United States v. Febus-Santini

United States Court of Military Appeals

United States v. Febus-Santini

23 C.M.A. 226

CourtUnited States Court of Military Appeals

DecidedOctober 4, 1974

DocketNo. 28,565

StatusPublished

This text of 23 C.M.A. 226 (United States v. Febus-Santini) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Febus-Santini, 23 C.M.A. 226 (cma 1974).

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Opinion

OPINION OF THE COURT

Per CuRiam:

By amendment to the original convening order, the military judge who presided had been relieved. The court that tried this accused was, therefore, improperly constituted. United States v Johnson, 23 USCMA 104, 48 CMR 665 (1974); cf. United States v Harnish, 12 USCMA 443, 31 CMR 29 (1961). The decision of the U.S. Court of Military Review is reversed. The findings and sentence are set aside. A rehearing may be ordered.

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OPINION OF THE COURT

Per CuRiam:

By amendment to the original convening order, the military judge who presided had been relieved. The court that tried this accused was, therefore, improperly constituted. United States v Johnson, 23 USCMA 104, 48 CMR 665 (1974); cf. United States v Harnish, 12 USCMA 443, 31 CMR 29 (1961). The decision of the U.S. Court of Military Review is reversed. The findings and sentence are set aside. A rehearing may be ordered.

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Bluebook (online)

23 C.M.A. 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-febus-santini-cma-1974.

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