Legal Opinion
United States v. Christopher Stoltz
Court of Appeals for the Ninth Circuit
Decided June 27, 2013No. 11-30297PublishedCited by 7 opinions
1Opinion of the Court
OPINION
FISHER, Circuit Judge:
It is well settled that, consistent with the Double Jeopardy Clause, the government may prosecute a member of the armed forces in a civilian criminal court even though he has previously received nonjudicial punishment for the same offense under Article 15 of the Uniform Code of Military Justice, 10 U.S.C. § 815. See United States v. Reveles, 660 F.3d 1138, 1146 (9th Cir.2011). It is also well settled that a general or special court-martial precludes a subsequent civilian criminal prosecution for the same offense. See Grafton v. United States, 206 U.S. 333, 345-48,…
2Cases cited15 opinions
- United States v. JornSupreme Court of the United States · 1971
- Illinois v. SomervilleSupreme Court of the United States · 1973
- Hudson v. United StatesSupreme Court of the United States · 1997
- Serfass v. United StatesSupreme Court of the United States · 1975
- United States v. MorrisonSupreme Court of the United States · 1981
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3Cited by7 opinions
- United States v. Michael DreyerCourt of Appeals for the Ninth Circuit · 2015
- Bolton v. Dep't of the Navy Bd. for Corr. of Naval RecordsCourt of Appeals for the Sixth Circuit · 2019
- Sasen v. SpencerCourt of Appeals for the First Circuit · 2018
- Gurson Gourzong v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2016
- (HC) Watkins v. Tuolumne County Superior CourtDistrict Court, E.D. California · 2019
2 more not listed; retrieve them via the Exa API.