Legal Opinion

United States v. Bush

United States Air Force Court of Criminal Appeals

Decided June 13, 1996No. ACM31462PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

MORGAN, Judge:

This appears to be a case of first impression for federal criminal jurisprudence, where we are asked to decide whether the trial judge erred in admitting chemical hair analysis to support appellant’s conviction for the unlawful use of cocaine. We hold that he did not.

On November 15, 1998, appellant was selected to provide a sample for a random drug urinalysis. He showed up at the base theater, as he was directed to do. Thereafter, accompanied by Technical Sergeant (TSgt) Robichaud, the observer, appellant took the sample bottle to the men’s room to provide a…

2Cases cited18 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  3. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  4. United States v. TurnerUnited States Court of Military Appeals · 1987
  5. United States v. HouserUnited States Court of Military Appeals · 1993

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3Cited by4 opinions

  1. United States v. GreenCourt of Appeals for the Armed Forces · 2001
  2. United States v. BushCourt of Appeals for the Armed Forces · 1997
  3. United States v. HoltNavy-Marine Corps Court of Criminal Appeals · 1997
  4. United States v. GreenCourt of Appeals for the Armed Forces · 2001

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