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Legal Opinion

Moore v. Akins

United States Court of Military Appeals

Decided June 22, 1990No. Misc. No. 90-15PublishedCited by 30 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Chief Judge:

If the Court of Military Review reverses the conviction of a servicemember serving a sentence of confinement and the case is certified to our Court, see Art. 67(b)(2), Uniform Code of Military Justice, 10 USC § 867(b)(2), under what circumstances, if any, is the servicemember entitled to be released from confinement? This is the question posed by Moore’s petition for extraordinary relief.

Our holding is that the servicemember must be released from confinement, unless and until the Government shows reasons, such as risk of flight or obstruction of…

2Cases cited7 opinions

  1. United States v. BrowndUnited States Court of Military Appeals · 1979
  2. United States v. ZemartisUnited States Court of Military Appeals · 1959
  3. United States v. MayUnited States Court of Military Appeals · 1959
  4. Pearson v. CoxUnited States Court of Military Appeals · 1981
  5. Longhofer v. HilbertU.S. Army Court of Military Review · 1986

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

3Cited by30 opinions

  1. United States v. MillerCourt of Appeals for the Armed Forces · 1997
  2. United States v. CombsCourt of Appeals for the Armed Forces · 1997
  3. Keys v. ColeUnited States Court of Military Appeals · 1990
  4. United States v. ToroU S Air Force Court of Military Review · 1991
  5. United States v. KreutzerCourt of Appeals for the Armed Forces · 2012

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

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