United States v. Yordan-Ortiz
This text of 13 C.M.A. 29 (United States v. Yordan-Ortiz) 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.
Opinion
Opinion of the Court
We granted accused’s petition for review, inter alia, on a contention that the trial proceedings, held at Fort Jackson, South Carolina, were tainted by command control. See United States v Kitchens, 12 USCMA 589, 31 CMR 175; United States v Smith, 12 USCMA 594, 31 CMR 180; United States v Barrett, 12 USCMA 598, 31 CMR 184. After appellant’s brief was filed, the United States requested that the findings and sentence be set aside. Under all the circumstances, we conclude such action is appropriate.
The decision of the board of review is reversed, and the record of trial is returned to The Judge Advocate General of the Army. A rehearing may be ordered.
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Cite This Page — Counsel Stack
13 C.M.A. 29, 13 USCMA 29, 32 C.M.R. 29, 1962 CMA LEXIS 248, 1962 WL 4445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-yordan-ortiz-cma-1962.