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Legal Opinion

United States v. Johnson

United States Court of Military Appeals

Decided January 26, 1981No. 38,347; NCM 79-1195PublishedCited by 16 opinions

1Opinion of the Court

OPINION

COOK, Judge:

In United States v. Banks, 7 M.J. 92 (C.M.A.1979), the Court terminated the rule promulgated in Dunlap v. Convening Authority, 23 U.S.C.M.A. 135, 48 C.M.R. 751 (1974), regarding speedy review at the command level of the record of conviction of an accused ordered into post-conviction confinement or placed under other significant restraint. A perceived ambiguity in the Banks opinion has resulted in different applications of its precept by different service appellate tribunals. Compare United States v. Brewer, 9 M.J. 509 (A.F.C.M.R. 1980), certificate for review filed, 9 M.J.…

2Cases cited12 opinions

  1. United States v. BanksUnited States Court of Military Appeals · 1979
  2. United States v. KnudsonUnited States Court of Military Appeals · 1954
  3. Government of the Virgin Islands v. James Civil and Cymandy JamesCourt of Appeals for the Third Circuit · 1979
  4. United States v. NicholsUnited States Court of Military Appeals · 1952
  5. United States v. WeaverUnited States Court of Military Appeals · 1975

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

3Cited by16 opinions

  1. United States v. ClevidenceUnited States Court of Military Appeals · 1982
  2. United States v. ShelyUnited States Court of Military Appeals · 1983
  3. United States v. SuttonUnited States Court of Military Appeals · 1983
  4. United States v. DearingNavy-Marine Corps Court of Criminal Appeals · 2005
  5. United States v. RoseUnited States Court of Military Appeals · 1983

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

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