Legal Opinion

United States v. Brooks

Court of Appeals for the Armed Forces

Decided September 22, 1995No. 95-6002; Crim.App.Misc. No. 9401905PublishedCited by 21 opinions

1Opinion of the Court

Opinion of the Court

GIERKE, Judge:

1. A general court-martial composed of officer and enlisted members convicted appellant, contrary to his pleas, of assault and battery and a separate specification of aggravated assault, both on his wife, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928. When the military judge asked the president of the court-martial if the members had “arrived at findings,” the president responded, “Yes sir, we have come to an absolute majority on both charges—both specifications.” The military judge asked, “Not a ‘majority,’ but by a two-thirds…

2Cases cited9 opinions

  1. United States v. ScottSupreme Court of the United States · 1978
  2. United States v. WilsonSupreme Court of the United States · 1975
  3. Tanner v. United StatesSupreme Court of the United States · 1987
  4. United States v. LovingCourt of Appeals for the Armed Forces · 1994
  5. United States v. LincolnCourt of Appeals for the Armed Forces · 1995

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3Cited by21 opinions

  1. United States v. WuterichCourt of Appeals for the Armed Forces · 2008
  2. United States v. LavenderCourt of Appeals for the Armed Forces · 1997
  3. United States v. BookerNavy-Marine Corps Court of Criminal Appeals · 2013
  4. United States v. MazaNavy-Marine Corps Court of Criminal Appeals · 2014
  5. United States v. OdomNavy-Marine Corps Court of Criminal Appeals · 2000

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