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Legal Opinion

United States v. Balagna

United States Court of Military Appeals

Decided September 3, 1991No. 65,942; CM 8901598PublishedCited by 9 opinions

1Opinion of the Court

Opinion of the Court

COX, Judge:

Tried by general court-martial composed of officer members, the accused was convicted, despite his pleas, of wrongful use of marijuana, in violation of Article 112a, Uniform Code of Military Justice, 10 USC § 912a. The adjudged and approved sentence extends to a bad-conduct discharge and reduction to the lowest enlisted grade. The Court of Military Review affirmed the findings and sentence. 31 MJ 825 (1990). We granted review of the following issue:

WHETHER THE MILITARY JUDGE ERRED BY FAILING TO DECLARE A MISTRIAL UPON TIMELY REQUEST BY DEFENSE COUNSEL WHEN A…

2Cases cited23 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Arizona v. FulminanteSupreme Court of the United States · 1991
  3. Lakeside v. OregonSupreme Court of the United States · 1978
  4. United States v. ThomasUnited States Court of Military Appeals · 1986
  5. United States v. RosserUnited States Court of Military Appeals · 1979

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

3Cited by9 opinions

  1. United States v. LovingU.S. Army Court of Military Review · 1992
  2. United States v. BarronCourt of Appeals for the Armed Forces · 1999
  3. United States v. SkerrettUnited States Court of Military Appeals · 1994
  4. United States v. MobleyU S Air Force Court of Military Review · 1991
  5. United States v. LittlewoodCourt of Appeals for the Armed Forces · 2000

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

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