Legal Opinion · Dissent

United States v. Courts

U S Coast Guard Court of Military Review

Decided September 27, 1977No. CGCM 9949; Docket No. 809Published

1DissentLynch, Judge

I concur with the majority’s conclusion that the finding of guilty is correct in law and fact and should be affirmed.

I strongly disagree with the reasons given by the majority for affirming the sentence, and dissent. I would set aside the sentence and authorize a rehearing. The Opinion of the Court correctly stated the law with respect to the test to be applied in determining when a live witness must be produced (U. S. v. Williams, supra), however the Court draws three erroneous conclusions: first that the testimony of the defendant’s sister was not material or of any probative value; second,…

2Cases cited5 opinions

  1. United States v. RivasUnited States Court of Military Appeals · 1977
  2. United States v. HeardUnited States Court of Military Appeals · 1977
  3. United States v. LarneardUnited States Court of Military Appeals · 1977
  4. United States v. BarfieldUnited States Court of Military Appeals · 1977
  5. United States v. PringleUnited States Court of Military Appeals · 1977

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