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· 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 CourtListener

Sourced 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.