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Legal Opinion

United States v. Montgomery

United States Court of Military Appeals

Decided August 21, 1970No. 22,747PublishedCited by 103 opinions

1Opinion of the Court

Opinion of the Court

DARDEN, Judge:

A change in the Manual for Courts-Martial, United States, 1969 (Revised edition), that became effective on August 1, 1969, permits personnel records that reflect the past conduct and performance of an accused to be considered during deliberations on an appropriate sentence. The Court’s concerns in this case are with whether the regulation that permits such use was promulgated under a permissible delegation of power and, if so, whether the use of the records in this instance complies with the terms of the regulation.

A general court-martial found the appellant…

2Cases cited7 opinions

  1. United States v. JohnsonUnited States Court of Military Appeals · 1970
  2. United States v. TobinUnited States Court of Military Appeals · 1968
  3. United States v. JenkinsUnited States Court of Military Appeals · 1956
  4. United States v. GriffinUnited States Court of Military Appeals · 1970
  5. United States v. YoungUnited States Court of Military Appeals · 1970

2 more not listed; retrieve them via the Exa API.

3Cited by103 opinions

  1. United States v. HeflinUnited States Court of Military Appeals · 1975
  2. United States v. RayaCourt of Appeals for the Armed Forces · 1996
  3. United States v. AllenU.S. Navy-Marine Corps Court of Military Review · 1990
  4. United States v. JeanbaptisteUnited States Court of Military Appeals · 1978
  5. United States v. SnipesUnited States Court of Military Appeals · 1984

98 more not listed; retrieve them via the Exa API.

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