Legal Opinion

United States v. Flemings

United States Court of Military Appeals

Decided February 21, 1958No. 10,888PublishedCited by 10 opinions

1Opinion of the Court

Opinion of the Court

2Per curiam

A Marine Corps special court-martial found the accused guilty of several offenses under the Uniform Code of Military Justice. The accused had entered a plea of guilty as to some offenses and not guilty as to others. The staff legal officer, in his post-trial review of the record, summarized the evidence presented at trial as to those offenses to which the accused had pleaded not guilty. The reviewer, however, failed to express an opinion as to the factual and legal sufficiency of the evidence. This was error. A post-trial review must do more than summarize; it must also…

3Cases cited2 opinions

  1. United States v. WithrowUnited States Court of Military Appeals · 1958
  2. United States v. KatzenbergerUnited States Court of Military Appeals · 1957

4Cited by10 opinions

  1. United States v. FieldsUnited States Court of Military Appeals · 1958
  2. United States v. DrexlerUnited States Court of Military Appeals · 1958
  3. United States v. JemisonUnited States Court of Military Appeals · 1959
  4. United States v. CollierUnited States Court of Military Appeals · 1970
  5. United States v. EvansUnited States Court of Military Appeals · 1963

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