United States v. Castellano
71 M.J. 445, 2012 CAAF LEXIS 1171
CourtCourt of Appeals for the Armed Forces
DecidedOctober 17, 2012
DocketNo. 12-0684/MC
StatusPublished
Cited by2 cases
This text of 71 M.J. 445 (United States v. Castellano) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
United States v. Castellano, 71 M.J. 445, 2012 CAAF LEXIS 1171 (Ark. 2012).
Opinion
CCA 201100248. Review granted on the following issue:
IN MILLER v. CALIFORNIA, THE SUPREME COURT HELD THAT THE TRIER OF FACT MUST DETERMINE WHETHER JUDICIALLY-CREATED FACTORS THAT DISTINGUISH BETWEEN CONSTITUTIONALLY-PROTECTED AND CRIMINAL CONDUCT ARE SATISFIED. THE FACTORS IDENTIFIED IN UNITED STATES v. MAR-CUM ARE AN EXAMPLE OF SUCH FACTORS BUT THE LOWER COURT HELD THAT THE MILITARY JUDGE MUST DETERMINE WHETHER THE MARCUM FACTORS ARE SATISFIED. WHO DETERMINES WHETHER THEY HAVE BEEN SATISFIED?
Briefs will be filed under Rule 25.
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Related
United States v. Castellano
72 M.J. 217 (Court of Appeals for the Armed Forces, 2013)
Cite This Page — Counsel Stack
Bluebook (online)
71 M.J. 445, 2012 CAAF LEXIS 1171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-castellano-armfor-2012.