Legal Opinion
Robert E. Curry v. Secretary of the Army
Court of Appeals for the D.C. Circuit
Decided April 19, 1979No. 78-1031PublishedCited by 14 opinions
1Opinion of the Court
Opinion for the court filed by TAMM, Circuit Judge.
TAMM, Circuit Judge:
We review in this appeal a due process attack on provisions of the Uniform Code of Military Justice (UCMJ) which assign multiple roles to the convening authority 1 in court-martial proceedings. The district court (Gesell, J.) upheld the constitutionality of these provisions, and we affirm.
I
The facts of this case are not in dispute. Curry was an enlisted man, stationed in Germany, in the United States Army. On March 8, 1975, he was convicted of two homicides 2 by a general court-martial. The sentence imposed by the…
2Cases cited18 opinions
- Withrow v. LarkinSupreme Court of the United States · 1975
- In Re Murchison.Supreme Court of the United States · 1955
- Parker v. LevySupreme Court of the United States · 1974
- Estes v. TexasSupreme Court of the United States · 1965
- Ward v. Village of MonroevilleSupreme Court of the United States · 1972
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3Cited by14 opinions
- Brown v. GlinesSupreme Court of the United States · 1980
- United States v. TreakleU.S. Army Court of Military Review · 1984
- United States v. HardinUnited States Court of Military Appeals · 1979
- New, Michael G. v. Perry, WilliamCourt of Appeals for the D.C. Circuit · 1997
- Mendrano v. SmithCourt of Appeals for the Tenth Circuit · 1986
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