United States v. Barben
Cases that cite this one
4 later published cases cite this decision.
- United States v. Shackelford (United States Court of Military Appeals 1976)
- United States v. Thomas (U.S. Army Court of Military Review 1984)
- United States v. Drake (United States Court of Military Appeals 1965)
- United States v. Sneed (U.S. Army Court of Military Review 1976)
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
Opinion of the Court
The accused originally pleaded guilty to a charge of wrongful appropriation, in violation of Uniform Code of Military Justice, Article 121, 10 USC § 921. While testifying in mitigation and extenuation, he made statements inconsistent with that plea, and the law officer set it aside, declaring a mistrial to which the defense agreed.
Thereafter, accused was arraigned upon the same charge and specification before another court-martial and pleaded not guilty. After the prosecution had offered its evidence and rested, accused elected to testify in his own defense. On cross-examination, trial counsel questioned accused as to the admissions of guilt which he made to the law officer at the earlier trial during a preliminary inquiry into the providence of his plea. Such cross-examination was prejudicially erroneous. United States v Daniels, 11 USCMA 52, 28 CMR 276; United States v Stivers, 12 USCMA 315, 30 CMR 315; Kercheval v United States, 274 US 220, 71 L ed 1009, 47 S Ct 582 (1927).
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.