Legal Opinion · Dissent

United States v. Price

Court of Appeals for the Armed Forces

Decided July 7, 1998No. 97-0216; Crim.App. No. 9401505Published

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

  1. Taylor v. United StatesSupreme Court of the United States · 1973
  2. Crosby v. United StatesSupreme Court of the United States · 1993
  3. United States v. TurnerCourt of Appeals for the Armed Forces · 1997
  4. United States v. GebhartUnited States Court of Military Appeals · 1992
  5. United States v. SchneiderUnited States Court of Military Appeals · 1993

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