Legal Opinion

United States v. Martin

United States Court of Military Appeals

Decided April 19, 1982No. 39,436; NCM 78 1151PublishedCited by 13 opinions

1Opinion of the Court

Opinion

FLETCHER, Judge:

The case of appellant before us1 presents a variety of legal issues both granted2 by us and certified3 by the Judge Advocate *67General of the Navy pursuant to Article 67(b)(2) of the Uniform Code of Military Justice, 10 U.S.C. § 867(b)(2). After careful consideration of the possible errors raised, we conclude that none of the issues requires us to grant relief.

I

We turn first to another example of a trial judge’s equation of “reasonable doubt” with “substantial doubt,” an error apparently perpetuated by the use of standard military judge’s instructions. It has been made…

2Cases cited8 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. Holland v. United StatesSupreme Court of the United States · 1955
  3. United States v. SalleyUnited States Court of Military Appeals · 1980
  4. United States v. CottenUnited States Court of Military Appeals · 1981
  5. United States v. VillinesUnited States Court of Military Appeals · 1982

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

3Cited by13 opinions

  1. Solomon Monk, A/K/A David L. Martin v. Secretary of the NavyCourt of Appeals for the D.C. Circuit · 1986
  2. Solomon Monk, Also Known as David L. Martin v. Colonel Gordon N. Zelez, CommandantCourt of Appeals for the Tenth Circuit · 1990
  3. United States v. NewmanUnited States Court of Military Appeals · 1983
  4. United States v. HubbardUnited States Court of Military Appeals · 1989
  5. United States v. RojasU.S. Navy-Marine Corps Court of Military Review · 1983

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

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