United States v. Price
Court of Appeals for the Armed Forces
1DissentCrawford, Judge
I agree with Judge Sullivan and write to add these observations.
Because the magic words “How do you plead?” are lacking, the Court grants appellant a windfall by reversing his conviction. In numerous cases, we have rejected application of mere form over substance.* We should also do so here.
Appellant was charged with conspiring with two other servicemembers to rob a taxicab driver, robbery of the cab driver, and aggravated assault by intentionally inflicting grievous bodily harm with a heavy metal bar, in violation of Articles 81, 122, and 128, Uniform Code of Military Justice, 10 USC §§ 881,…
2Cases cited8 opinions
- Taylor v. United StatesSupreme Court of the United States · 1973
- Crosby v. United StatesSupreme Court of the United States · 1993
- United States v. TurnerCourt of Appeals for the Armed Forces · 1997
- United States v. GebhartUnited States Court of Military Appeals · 1992
- United States v. SchneiderUnited States Court of Military Appeals · 1993
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