Legal Opinion

United States v. Diaz

Court of Appeals for the Armed Forces

Decided September 17, 2003No. 02-0513/ARPublishedCited by 45 opinions

1Opinion of the Court

Judge GIERKE

delivered the opinion of the Court.

A general court-martial composed of officer members convicted Appellant, contrary to his pleas, of unpremeditated murder and assault upon a child under 16 years of age, in violation of Articles 118 and 128, Uniform Code of Military Justice [hereinafter UCMJ] 10 U.S.C. §§ 918, 928 (2000), respectively. The adjudged and approved sentence provides for a dishonorable discharge, confinement for life, forfeiture of all pay and allowances, and reduction to the lowest enlisted grade. The Court of Criminal Appeals affirmed the findings and sentence.…

2Cases cited35 opinions

  1. Estelle v. McGuireSupreme Court of the United States · 1991
  2. Cupp v. NaughtenSupreme Court of the United States · 1973
  3. Huddleston v. United StatesSupreme Court of the United States · 1988
  4. United States v. ReynoldsUnited States Court of Military Appeals · 1989
  5. United States v. David GarzaCourt of Appeals for the Fifth Circuit · 1979

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3Cited by45 opinions

  1. United States v. HarrowCourt of Appeals for the Armed Forces · 2007
  2. United States v. McFaddenCourt of Appeals for the Armed Forces · 2015
  3. United States v. StatonCourt of Appeals for the Armed Forces · 2010
  4. United States v. ThompsonCourt of Appeals for the Armed Forces · 2006
  5. United States v. CommissoCourt of Appeals for the Armed Forces · 2017

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