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Legal Opinion

United States v. Gardner

United States Court of Military Appeals

Decided April 7, 1986No. 50,459; ACM S26286PublishedCited by 14 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Chief Judge:

At appellant’s special court-martial, defense counsel moved for dismissal of the Charge and its specifications on the ground that the proceedings had been fatally tainted by the earlier participation of the assistant trial counsel in obtaining Gardner’s immunized testimony at an alleged coactor’s investigative hearing under Article 32, Uniform Code of Military Justice, 10 U.S.C. § 832. After hearing evidence and argument on the motion, the military judge entered extensive findings of fact. Then, he disqualified the assistant trial counsel from any…

2Cases cited12 opinions

  1. Kastigar v. United StatesSupreme Court of the United States · 1972
  2. Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
  3. United States v. Michael G. Thevis, Alton Bart Hood, Global Industries, Inc., Anna Jeanette EvansCourt of Appeals for the Fifth Circuit · 1982
  4. Pillsbury Co. v. ConboySupreme Court of the United States · 1983
  5. United States v. Norman TurkishCourt of Appeals for the Second Circuit · 1980

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

3Cited by14 opinions

  1. United States v. GarrettUnited States Court of Military Appeals · 1987
  2. United States v. FaceyUnited States Court of Military Appeals · 1988
  3. United States v. MapesCourt of Appeals for the Armed Forces · 2003
  4. United States v. CorderoUnited States Court of Military Appeals · 1986
  5. United States v. BoydUnited States Court of Military Appeals · 1988

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

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