S. Army Court of Military Review · 1987
  5. United States v. JamesU.S. Army Court of Military Review · 1987

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