United States v. Schuber

Court of Appeals for the Armed Forces

United States v. Schuber

70 M.J. 22, 2011 CAAF LEXIS 317

CourtCourt of Appeals for the Armed Forces

DecidedMarch 2, 2011

DocketNo. 11-6002/AF

StatusPublished

This text of 70 M.J. 22 (United States v. Schuber) 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. Schuber, 70 M.J. 22, 2011 CAAF LEXIS 317 (Ark. 2011).

Pincite

Opinion

CCA 2010-14. Review granted on the following issue:

WHETHER THE COURT OF CRIMINAL APPEALS ERRED BY REVERSING THE MILITARY JUDGE AND FINDING THE GOVERNMENT MET ITS BURDEN UNDER ARTICLE 10, UCMJ.

Review also granted on the following additional specified issue:

WHETHER ARTICLE 10, UCMJ, SHOULD HAVE BEEN APPLIED BY THE MILITARY JUDGE AND THE COURT OF CRIMINAL APPEALS WHEN THE ACCUSED HAD BEEN RELEASED FROM CONFINEMENT AFTER 71 DAYS, ALLOWED TO RETURN HOME ON LEAVE FOR 3 DAYS, AND WHEN HE RETURNED, WAS ONLY SUBJECT TO BASE RESTRICTION, A RESTRICTION THAT WAS NOT TANTAMOUNT TO CONFINEMENT.

Appellant’s brief on the specified issue shall be filed within 7 days of the date of this order. Appellee’s brief shall be filed within 7 days of the date of the filing of Appellant’s brief. It is further ordered that the above-entitled action be called for hearing on the 30th day of March, 2011. This hearing will commence immediately following the hearing in Wuterich v. Jones, No. 11-8009/MC.

Free access — add to your briefcase to read the full text and ask questions with AI

CCA 2010-14. Review granted on the following issue:

WHETHER THE COURT OF CRIMINAL APPEALS ERRED BY REVERSING THE MILITARY JUDGE AND FINDING THE GOVERNMENT MET ITS BURDEN UNDER ARTICLE 10, UCMJ.

Review also granted on the following additional specified issue:

WHETHER ARTICLE 10, UCMJ, SHOULD HAVE BEEN APPLIED BY THE MILITARY JUDGE AND THE COURT OF CRIMINAL APPEALS WHEN THE ACCUSED HAD BEEN RELEASED FROM CONFINEMENT AFTER 71 DAYS, ALLOWED TO RETURN HOME ON LEAVE FOR 3 DAYS, AND WHEN HE RETURNED, WAS ONLY SUBJECT TO BASE RESTRICTION, A RESTRICTION THAT WAS NOT TANTAMOUNT TO CONFINEMENT.

Appellant’s brief on the specified issue shall be filed within 7 days of the date of this order. Appellee’s brief shall be filed within 7 days of the date of the filing of Appellant’s brief. It is further ordered that the above-entitled action be called for hearing on the 30th day of March, 2011. This hearing will commence immediately following the hearing in Wuterich v. Jones, No. 11-8009/MC.

Cite This Page — Counsel Stack

Bluebook (online)

70 M.J. 22, 2011 CAAF LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-schuber-armfor-2011.