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Legal Opinion · Dissent

United States v. Hart

United States Court of Military Appeals

Decided May 22, 1970No. 20,846Published

1DissentFerguson, Judge

I dissent.

Since I believe that the referral of this case for rehearing to the Commanding General, Fort Leavenworth, Kansas, instead of to the original convening authority, was jurisdictional error, I agree with the holding of the board of review that the proceedings at Fort Leavenworth were null and void. United States v Robbins, 18 USCMA 86, 39 CMR 86 (1969); United States v Landrum, 18 USCMA 375, 40 CMR 87 (1969). See also my separate opinion in United States v Martin, 19 USCMA 211, 41 CMR 211 (1970). I would answer the certified question in the affirmative and thus would not reach the two…

2Cases cited11 opinions

  1. United States v. DuBayUnited States Court of Military Appeals · 1967
  2. Cascade Natural Gas Corp. v. El Paso Natural Gas Co.Supreme Court of the United States · 1967
  3. United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1961
  4. United States v. WhiteUnited States Court of Military Appeals · 1958
  5. United States v. RobbinsUnited States Court of Military Appeals · 1969

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