Opinion

United States v. Waymire

  • 9 C.M.A. 252
  • 9 USCMA 252
  • 26 C.M.R. 32
  • 1958 CMA LEXIS 576
  • 1958 WL 3286
Court
United States Court of Military Appeals
Filed
May 16, 1958
Status
Published
Author
Quinn
On the bench
Ferguson, Latimer, Quinn
Cited by
14 cases
Authority
More cited than 12.4%

“It was never intended that a board of review be given the power to disapprove findings in its ‘discretion’”

How later courts described this case

  • “It was never intended that a board of review be given the power to disapprove findings in its ‘discretion’”
  • offenses found to be legally separate

Written by the judges who cited it.

The opinion

Quinn, Chief Judge

(dissenting):

When the board of review decided this case it had only two members. From their opinion, they apparently could not agree on the law; accordingly they effected a practical “disposition” of the case. This Court has taken similar action in a number of cases. United States v McMahan, 6 USCMA 709 , 21 CMR 31 ; United States v Dunnahoe, 6 USCMA 745 , 21 CMR 67 ; United States v Cudd, 6 USCMA 630 , 20 CMR 346 . The United States Court of Appeals for the Fifth Circuit has also taken such action under similar circumstances. Gulf Oil Corporation v Wright, 236 F2d 46 (CA 5th Cir) (1956). I would, therefore, answer the certified question in the affirmative.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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