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Legal Opinion

United States v. Cummings

United States Court of Military Appeals

Decided February 2, 1968No. 20,460PublishedCited by 80 opinions

1Opinion of the Court

Opinion of the Court

Ferguson, Judge:

This case raises an important question concerning the administration of military justice in the area of pretrial agreements to plead guilty. They have been employed in military trials since 1953, and this Court has approved of their use, though not without reservations. See United States v Welker, 8 USCMA 647, 25 CMR 151; United States v Allen, 8 USCMA 504, 25 CMR 8. The benefit to the accused is the ceiling which is set absolutely on his punishment in return for the plea. The danger inherent in the arrangement is the entry of an improvident plea in order…

2Cases cited11 opinions

  1. United States v. TibbsUnited States Court of Military Appeals · 1965
  2. United States v. AllenUnited States Court of Military Appeals · 1957
  3. United States v. ScolesUnited States Court of Military Appeals · 1963
  4. United States v. ChancelorUnited States Court of Military Appeals · 1966
  5. United States v. WelkerUnited States Court of Military Appeals · 1958

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

3Cited by80 opinions

  1. United States v. MizgalaCourt of Appeals for the Armed Forces · 2005
  2. United States v. HollandUnited States Court of Military Appeals · 1975
  3. United States v. JonesUnited States Court of Military Appeals · 1987
  4. United States v. DawsonUnited States Court of Military Appeals · 1981
  5. United States v. BoehmUnited States Court of Military Appeals · 1968

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

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