United States v. Thomas

CLARK, Judge,

joined by ORR and REED, Senior Judges (concurring), and

For the reasons that follow, I and the judges joining me concur with the lead opinion, except for a significant part of the discussion concerning Assignment of Error II (i.e., the conclusion that the Government did not prove the second aggravating factor). Contrary to the views of the lead opinion, we agree with the court-martial members that the appellant’s murder of his wife, Melinda, was preceded by either the intentional infliction of substantial physical harm or prolonged, substantial mental or physical pain and…