Fitzhugh v. The Commerce

How courts have described this case

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

• four judges agreed that defects in preferral of charges are waived if not raised at trial
• “Unlawful command influence at the referral, trial, or review stage is not waived by failure to raise the issue at trial.”
• failure to object to errors in the preferral, forwarding, investigation, or review of charges before a plea is entered shall constitute waiver
• “Unlawful command influence at the referral, trial, or review stage is not waived by failure to raise the issue at trial.”
• “[W]e conclude ... that appellant has not made out his case for command influence.”
• “Unlawful command influence at the referral, trial, or review stage is not waived by failure to raise the issue at trial”; United States v. Blaylock, 15 M.J. 190, 193 (C.M.A. 1983

Source: CourtListener parenthetical corpus (CC0).