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United States v. Augenblick, 393 U.S. 348 (1969)

United States v. Augenblick

No. 45

Argued November 21, 1968

Decided January 14, 1969

393 U.S. 348


Even if it is assumed, arguendo, despite the enactment of Article 76 of the Uniform Code of Military Justice (which provides that military review of court-martial convictions shall be "final and conclusive" and "binding upon all . . . courts . . . of the United States") that collateral attack on a court-martial judgment may be made in the Court of Claims through a back-pay suit alleging a "constitutional" defect in the military decision, the claims herein, which involve a rule of evidence concerning accomplice testimony, and the possible application of the Jencks Act, do not, on their facts, rise to the constitutional level. Pp. 393 U. S. 349-356.

180 Ct.Cl. 131, 377 F.2d 586; 181 Ct.Cl. 210, 383 F.2d 1009, reversed.

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