United States v. Tamburello

Court of Appeals for the Armed Forces

United States v. Tamburello

76 M.J. 61, 2017 CAAF LEXIS 145

Court of Appeals for the Armed Forces·Decided January 11, 2017·No. No. 17-0115/MC·Published

Opinion

CCA 201600109. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

[62] WHETHER THE MILITARY JUDGE ERRED WHEN HE INSTRUCTED THE MEMBERS, “IF BASED ON YOUR CONSIDERATION OF THE EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE ACCUSED IS GUILTY OF THE CRIME CHARGED, YOU MUST FIND HIM GUILTY.”

No briefs will be filed under Rule 25.

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CCA 201600109. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

[62] WHETHER THE MILITARY JUDGE ERRED WHEN HE INSTRUCTED THE MEMBERS, “IF BASED ON YOUR CONSIDERATION OF THE EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE ACCUSED IS GUILTY OF THE CRIME CHARGED, YOU MUST FIND HIM GUILTY.”

No briefs will be filed under Rule 25.

United States v. Tamburello, 76 M.J. 61, 2017 CAAF LEXIS 145 (Ark. 2017).

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