United States v. Nix
Cases that cite this one
7 later published cases cite this decision.
- United States v. Jungbluth (U S Navy Marine Corps Court of Criminal Appeals 1998)
- United States v. Morris (United States Court of Military Appeals 1975)
- United States v. Smith (U S Navy Marine Corps Court of Criminal Appeals 1995)
- United States v. Mayfield (U S Navy Marine Corps Court of Criminal Appeals 1995)
- United States v. Hussey (U S Air Force Court of Military Review 1976)
- United States v. Brown (United States Court of Military Appeals 1972)
- United States v. White (United States Court of Military Appeals 1972)
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
If an accused indicates after a court is called to order that he desires a military judge alone to try him, the court-martial must be recessed and the request executed in writing. United States v Dean, 20 USCMA 212, 43 CMR 52 (1970).
In this case, however, the written request followed the testimony of one witness. This procedure does not comply with the holding in Dean, supra, since acceptance of the written request is a jurisdictional prerequisite. Under Dean we do not test for prejudice.
Accordingly, the decision of the Court of Military Review is reversed and the findings and sentence are set aside. The record of trial is returned to the Judge Advocate General of the Army. Another trial may be ordered.
Dissenting Opinion
(dissenting) :
I would affirm the decision of the Court of Military Review. See my dissent in United States v Dean, 20 USCMA 212, 43 CMR 52 (1970).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.