United States v. Gay

DECISION

KASTL, Senior Judge:

Applying Supreme Court precedents, we hold in this case that the military system for imposing the death penalty under Article 118(1) of the U.C.M.J., 10 U.S.C. § 918(1) is constitutionally defective. Accordingly, we disapprove that portion of the accused’s sentence extending to death.

The accused, Airman Gay, was found guilty of murder and attempted murder of three security policemen, in violation of Articles 80 and 118(1), U.C.M.J., 10 U.S.C. § 880. His sentence, as approved by the convening authority, extends to death, dishonorable discharge, total forfeitures,…