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Legal Opinion

United States v. Pastor

United States Court of Military Appeals

Decided April 21, 1980No. 34,850; CM 434722PublishedCited by 18 opinions

1Opinion of the Court

*281 Opinion

COOK, Judge:

A general court-martial with members convicted the accused of indecent sexual acts with his stepdaughter, Jackie. We conclude that the trial judge erroneously denied a defense motion for a mistrial, and we set aside the conviction.

Declaration of a mistrial “is a drastic remedy” and should be granted only if manifestly necessary “ ‘to preserve the ends of . justice.’ ” United States v. Jeanbaptiste, 5 M.J. 374, 376 (C.M.A.1978). A ruling against an accused on a motion for a mistrial is reviewable on appeal. United States v. Krokroskia, 13 U.S. C.M.A. 371, 32 C.M.R. 371…

2Cases cited7 opinions

  1. United States v. AlbrightUnited States Court of Military Appeals · 1958
  2. United States v. JeanbaptisteUnited States Court of Military Appeals · 1978
  3. United States v. PitasiUnited States Court of Military Appeals · 1971
  4. United States v. WhitleyUnited States Court of Military Appeals · 1955
  5. United States v. RenerUnited States Court of Military Appeals · 1967

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

3Cited by18 opinions

  1. United States v. LipsU S Air Force Court of Military Review · 1986
  2. United States v. RushatzUnited States Court of Military Appeals · 1990
  3. United States v. DiazCourt of Appeals for the Armed Forces · 2003
  4. United States v. GarcesUnited States Court of Military Appeals · 1991
  5. United States v. GarrettUnited States Court of Military Appeals · 1987

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

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