United States v. Harrison
76 M.J. 45, 2016 CAAF LEXIS 1048
CourtCourt of Appeals for the Armed Forces
DecidedDecember 15, 2016
DocketNo. 17-0063/AF
StatusPublished
This text of 76 M.J. 45 (United States v. Harrison) 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. Harrison, 76 M.J. 45, 2016 CAAF LEXIS 1048 (Ark. 2016).
Opinion
CCA 38745. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:
WHETHER THE MILITARY JUDGE ERRED BY INSTRUCTING THE MEMBERS, “IF BASED ON YOUR CONSIDERATION OF THE EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE ACCUSED IS [46]*46GUILTY OF ANY OFFENSE CHARGED, YOU MUST FIND HIM GUILTY,” WHERE SUCH AN INSTRUCTION IS IN VIOLATION OF UNITED STATES v. MARTIN LINEN SUPPLY CO., 430 U.S. 564, 572-73 (1977) AND THERE IS INCONSISTENT APPLICATION BETWEEN THE SERVICES OF THE INSTRUCTIONS RELATING TO WHEN MEMBERS MUST OR SHOULD CONVICT AN ACCUSED.
No briefs will be filed under Rule 25.
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Related
United States v. Martin Linen Supply Co.
430 U.S. 564 (Supreme Court, 1977)
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Bluebook (online)
76 M.J. 45, 2016 CAAF LEXIS 1048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-harrison-armfor-2016.