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Legal Opinion

United States v. Witherspoon

United States Court of Military Appeals

Decided September 6, 1983No. 42,345; CM 439581PublishedCited by 24 opinions

1Opinion of the Court

*253 Opinion

FLETCHER, Judge:

Subsequent to affirmance by the United States Army Court of Military Review of his conviction by general court-martial,1 we granted appellant’s petition on the following issue:

WHETHER THE ARMY COURT OF MILITARY REVIEW ERRED TO THE SUBSTANTIAL PREJUDICE OF THE APPELLANT IN HOLDING THAT THE IMPROPER ACTION OF A COURT MEMBER (CAPTAIN PAUL-SEN) IN. VISITING THE SCENE DESCRIBED IN APPELLANT’S TESTIMONY AND RELYING UPON INFORMATION ADVERSE TO APPELLANT OBTAINED AS A RESULT OF HIS UNAUTHORIZED VIEWING DURING DELIBERATIONS ON FINDINGS DID NOT PREJUDICE THE APPELLANT BECAUSE…

2Cases cited12 opinions

  1. Smith v. PhillipsSupreme Court of the United States · 1982
  2. Marshall v. United StatesSupreme Court of the United States · 1959
  3. Parker v. GladdenSupreme Court of the United States · 1966
  4. United States of America Ex Rel. Craig S. Owen v. Hon. Daniel J. McMann Warden of Auburn State Prison, Auburn, New YorkCourt of Appeals for the Second Circuit · 1970
  5. United States v. Jessie Kenneth McKinneyCourt of Appeals for the Fifth Circuit · 1970

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3Cited by24 opinions

  1. United States v. CarrUnited States Court of Military Appeals · 1984
  2. United States v. GriffithUnited States Court of Military Appeals · 1988
  3. United States v. ScaffUnited States Court of Military Appeals · 1989
  4. United States v. BrickeyUnited States Court of Military Appeals · 1983
  5. United States v. WebbCourt of Appeals for the Armed Forces · 2008

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