Legal Opinion
United States v. Treat
Court of Appeals for the Armed Forces
Decided July 16, 2014No. 14-0280/ARPublishedCited by 15 opinions
1Opinion of the Court
Judge OHLSON
delivered the opinion of the Court.
We granted review in this case to determine whether the military judge created a fatal variance and violated Appellant’s due process rights when she made exceptions and substitutions to a charge and specification and found Appellant guilty of the revised charge and specification contrary to his plea. We hold that the changes made to the charge and specification constituted a material variance but did not prejudice Appellant. We therefore affirm Appellant’s conviction.
During the relevant time period, Appellant was a Sergeant (E-5) assigned to the…
2Cases cited12 opinions
- Schmuck v. United StatesSupreme Court of the United States · 1989
- United States v. GirouardCourt of Appeals for the Armed Forces · 2011
- United States v. TeffeauCourt of Appeals for the Armed Forces · 2003
- United States v. FinchCourt of Appeals for the Armed Forces · 2006
- United States v. MarshallCourt of Appeals for the Armed Forces · 2009
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3Cited by15 opinions
- United States v. Specialist CHAD C. ADAMSArmy Court of Criminal Appeals · 2015
- United States v. WeiserU S Coast Guard Court of Criminal Appeals · 2020
- United States v. CorcoranNavy-Marine Corps Court of Criminal Appeals · 2014
- United States v. DawkinsNavy-Marine Corps Court of Criminal Appeals · 2019
- United States v. DawkinsNavy-Marine Corps Court of Criminal Appeals · 2019
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