Legal Opinion

LRM v. Kastenberg

Court of Appeals for the Armed Forces

Decided July 18, 2013No. 13-5006/AFPublishedCited by 62 opinions

1Opinion of the Court

Chief Judge BAKER

delivered the opinion of the Court.

The Air Force Judge Advocate General (JAG) certified three issues for review by this Court:

I. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY HOLDING THAT IT LACKED JURISDICTION TO HEAR A1C LRM’S PETITION FOR A WRIT OF MANDAMUS.

II. WHETHER THE MILITARY JUDGE ERRED BY DENYING A1C LRM THE OPPORTUNITY TO BE HEARD THROUGH COUNSEL THEREBY DENYING HER DUE PROCESS UNDER THE MILITARY RULES OF EVIDENCE, THE CRIME VICTIMS’ RIGHTS ACT AND THE UNITED STATES CONSTITUTION.

III. WHETHER THIS HONORABLE COURT SHOULD ISSUE A WRIT OF MANDAMUS.

BACKGROUND

2Cases cited37 opinions

  1. Richmond Newspapers, Inc. v. VirginiaSupreme Court of the United States · 1980
  2. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
  3. Hicks v. MirandaSupreme Court of the United States · 1975
  4. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  5. Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953

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3Cited by62 opinions

  1. United States v. HillsCourt of Appeals for the Armed Forces · 2016
  2. United States v. HowellCourt of Appeals for the Armed Forces · 2016
  3. EV v. United StatesCourt of Appeals for the Armed Forces · 2016
  4. United States v. BookerNavy-Marine Corps Court of Criminal Appeals · 2013
  5. Randolph v. HV and United StatesCourt of Appeals for the Armed Forces · 2017

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