· 9/24/1990
Jose A. Martinez v. The United States
Citations
- 914 F.2d 1486
- 1990 U.S. App. LEXIS 16705
- 1990 WL 138126
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Army Board for the Correction of Military Records \has no authority to void court-martial convictions\ under § 1552(f)
- holding that “failure to raise his constitutional claims in the military court system bars him from raising them in federal court”
- holding a failure to raise an objection in the military system waives that objection on collateral attack
- affirming dismissal of collateral challenge to court-martial conviction; recognizing that under § 1552(f), the civilian board “has no authority to void court-martial convictions”
- “Asserting the violation of a given law for reason ‘x’ does not preserve later claims that the same law has been violated for reasons y and ‘z.’ ”
- failure to raise constitutional claim in the military court system barred serviceman from raising it in federal court absent a showing of cause and prejudice
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Miller, Lourie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.