Legal Opinion

United States v. Vietor

United States Court of Military Appeals

Decided December 8, 1980No. 35,077; NCM 77-0374PublishedCited by 31 opinions

1Opinion of the Court

OPINION

COOK, Judge:

Contrary to his pleas, appellant stands convicted by a special court-martial consisting of a judge alone of the possession, sale and transfer of marihuana, in violation of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892. We granted review to consider appellant’s contentions that a search involved in the prosecution was invalid because his commanding officer was per se disqualified and that the evidence is insufficient to establish his guilt.

A per se disqualification argument like appellant’s was rejected by the Court in United States v. Ezell, 6 M.J. 307…

2Cases cited7 opinions

  1. Ohio v. RobertsSupreme Court of the United States · 1980
  2. United States v. EzellUnited States Court of Military Appeals · 1979
  3. United States v. StrangstalienUnited States Court of Military Appeals · 1979
  4. United States v. EvansUnited States Court of Military Appeals · 1972
  5. United States v. KillebrewUnited States Court of Military Appeals · 1980

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

3Cited by31 opinions

  1. United States v. GarriesUnited States Court of Military Appeals · 1986
  2. United States Navy-Marine Corps Court of Military Review v. CarlucciUnited States Court of Military Appeals · 1988
  3. United States v. GriffithUnited States Court of Military Appeals · 1988
  4. United States v. HarrisUnited States Court of Military Appeals · 1985
  5. United States v. BrickeyUnited States Court of Military Appeals · 1983

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

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