United States v. Thomas

LAWRENCE, Judge:

Appellant was convicted of the premeditated murder of his wife. Following the presentation of evidence on the sentence, the members unanimously found two aggravating factors beyond a reasonable doubt and sentenced appellant to be put to death. Appellant, then-petitioner, filed a Motion for Declaratory Judgment seeking an order from this Court declaring that his death sentence is illegal. After meeting with counsel, we agreed to consider that motion as an assigned error under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(c), and specified the following…