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Legal Opinion

United States v. McFadden

United States Court of Military Appeals

Decided May 8, 1970No. 22,688PublishedCited by 9 opinions

1Opinion of the Court

Opinion of the Court

Ferguson, Judge:

By means of a Certificate, pursuant to Article 67(b)(2), Uniform Code of Military Justice, 10 USC § 867, the Judge Advocate General of the Air Force has requested this Court to pass on the following questions:

“a. WAS THE COURT OF MILITARY REVIEW CORRECT IN ITS DECISION THAT THERE IS A CONFLICT BETWEEN ARTICLE 38 (e) OF THE UNIFORM CODE OF MILITARY JUSTICE AND PARAGRAPH 47, MCM, 1969 (REV) ?1
*413“b. IP THE ANSWER TO THE FIRST CERTIFIED QUESTION IS IN THE AFFIRMATIVE, WAS THE COURT OF MILITARY REVIEW CORRECT IN ITS DECISION THAT THE SUBSTANTIAL RIGHTS OF THE…

2Cases cited7 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. United States v. CulpUnited States Court of Military Appeals · 1963
  3. United States v. TavolillaUnited States Court of Military Appeals · 1968
  4. United States v. KraskouskasUnited States Court of Military Appeals · 1958
  5. United States v. GreerUnited States Court of Military Appeals · 1953

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

3Cited by9 opinions

  1. United States v. WareUnited States Court of Military Appeals · 1976
  2. United States v. CattUnited States Court of Military Appeals · 1975
  3. United States v. HansonUnited States Court of Military Appeals · 1987
  4. United States v. DouglasUnited States Court of Military Appeals · 1976
  5. United States v. MarrieU S Air Force Court of Military Review · 1994

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

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