Legal Opinion

United States v. Curtis

United States Court of Military Appeals

Decided April 18, 1991No. 63,044; NMCM 87-3856PublishedCited by 46 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Senior Judge:

Appellant was sentenced to death by a general court-martial convened at Camp Lejeune, North Carolina. The issues now before us are whether the President was empowered to prescribe the procedure under which this sentence was adjudged and, if so, whether the rule he prescribed complied with constitutional requirements.

I

On April 14, 1987, Curtis used a pretext to obtain entry to the home of his supervisor, First Lieutenant James Lotz. His purpose — apparently the result of perceived racial slurs and the imbibing of gin — was to kill Lotz. He carried out…

2Cases cited72 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gregg v. GeorgiaSupreme Court of the United States · 1976
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Furman v. GeorgiaSupreme Court of the United States · 1972
  5. Lockett v. OhioSupreme Court of the United States · 1978

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3Cited by46 opinions

  1. Loving v. United StatesSupreme Court of the United States · 1996
  2. United States v. LovingCourt of Appeals for the Armed Forces · 1994
  3. United States v. MurphyCourt of Appeals for the Armed Forces · 1998
  4. Loving v. United StatesCourt of Appeals for the Armed Forces · 2005
  5. United States v. CurtisCourt of Appeals for the Armed Forces · 1996

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

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