CAAF Opinion Digest · one opinion, every topic

U.S. v. Miley, 51 M.J. 232

Decided Aug 11, 1999 · No. 98-0721/NA · 1999 Term · Opinion (PDF)

Digested under 2 topics

Trial Stages: Initial Review: Revocation of Suspension

  1. conflicting and incomplete affidavits left record unacceptable for appellant review of lawfulness of revocation of suspension; further proceedings pursuant to United States v. DuBay, 17 USCMA 147, 37 CMR 411 (1967), were necessary to consider specific questions or, if those proceedings were impracticable, a new vacation proceeding was authorized

Trial Stages: Appeals: Remedies › Generally

  1. conflicting and incomplete affidavits left record unacceptable for appellant review of lawfulness of revocation of suspension; further proceedings pursuant to United States v. DuBay, 17 USCMA 147, 37 CMR 411 (1967), were necessary to consider specific questions or, if those proceedings were impracticable, a new vacation proceeding was authorized
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