Legal Opinion

United States v. Metcalf

U S Air Force Court of Military Review

Decided April 28, 1992No. Misc. Nos. 91-05A, 91-05BPublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

McLAUTHLIN, Judge:

Was the military judge correct as a matter of law to order further tests of these accuseds’ urine samples when the samples were already reported as positive for cocaine metabolites and chain of custody was uncontested? We conclude he was not, and grant the government’s appeal.

Airman First Class (A1C) Metcalf and A1C Mosley were each randomly selected to provide urine samples for drug testing. Analysis of A1C Metcalf’s sample at the Air Force Drug Testing Laboratory (AFDTL) showed a concentration of 355 ng/ml of the cocaine metabolite benzoylecgonine (BE).…

2Cases cited10 opinions

  1. Ake v. OklahomaSupreme Court of the United States · 1985
  2. California v. TrombettaSupreme Court of the United States · 1984
  3. Caldwell v. MississippiSupreme Court of the United States · 1985
  4. Carzell Moore v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, RespondentCourt of Appeals for the Eleventh Circuit · 1987
  5. United States v. BurrisUnited States Court of Military Appeals · 1985

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3Cited by3 opinions

  1. United States v. MosleyCourt of Appeals for the Armed Forces · 1995
  2. United States v. DiazU S Air Force Court of Military Review · 1994
  3. United States v. MosleyCourt of Appeals for the Armed Forces · 1995

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