Legal Opinion · Concurrence

United States v. Walker

U S Air Force Court of Military Review

Decided June 20, 1980No. ACM S24890Published

1ConcurrenceMahoney, Judge

I dissent from the granting of the motion for reconsideration. I believe that, absent an error of constitutional magnitude or a miscarriage of justice, once this Court grants the precise relief requested by appellate counsel for the accused, the interests of judicial economy warrant invoking the doctrine of waiver.1 I would deny the motion.

Since my brethren have nonetheless granted reconsideration, I concur in the result based upon our earlier interpretation of precedent regarding the trial court’s failure to announce the words “per month” after the amount to be forfeited.2

I also concur with…

2Cases cited11 opinions

  1. United States v. NedeauUnited States Court of Military Appeals · 1957
  2. United States v. CuenUnited States Court of Military Appeals · 1958
  3. United States v. JohnsonUnited States Court of Military Appeals · 1962
  4. United States v. SmithUnited States Court of Military Appeals · 1953
  5. United States v. BatesU S Air Force Court of Military Review · 1976

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