Legal Opinion

United States v. Lemieux

U.S. Army Court of Military Review

Decided June 29, 1982No. SPCM 17112Published

1Opinion of the Court

OPINION OF THE COURT

FULTON, Senior Judge:

In this case two documents reflecting appellant’s previous conviction by a summary court-martial were admitted into evidence during the presentencing proceedings. One document (Department of Defense Form 493) tended to indicate the conviction was final (although the date indicated for that purpose seems more likely to be the date of the convening authority’s action, not the supervisory review that imparts finality). The other document (Department of the Army Form 2-2) did not contain the required entry of finality, and was the source document from…

2Cases cited7 opinions

  1. United States v. BookerUnited States Court of Military Appeals · 1977
  2. United States v. BookerUnited States Court of Military Appeals · 1978
  3. United States v. GibsonUnited States Court of Military Appeals · 1981
  4. United States v. BullingtonUnited States Court of Military Appeals · 1982
  5. United States v. ReedUnited States Court of Military Appeals · 1975

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