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· 5/29/1925

Carrión v. Nadal Carrión

Citations

  • 34 P.R. Dec. 305

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holds that the appearance or existence of command influence provides a rebuttable presumption of prejudice and any doubts must be resolved in favor of the accused
  • “Under the circumstances, we cannot say with conviction that the court-martial was uninfluenced ... in its deliberation on the sentence.”
  • “As a matter of principle, any doubt in the matter must be resolved in favor of the accused.”
  • “[T]he apparent existence of ‘command control’ ... is as much to be condemned as its actual existence.”
  • the appearance of command influence provides a presumption of prejudice, but the presumption is rebuttable

Source: CourtListener parenthetical corpus (CC0).

Judges: Soto

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