United States Court of Military Appeals· 5/22/1964

United States v. Johnson

Citations

14 C.M.A. 548
14 USCMA 548
34 C.M.R. 328
1964 CMA LEXIS 243
1964 WL 5022

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: Ferguson, Kilday, Quinn

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37 cases in this archive cite this case; the 20 most cited are listed.

Cites

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