United States v. Valenzuela

United States Court of Military Appeals

United States v. Valenzuela

7 C.M.A. 45, 7 USCMA 45, 21 C.M.R. 171, 1956 CMA LEXIS 273, 1956 WL 4564

CourtUnited States Court of Military Appeals

DecidedMay 4, 1956

DocketNo. 6852

StatusPublished

Cited by3 cases

This text of 7 C.M.A. 45 (United States v. Valenzuela) 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. Valenzuela, 7 C.M.A. 45, 7 USCMA 45, 21 C.M.R. 171, 1956 CMA LEXIS 273, 1956 WL 4564 (cma 1956).

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Opinion

Opinion of the Court

Robert E. Quinn, Chief Judge:

The issues raised in this case are the same as those in United States v Turner, 7 USCMA 38, 21 CMR 134, decided this date. For the reasons stated in our opinion in that case, the Petition for New Trial is denied. The decision of the board of review and the action of the convening authority are set aside.

The record of trial is returned to The Judge Advocate General for reference to a general court-martial authority other than that which acted upon the initial review. In accordance with Article 61, Uniform Code of Military Justice, 50 USC § 648, a new review will be made by a Staff Judge Advocate who has had no previous connection with the case and a new action will be taken by such general court-martial authority.

Judge Latimer concurs. Judge Ferguson did not participate in the decision in this case.

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