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POPSMilitary Death Penalty
Gray -- this is Gray's legal issue. This is the first time a president has approved a military death sentence since President Eisenhower approved Army Private John A. Bennett's death sentence on 2 July 1957. PVT Bennett was executed at the USDB on 13 April 1961 after President Kennedy declined to grant clemency. Article 71(a) of the UCMJ provides, "the sentence providing for death may not be executed until approved by the President." 10 U.S.C. ยง 871(a). The last time a president acted under Article 87(a) was on 12 February 1962, when President Kennedy commuted a Sailor's death sentence to confinement for life. Gray was sentenced to death by a court-martial at Fort Bragg, NC, on 12 April 1988. The Army Court of Military Review affirmed Gray's death sentence in two opinions isused in 1992 and 1993. United States v. Gray, 37 M.J. 730 (A.C.M.R. 1992); United States v. Gray, 37 M.J. 751 (A.C.M.R. 1993). CAAF affirmed Gray's death sentence in a 3-2 opinion in 1999. United States
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POPSMilitary Death Penalty Not going to happen for a while. He's got to go through the federal civilian court system on habeas -- although that should be quick, it's 10th Cir. jurisdiction, and the 10th ain't favorable to military appeals.
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POPSDUI A means to suppress Intoxilyzer results?
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POPSIntoxication Defense 1 July 2008, currently most recent case giving a good overview of intoxication as a defense to a specific intent offense in the military -- what the defense has to establish, when it's raised, and when the MJ must instruct either sua sponte or upon request.
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POPSHPV 1 What's the meaning, if any, of an HPV diagnosis in relation to a rape allegation?
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