Cummings v. The Emily Johnson

How courts have described this case

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

• listing ex- amples of issues in which DuBay hearings have been ordered for gathering additional facts on appeal
• identifying prece- dents in the second category of cases that concern a variety of issues
• hearing under United States v. DuBay, 17 USCMA 147, 37 CMR 411 (1967), may be required to determine factual questions concerning posMrial claims of ineffectiveness of counsel
• evidentiary hearings are “necessary predicates to resolving appellate questions” when “collateral or predicate matters” require clarification
• “The affidavit, then, played a role in triggering the process” of ordering a limited evidentiary hearing.
• \the [CCAs] are something like the proverbial 800-pound gorilla when it comes to their ability to protect an accused.\

Source: CourtListener parenthetical corpus (CC0).