United States v. Marsh
U.S. Navy-Marine Corps Court of Military Review
1Opinion of the Court
DONOVAN, Judge:
This case presents the issue of retrospective application of the amendments to Article 2, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 802, as violative of the constitutional prohibition against ex post facto laws.2 We examine that issue and conclude that application of the amended Article to an accused who committed an offense before the effective date of the Congressional amendments is prohibited.3
*700Pursuant to his plea, appellant was found guilty of a single offense: unauthorized absence for some 2 and h months. Prior to imposing sentence, the military judge considered…
2Cases cited44 opinions
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Weaver v. GrahamSupreme Court of the United States · 1981
- Trop v. DullesSupreme Court of the United States · 1958
- Calder v. BullSupreme Court of the United States · 1798
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3Cited by8 opinions
- United States v. MarshUnited States Court of Military Appeals · 1983
- United States v. FelixU S Air Force Court of Military Review · 1987
- United States v. MarshU.S. Navy-Marine Corps Court of Military Review · 1981
- United States v. GennosaU.S. Navy-Marine Corps Court of Military Review · 1981
- United States v. JarrellU.S. Navy-Marine Corps Court of Military Review · 1982
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