United States v. Kinney
Cases that cite this one
2 later published cases cite this decision.
- United States v. Nelson (United States Court of Military Appeals 1975)
- United States v. Conway (United States Court of Military Appeals 1970)
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
This is a companion case to United States v Stoltz, 14 USCMA 461, 34 CMR 241, and involves testimony by the same witness who appeared in that trial, under the identical conditional grant of immunity. For the reasons set forth in our opinion in Stoltz, supra, the findings of guilty of robbery must be set aside. However, the accused entered a provident plea of guilty to unrelated charges of absence without leave, and the findings as to that offense are not affected by the error. Accordingly, they need not be set aside.
The decision of the board of review is reversed, and the record of trial is returned to The Judge Advocate General of the Navy. The board may order a rehearing on the robbery charge and the sentence, or reassess the penalty on the basis of the findings of guilty of unauthorized absence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.