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Legal Opinion

United States v. Hawks

U S Air Force Court of Military Review

Decided December 6, 1984No. ACM 24404PublishedCited by 8 opinions

1Opinion of the Court

DECISION

HODGSON, Chief Judge:

It is a well-established principle of military jurisprudence that the only appropriate source of law applicable to any case is the military judge and that the court members may not look to outside sources, including the Manual for Courts-Martial, for guidance or instruction. This rule arose because “[a] treatise on the law in the hands of a non-lawyer creates a situation which is fraught with potential harm, especially when one’s life and liberty hang in the balance.” United States v. Rinehart, 8 U.S.C.M.A. 402, 407, 24 C.M.R. 212, 217 (1957).

The trial judge in…

2Cases cited9 opinions

  1. United States v. DeainUnited States Court of Military Appeals · 1954
  2. United States v. RinehartUnited States Court of Military Appeals · 1957
  3. United States v. HarrisUnited States Court of Military Appeals · 1982
  4. United States v. BoydUnited States Court of Military Appeals · 1979
  5. United States v. MasonUnited States Court of Military Appeals · 1983

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

3Cited by8 opinions

  1. United States v. McLarenU S Air Force Court of Military Review · 1992
  2. United States v. SloanU S Air Force Court of Military Review · 1990
  3. United States v. PabonU S Air Force Court of Military Review · 1993
  4. United States v. AbdelkaderU S Air Force Court of Military Review · 1992
  5. United States v. FisherU.S. Navy-Marine Corps Court of Military Review · 1993

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

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