United States v. Shafer

Court of Appeals for the Armed Forces

United States v. Shafer

70 M.J. 94, 2011 CAAF LEXIS 352

CourtCourt of Appeals for the Armed Forces

DecidedApril 27, 2011

DocketNo. 11-0391/AR

StatusPublished

This text of 70 M.J. 94 (United States v. Shafer) 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. Shafer, 70 M.J. 94, 2011 CAAF LEXIS 352 (Ark. 2011).

Pincite

Opinion

CCA 20090650. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that there is no evidence of the authenticity of pages 1-102 of the record of trial. “Neither this Court nor the court below may review and act on such a record.” United States v. Vasquez, 44 M.J. 52 (C.A.A.F. 1996) (summary disposition). Accordingly, it is ordered that said petition is granted on the following specified issue:

WHETHER A PROPER REVIEW UNDER ARTICLE 66(c), UCMJ, HAS BEEN CONDUCTED WHERE THERE IS NO EVIDENCE OF THE AUTHENTICITY OF PAGES 1-102 OF THE RECORD OF TRIAL AS REQUIRED BY ARTICLE 54(a), UCMJ.

The decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for resubmission to that court for further review. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

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

CCA 20090650. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that there is no evidence of the authenticity of pages 1-102 of the record of trial. “Neither this Court nor the court below may review and act on such a record.” United States v. Vasquez, 44 M.J. 52 (C.A.A.F. 1996) (summary disposition). Accordingly, it is ordered that said petition is granted on the following specified issue:

WHETHER A PROPER REVIEW UNDER ARTICLE 66(c), UCMJ, HAS BEEN CONDUCTED WHERE THERE IS NO EVIDENCE OF THE AUTHENTICITY OF PAGES 1-102 OF THE RECORD OF TRIAL AS REQUIRED BY ARTICLE 54(a), UCMJ.

The decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for resubmission to that court for further review. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

Cite This Page — Counsel Stack

Bluebook (online)

70 M.J. 94, 2011 CAAF LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-shafer-armfor-2011.