Legal Opinion · Dissent

United States v. Henderson

United States Court of Military Appeals

Decided July 1, 1960No. 12,634Published

1DissentFerguson, Judge

I dissent.

In my opinion, the conduct of this trial, resulting in the imposition of a death penalty, was so atrocious that the accused was denied due process. In no manner does it measure up to the standards laid down by Congress in the Uniform Code of Military Justice nor does it possess the high judicial character which we have sought to impress upon general courts-martial since 1951. Accordingly, I cannot concur in the judgment of my brothers that the proceedings are sufficiently regular to justify affirmance of the findings and sentence.

Tried by general court-martial for premeditated…

2Cases cited26 opinions

  1. Fisher v. United StatesSupreme Court of the United States · 1946
  2. United States v. DeainUnited States Court of Military Appeals · 1954
  3. United States v. RinehartUnited States Court of Military Appeals · 1957
  4. United States v. ParkerUnited States Court of Military Appeals · 1955
  5. United States v. WaltersUnited States Court of Military Appeals · 1954

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API