Home/United States Court of Military Appeals/United States v. O'Brien

United States v. O'Brien

22 C.M.A. 325
CourtUnited States Court of Military Appeals
DecidedJune 8, 1973
DocketNo. 25,970; No. 26,335; No. 26,338; No. 26,355; No. 26,385; No. 26,493; No. 26,604; No. 26,609; No. 26,723; No. 26,756
StatusPublished

This text of 22 C.M.A. 325 (United States v. O'Brien) 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. O'Brien, 22 C.M.A. 325 (cma 1973).

Opinion

Opinion of the Court

Per Curiam:

In each of these cases, evidence of previous conviction by summary court-martial was received in evidence on sentencing. In no instance did the summary court-martial proceeding result in confinement. Consequently, our decision in United States v Alderman, 22 USCMA 298, 46 CMR 298 (May 25, 1973) does not prohibit the use of such evidence in aggravation of punishment. Accordingly, we affirm the decision of the Court of Military Review in each case.

Chief Judge Darden would affirm the decisions below for the reasons set forth in his separate opinion in United States v Alderman, supra.

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Bluebook (online)
22 C.M.A. 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-obrien-cma-1973.