United States v. Castellano
United States v. Castellano
71 M.J. 445; 2012 CAAF LEXIS 1171
Cases that cite this one
1 later published case cites this decision.
- United States v. Castellano (United States Court of Appeals For The Armed Forces 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
CCA 201100248. Review granted on the following issue:
IN MILLER v. CALIFORNIA, THE SUPREME COURT HELD THAT THE TRIER OF FACT MUST DETERMINE WHETHER JUDICIALLY-CREATED FACTORS THAT DISTINGUISH BETWEEN CONSTITUTIONALLY-PROTECTED AND CRIMINAL CONDUCT ARE SATISFIED. THE FACTORS IDENTIFIED IN UNITED STATES v. MAR-CUM ARE AN EXAMPLE OF SUCH FACTORS BUT THE LOWER COURT HELD THAT THE MILITARY JUDGE MUST DETERMINE WHETHER THE MARCUM FACTORS ARE SATISFIED. WHO DETERMINES WHETHER THEY HAVE BEEN SATISFIED?
Briefs will be filed under Rule 25.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.