United States v. Horner
Cases that cite this one
1 later published case cites this decision.
- United States v. Gomez (U.S. Army Court of Military Review 1983)
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
At petitioner’s trial by special court-martial, the military judge failed to instruct the court on the sentence voting procedures provided by paragraph 76b (2), Manual for Courts-Martial, United States, 1969 (Rev). In light of the punitive discharge imposed in this case, a rehearing on the sentence is required. United States v. Johnson, 18 U.S.C.M.A. 436, 40 C.M.R. 148 (1969).
Accordingly, the decision of the U.S. Army Court of Military Review as to the sentence is reversed. The record of trial is returned to the Judge Advocate General of the Army. A rehearing on sentence may be ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.